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The Power of Confirmation Bias: Uncovering its Influence on Trials

Jury Analyst

Confirmation bias permeates the litigation process, affecting various stages from trial preparation to jury deliberation. Therefore, it is crucial to be mindful of its influence on all individuals involved in a trial, including legal professionals, trial consultants, and the jury themselves.

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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.