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WHAT DOES IT MEAN WHEN JURORS NOD AT WHAT WE SAY OR THE WITNESS SAYS?

WHAT DOES IT MEAN WHEN JURORS NOD AT WHAT WE SAY OR THE WITNESS SAYS?

Dr Stanley Brodsky and Dr. Michael P. Griffin PhD from the University of Alabama published an article “When Jurors Nod” that’s worth thinking about. the authors note that the attention of attorneys to a juror is captured when jurors nod their heads. We assume it means agreement  with us.  When an attorney or  witnesses testify, there are often people on the jury nod their heads up and down, some rapidly and some with barely visible movement of the head. The…

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THE IMPACT OF GRAPHIC PHOTOS & EXHIBITS ON JURORS

THE IMPACT OF GRAPHIC PHOTOS & EXHIBITS ON JURORS

Dr. Bryan Edelman published an article in The Jury Expert: http://www.thejuryexpert.com/ titled “The impact of graphic injury photographs on liability verdicts and non-economic damage awards.” The issue of photographs and other exhibits often comes up when a defendant objects that the exhibits are” inflammatory and prejudicial.” FRE 403 says: “Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of…

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VOIR DIRE WHEN THE TIME IS LIMITED

VOIR DIRE WHEN THE TIME IS LIMITED

I have taught at the Spence Trial College and written in this blog about the approach Gerry Spence advocates in jury selection. https://plaintifftriallawyertips.com/gerry-spence-voir-dire-questions  It can be roughly summarized as focused on building rapport through open, nonjudgmental discussion. It is not closed ended questions intended to dictate ideas. They focus on how the juror feels about subjects after he has first shared how he feels. Here is an example from Spence’s last civil case in Iowa: Now let me ask you…

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