By Thomas M. O’Toole, Ph.D. and Kevin R. Boully, Ph.D.
*A version of this blog was published in the October 2019 issue of the King County Bar Bulletin
What is jury economics? If you google it, you will find no matching results. If you search any of the books written on jury persuasion or decision-making, you will not find the term. It has never been used before, but we hope to make it an important part of your vocabulary with this blog post, which is going to draw on the ongoing research and analysis we have been conducting over the past several years.
Jury economics offers a new paradigm of jury decision-making built on the emerging field of behavioral economics. Behavioral economics is the study of how humans repeatedly diverge from the logical and the rational when it comes to decision-making and behavior. It is the examination of what Dan Arielly describes as our “predictably irrational” behavior, and it has taken on more and more importance as our culture has so radically changed over the last decade or so due, in large part, to extraordinary leaps in technological advancement. Continue reading