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Strategies to Mitigate the Effect of Confirmation Bias During Jury Selection and Deliberation

Jury Analyst

In the previous articles of our series on confirmation bias, aka Perception Bias in the legal system, we explored the profound impact of confirmation bias on jury selection and decision-making processes. Trial consultants whose strategies are premised on pseudoscience can lead to ineffective and biased jury selection.

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CONSIDER A TRIAL CHECKLIST

Plaintiff Trial Lawyer Tips

Opening statement, witness examination & summation Production & exhibits  Review all production materials and exhibits & index for access at trial • Medical records • Bills & economic claims • Photographs liability & damages • Medical illustrations • Discovery files  Prepare summaries  Decide how to use a trial. .

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Understanding Confirmation Bias in Legal Contexts: The Science Behind its Impact on Jury Selection and Litigation Understanding Confirmation Bias in Legal Contexts: 

Jury Analyst

In legal contexts, confirmation is particularly relevant as it can significantly influence jury selection and the overall fairness of the legal process. In this article we will lay the foundation for our deeper exploration of confirmation bias in jury selection and litigation , which will be covered in subsequent blog articles.

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Lawyers, Implicit Bias and Burnout: 5 Steps to Self-Discovery

Attorney at Work

Jury selection. If you are exhibiting the symptoms of stress, you may have implicit biases that are conflicting with your conscious desires. Client representation. Relationships. Your conscious mind can’t tell you. You can only discern the effects of these biases through behavior and physical and emotional symptoms.

Discovery 281
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If Your Attorney Makes This Argument During Closing Remarks at Your Trial, He Just Guaranteed the Other Side Will Immediately Appeal

Gerry Oginski's New York Legal Blog

During jury selection one of the doctors whom you sued gives in. He realizes he runs the risk a jury will find him responsible for your injuries. He decides he's better off to try and settle with you instead of waiting for a jury to decide this case. All the exhibits have been introduced as evidence.

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Understanding Jury Duty and Misconduct in the Legal Arena

Jury Analyst

Delving into trials tarnished by bias reveals a troubling vulnerability in the jury system. Prejudiced jurors might exhibit partiality towards a party based on race, gender, religion, or other intrinsic characteristics, thereby violating the principle of impartiality.

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Understanding the Impact of Personality Traits on Jury Deliberation Using Jury Analysis to Leverage Psychographic Information

Jury Analyst

To determine whether a juror may exhibit bias or make irrational decisions, it’s essential to have a comprehensive understanding of the context in which they will make their decision and the stable and enduring characteristics they bring to that setting. Jury decision making: 45 years of empirical research on deliberating groups.