Social Media, the Court of Public Opinion and George Zimmerman’s Defense

Facebook. Twitter. Websites. Blogs. Social media is an inexpensive, readily-available source for gauging public opinion. And it’s working its way into litigation strategy. Casey Anthony’s defense team used social media to monitor public opinion and assess reactions to the actual trial (which was available online through streaming video). The case was a hotbed of public...
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Heicklen Jury Tampering Indictment Dismissed

Julian Heicklen. Remember him?  He’s the 80-year retired chemistry professor who was indicted for jury tampering because he liked to pass out pamphlets on jury nullification.  On the steps of Manhattan courthouses. [Read our prior posts “Advocating Jury Nullification: Crime or Freedom of Speech?” and “More on Jury Nullification and Julian Heicklen” for more detailed background information.] Last Thursday...
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Trust Me, I’m Credible!

As I was sitting in federal court yesterday observing testimony of a key witness, I found myself distrusting the witness. And the attorney. The exchange caused me to ponder on the importance of trust: the trust a witness must have for his attorney, and the trust a juror must feel towards the courtroom advocates. I...
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Show Me the Money! Suggestions for plaintiff voir dire on damages.

Money. Plaintiffs hope to receive lots.  Defendants hope to pay none.  No matter which side of the aisle you’re on, addressing damages with jurors during voir dire can be a daunting task.  More than likely, selected jurors will be neither “let-me-write-you-a-blank-check” nor “I-won’t-give-you-a-penny” jurors.  The panel will fall somewhere in the middle. Here’s what I’ve...
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Do You See What I See? Gender Differences in Graphic Perception

When it comes to trial graphics and demonstratives, do male jurors see the same thing as female jurors?  Interesting question. Business Insider featured an article addressing research conducted by EyeTrackShop, a company that uses eye-tracking technology to determine what customers look at when viewing visual advertisements. The study, conducted in Norway with a relatively small sample size...
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