Tag Archives: memory

3 Ways Our Brains Are Changing With the Times

By Thomas M. O’Toole, Ph.D.

Without a doubt, we are living in unprecedented times. Whether it is the leader of the free world firing off daily rants on Twitter or the mere fact that smart-phones leave us plugged in 24 hours a day and 7 days a week, technology and social media have profoundly changed the way we experience the world. The psychological and sociological research is finally catching up, offering an interesting glimpse into how all of these changes are impacting our brains. Here are three ways in which technology and social media are impacting your jury pool. Continue reading

Jury Duty is So Much More Boring Than You Realize (And How It Impacts Your Presentation Strategy)

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By Thomas M. O’Toole, Ph.D.

It finally happened this past week. I was called for jury duty. I have spent my entire adult life studying jury behavior and decision-making. I spent years in graduate school and wrote a dissertation on juror sense-making to receive my Ph.D. in legal communication and psychology. I’ve read thousands of studies on juries. I’ve worked in the field for over a decade. I’ve watched hundreds of mock juries deliberate. Yet, I had never been called for jury duty.

There were many surprising things about the experience, but most surprising were the distractions and the boredom. I know jury duty can make life difficult for jurors. I know jurors sit around and wait a lot. I know the process can be quite boring. Yet, before this experience, I had not appreciated the reality of it. Continue reading

Strategic Considerations of How Case Presentation Influences Jurors’ Note-Taking (Part 1)

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By Thomas M. O’Toole, Ph.D. 

There has been a lot of discussion and research devoted to the value of juror note-taking. Not too long ago, the concept of allowing jurors to take notes during trial was considered cutting edge. Some trial venues still do not allow it, although most do. No attention appears to have been given to strategies for influencing juror note-taking, which is shocking since so much of the research speaks to the influence that note taking plays in deliberations. According to one study, 75% of all jurors given the opportunity to take notes believed it assisted them in recalling the evidence, understanding the law and reaching a decision. Given the influence that jurors’ notes play in their decision-making, the jury consulting field needs to venture into an examination of how presentation strategies can influence the process of note-taking.

I am absolutely convinced there is a significant strategic advantage to be gained when an attorney can structure a presentation in a manner that exerts influence on juror note-taking. But it is not enough that jurors just take notes. This is the problem of the current research. It focuses on the value of taking notes versus not taking notes. But the issue is not that simple. The real strategy development lies in the next level of examining how jurors take and use their notes and how an attorney’s presentation at trial can influence the way in which jurors take and use their notes. Continue reading