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Confirmation Bias: The Science Behind its Impact on Jury Selection and Litigation

Jury Analyst

If a trial lawyer goes into oral voir dire with an intuitive, rather than scientific, approach to jury selection, they will approach potential jurors with a predetermined set of expectations. In one study [2], attorneys were given juror profiles and asked to create an oral voir dire strategy based on those profiles.

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

Jury Analyst

This means trial attorneys also feel that they can develop their own anecdotal and intuition-based strategies for oral voir dire, strategies that research has also found to be ineffective (as discussed in more detail in article 2 of our confirmation bias series). The results can also inform oral voir dire strategies.

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

Jury Analyst

This means trial attorneys also feel that they can develop their own anecdotal and intuition-based strategies for oral voir dire, strategies that research has also found to be ineffective (as discussed in more detail in article 2 of our confirmation bias series). The results can also inform oral voir dire strategies.

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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

It seems it does not matter whether viewing things through the lens of your preconceptions leads to positive or negative outcomes for yourself, in either case people exhibit belief perseverance , clinging to their initial beliefs even after they have been discredited. Hypothesis testing in attorney-conducted voir dire.

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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

It seems it does not matter whether viewing things through the lens of your preconceptions leads to positive or negative outcomes for yourself, in either case people exhibit belief perseverance , clinging to their initial beliefs even after they have been discredited. Hypothesis testing in attorney-conducted voir dire.

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Understanding Jury Duty and Misconduct in the Legal Arena

Jury Analyst

Prejudiced jurors might exhibit partiality towards a party based on race, gender, religion, or other intrinsic characteristics, thereby violating the principle of impartiality. Voir dire, the jury selection process allows judges to assess potential jurors for biases and dismiss those whose impartiality may be compromised.

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Understanding Jury Duty and Misconduct in the Legal Arena

Jury Analyst

Prejudiced jurors might exhibit partiality towards a party based on race, gender, religion, or other intrinsic characteristics, thereby violating the principle of impartiality. Voir dire, the jury selection process allows judges to assess potential jurors for biases and dismiss those whose impartiality may be compromised.