Learn how biases shape juror perceptions that may result in leaning toward one party over the other and ways to overcome juror reluctance to identify and admit bias.
Bias - the term carries a strongly negative connotation, yet we all have them. Think of them as inclinations, assumptions, general beliefs, and results from a lifetime of experiences. Jurors who are assembled in a room full of strangers, attorneys, and authority in the form of the judge, feel that bias is bad. They often don't want to admit that they have biases - beliefs and life experiences that will direct their attention, provide them with specific insight, and lead them to draw conclusions that are shaped by something other than the evidence. Oftentimes, jurors don't even recognize their biases and/or appreciate just how much their own biases may impact their jury service. Additionally, jurors are reluctant to admit biases even when they are aware of them. This material will focus on explaining juror research, which helps us identify juror bias. Learn about situational variables and contribute to bias in the jury. Discuss how the use of social media may inform your jury selection decisions by allowing you additional insight into a juror. This is a practical talk that will stress pointers that should make your life easier during voir dire and jury selection.
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Agenda
Fundamentals of Jury Research
- Different Types of Research That Have Informed Our Findings
- Surveys, Including Online and PhoneBased Research
- Mock Trials and Focus Groups
- Shadow Juries and PostVerdict Interviews
Nuclear Verdicts
- Trial and Situational Variables That Can Lead to Juror Bias
- Large Verdicts Today and What May Underly Those Verdicts
Brief Overview of the Fundamentals of Juror Bias
- How Jurors Process Information
- Different Sources of Bias and the Strength of Those Biases
- We See What We Want to See and Hear What We Want to Hear
- How Juror Experiences and Bias Impact Perception of the Case
- How Juror Experiences and Bias Impact Deliberations
- Begin Thinking About How to Approach Evaluating Jurors
Juror Disclosure - What Are We up Against?
- Jurors Often Don't Disclose Information During Voir Dire
- Jurors Sometimes Are Motivated Not to Disclose but Sometimes Just Don't Want to Disclose Personal Information
Social Media and Background Searches Help to Offset What Jurors Don't Tell You
- How Can You Do It Effectively When Time Is Limited?
- Assembling Social Media and Background Information
- Communicating Across Team Members so as Not to Be Distract by the Information
- Making Sure You Have the Correct Juror
- Don't Get Caught up in the Minutia
Jury Selection - Tying It All Together
- Put All of the Information Together From Questionnaires (If You Used Them), Oral Voir Dire, and Social Media Searches
- Rating Jurors Based on Juror Responses and Social Media
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Credits
OnDemand Course
This course was last revised on October 11, 2023.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.5
- Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.5
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
- AR CLE 1.5
- This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.5
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.5 including Recognition & Elimination of Bias 1.5
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit, of which includes Recognition & Elimination of Bias for 1.50 hours.
- CO CLE 2.0 including Equity, Diversity and Inclusivity (EDI) 2
- This program has been approved by the Colorado Supreme Court Board of Continuing Legal and Judicial Education for 2.0 hours of CLE, including Equity, Diversity and Inclusivity (EDI) for 2.0 hours.
- CT CLE 1.5
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
- FL CLE 2.0 including Bias Elimination 2
- This course has been approved by The Florida Bar for a total of 2.0 hours of CLE credit. The course is approved for the following: Bias Elimination for 2.00 hours.
- GA CLE 1.5
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours.
- HI CLE 1.5
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
- IL CLE 1.5
- This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
- ME CLE 1.25
- This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.25 hours of CLE credit under M. Bar R. 5.
- MN CLE 1.5 including Elimination of Bias 1.5
- This program has been approved by the Minnesota Board of Continuing Legal Education for 1.5 hours of credit, including Elimination of Bias for 1.50 hours.
- MO CLE 1.8
- This course qualifies for self-study CLE credit in Missouri.
- MS CLE 1.5
- This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.5 credit hours.
- ND CLE 1.5
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
- NH MCLE 1.5
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
- NM CLE 1.5 including Equity in Justice 1.5
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hour(s) of credit, including Equity in Justice for 1.5 hours.
- NV CLE 1.5
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
- NY CLE 1.5 including Diversity, Inclusion and Elimination of Bias 1.5
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Diversity, Inclusion and Elimination of Bias for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for credit for established attorneys only. Lorman Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- OR CLE 1.5 including access to justice 1.5
- Approved for 1.5 CLE credits in Oregon, including access to justice for 1.50 hours.
- PA CLE 1.5
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.5
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
- SC CLE 1.5 including Ethics 1.5
- This program has been approved by the South Carolina Supreme Court Commission on CLE and Specialization for 1.5 hours of mandatory CLE credit, including 1.50 hour of ethics credit.
- VT CLE 1.5 including Diversity and Inclusion 1.5
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit including Diversity and Inclusion for 1.50 hours credit(s). Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.5
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
- WV MCLE 1.8 including Elimination of Bias 1.8
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours, including 1.8 hour(s) in the area of Elimination of Bias.
- NALA 1.5
- This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements.
Program Length: 1.5 hour(s).
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
David E. Cannon
Trial Innovations
David Cannon
- Cofounder of Trial Innovations, a national litigation/trial consulting firm
- Practice emphasizes all aspects of litigation consulting, from witness preparation to mock trials, focus groups, shadow juries, online mock trials, and jury selection in civil and criminal cases throughout the country
- Conducts regular seminars and workshops on numerous consulting topics, such as jury selection and witness preparation
- Author of several publications related to the areas of voir dire and jury selection
- Ph.D. in Clinical Psychology and Law from the University of Alabama
- Active member and former board member of the American Society of Trial Consultants (ASTC)
- Can be contacted at [email protected] or 310-927-5879
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