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

Jury Analyst

As much as we would like to believe that the immense responsibility of deciding someone’s legal fate would ensure that jurors remain objective and free of bias, this idealistic expectation conflicts with the psychological reality of decision-making. Once again, the drive to maintain your beliefs prevails.

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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

A juror tasked with objective deliberation and verdict issuance based on evidence presented in court embodies the foundational aspect of a fair trial. Engaging with media reports on the case can pollute a juror’s objectivity with speculative or non-evidentiary information.