Tag Archives: beliefs

Does the Size of a Corporate Defendant Matter?


By Thomas M. O’Toole, Ph.D.

It probably comes as no surprise that corporate defendants face a disadvantage at trial compared to individual defendants. A long line of research has established this general corporate bias; however, there has been little attention given to how jurors view large versus small corporations, so we collected data on the subject in a 2017 nationwide survey of jury-eligible respondents.

The data generally revealed that larger corporations face greater bias than smaller corporations on both liability and damages. As support, let’s look at some interesting data points from our survey on how respondents’ beliefs might impact their views of liability in cases involving large corporations: Continue reading

“Jury Nullification” is a Greater Threat than You Think


By Jill D. Schmid, Ph.D.

Sound Jury Consulting recently conducted a nationwide online survey in which we asked the following: If you were sitting as juror in a trial where your personal beliefs about the case were in conflict with the laws the judge told you to follow, how difficult do you believe it would be to set your personal beliefs aside and not let them influence your decision? 62% said it would be very or somewhat difficult. While the results highlight the importance of a sound jury de-selection strategy, they also speak to what many might call jury nullification.
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Think of it as “Mock Deliberations” Instead of a Mock Trial

Mock Jury Deliberations
By Thomas M. O’Toole, Ph.D.

I had a very interesting experience recently on a case in New York. While we had worked with the client before, we had never worked with this particular group of attorneys. The stakes were significant and there were ongoing discussions about a potential mock trial. These discussions created an interesting dynamic where the client wanted to do a mock trial, but the client’s attorneys did not support the idea and questioned the value of such a project. Notably, the client, who we had worked with several times in the past, had never conducted a mock trial before, so while he was convinced that there was value to a mock trial, he could not necessarily articulate what the specific benefits of conducting one would be.

The end result was that the client made the decision to move forward despite his attorneys’ lack of interest. Afterwards, he was so impressed with the critical insights that we learned that the decision was made to conduct a second mock trial a month later in order to maximize the trial team’s intel for its strategy development and trial presentation decisions. Continue reading

Jurors Don’t Let Facts Get In Their Way

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By Jill D. Schmid, Ph.D.

I’m a relatively new user of Facebook – turns out my protest against it wasn’t working as there are now over 1.25 billion users. I finally gave in and joined as I was told that people use it to share pictures of their kids, dogs, and vacations. While that is somewhat true, I’ve also found that people use it to “share” and “like” their political, religious, and moral views about every subject under the sun. Now, don’t get me wrong, I have no problem sharing my opinion, but typically I like to do it in a face-to-face setting where we can engage in a discussion of the issue and where people can tell me I’m full of “it” right to my face – no hiding behind a computer screen.

My dislike for Facebook has become more intense recently. I’ve learned in the past couple of months that I’m going to have to take a hiatus from it until the political season is over. I was thinking about the posts and the feedback to those posts when an attorney friend posted the picture above.

This got me thinking about what I do – and how social media and the “sharing” of opinion as if it’s fact influences how people pay attention to, process, and remember information presented to them during trial. Continue reading