Did biology or free will cause Charles Whitman, the notorious University of Texas sniper, to kill 16 people in cold blood, including his wife and mother? An autopsy revealed the former Eagle Scout and Marine had a tumor in his amygdala, the center of aggression and fear. Whitman had sensed something was wrong in his […]

The practice of allowing jurors to ask witnesses questions during trial is becoming more common, with at least three states – Arizona, Colorado, and Indiana – requiring it. One of the reasons allowing jurors to ask questions worked so well during the recent CEATS trial in the Eastern District of Texas was Chief Judge Davis’ […]

Attorneys would be well served to stay attuned to the effect the ongoing economic crisis can have on a juror’s attitudes and predispositions and forge trial strategy in light of it. In the recent Texas Bar Journal article, “You Can’t Judge a Juror by the Recession,” co-authored with Jason Bloom and John G. Browning, we […]

Do you remember having serious “discussions” – aka arguments – with your parents? Was that a pleasurable or a stressful experience for you? As you answered their questions, did the words flow gracefully off your tongue or did you find yourself blurting out information in a way that later caused regret? Being questioned about your […]

The Internet can be an evidentiary goldmine on prospective jurors, opposing parties, opposing counsel, and potential witnesses. Recently trial consultant Amy Singer proclaimed “Social media was the difference between winning and losing” the Casey Anthony trial, legitimizing and raising awareness of the use of social media analysis as a litigation tool. Social media, which began […]

After reading a couple of reviews about the iJuror app and noting its bargain price of $9.99, I decided to download it to my iPad and take it for a trial run at a recent jury selection. Overall, I was favorably impressed with iJuror’s performance and utility. It exceeded my expectations, especially when compared to […]

After facilitating a number of shadow juries over the years, I have developed strong opinions about the differences between a good shadow jury and a great shadow jury. A well-run shadow jury is a powerful litigation tool that gives quality, real-time feedback about each day in court – a clear advantage in complex litigation. Shadow […]