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Full-Text Articles in Law
Jury Simulation Goals, Jonathan J. Koehler, John B. Meixner Jr.
Jury Simulation Goals, Jonathan J. Koehler, John B. Meixner Jr.
Scholarly Works
What are the goals that researchers who conduct jury simulations have or should have? Drawing on Pennington and Hastie (1981), we identify three primary goals: (1) develop theory, (2) describe how juries perform, and (3) improve the jury process. Where basic theory matters most, studies should be designed in ways that stress internal validity. Where describing the behaviors of real juries or persuading policy makers about changes that should be made, studies should focus on external and ecological validity as well. We urge researchers who are interested in describing jury behavior and improving the jury process to conduct ecologically valid …
An Empirical Research Agenda For The Forensic Sciences, Jonathan J. Koehler, John B. Meixner Jr.
An Empirical Research Agenda For The Forensic Sciences, Jonathan J. Koehler, John B. Meixner Jr.
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After the National Academy of Sciences issued a stunning report in 2009 on the unscientific state of many forensic science subfields, forensic science has undergone internal and external scrutiny that it had managed to avoid for decades. Although some reform efforts are underway, forensic science writ large has yet to embrace and settle upon an empirical research agenda that addresses knowledge gaps pertaining to the reliability of its methods. Our paper addresses this problem by proposing a preliminary set of fourteen empirical studies for the forensic sciences. Following a brief discussion of the courtroom treatment of forensic science evidence, we …
Damage Anchors On Real Juries, Shari Seidman Diamond, Mary R. Rose, Beth Murphy, John B. Meixner Jr.
Damage Anchors On Real Juries, Shari Seidman Diamond, Mary R. Rose, Beth Murphy, John B. Meixner Jr.
Scholarly Works
Experiments reveal anchoring as a powerful force, even when participants see the anchor as irrelevant. Here, we examine the reactions of real deliberating jurors to attorney damage requests and concessions in 31 cases involving 33 plaintiffs in which the jury awarded damages. Jurors were critical consumers of attorney suggestions. They reacted more negatively to, and were less influenced by, plaintiff ad damnums for pain and suffering than to damage requests in categories grounded in more objective evidence. Deliberations revealed that jurors often perceive plaintiff ad damnums not only as irrelevant, but also as outrageous, impressions reflected in their verdicts. These …
There's A Pennoyer In My Foyer: Civil Procedure According To Dr. Seuss, Elizabeth Chamblee Burch
There's A Pennoyer In My Foyer: Civil Procedure According To Dr. Seuss, Elizabeth Chamblee Burch
Scholarly Works
This is what it purports to be: a Seussian take on civil procedure. It’s a short, fun essay that covers (1) the iron triangle of civil procedure - the role of lawyers, judges, and juries, and (2) prominent civil procedure doctrines, such as personal jurisdiction, Erie, pleading, discovery, and joinder.