I [Grant] discovered recently that Dirty Rotten Scoundrels, the hilarious movie about two con-men competing to swindle a rich heiress, was released on December 14th, 31 years ago. You may recall the premise of the movie: A dashing and debonair swindler, played by Michael Caine, gets into a winner-takes-all swindling battle for an heiress’s money
In honor of national Adopt-A-Dog and Adopt-a-Shelter-Dog month, we will look at an interesting study on drug-dog evidence and mock-juror decision making, examining whether jurors would credit the alert of a drug-sniffing dog as a *sufficient condition* for guilt in a trafficking case. The researchers in this study tested how much credit mock jurors would
After 300+ exonerations, and the attraction to forensics engendered by television series, one might think that the recovery of DNA at a crime scene – DNA that does *not* match the defendant – would quickly lead to acquittal. The contrary has occurred, however, particularly where a ‘good story’ to ‘explain’ the foreign DNA is told.
I [Grant] have been teaching again in my Advanced Trial Advocacy class on Patsy Rodenburg’s book, The Second Circle, and decided this month that I would dovetail a bit with Jules’s excellent post last month on how the voice persuades.[1] While this month’s post isn’t necessarily about new research, my hope is that you find
Too often, the mindset in negotiating is completely adversarial – we are good, they are bad; we are right, they are wrong; we are just and they are unjust; and, perhaps most perniciously, we are reasonable and they are not and will not be so. Even Ronald Reagan didn’t posture in this way – his
Consider an argument you made to your jury just before they deliberate and hand you your hard-fought victory. Did you persuade them or did you convince them? Perhaps you just dissuaded them from finding for the other side. However, if you dissuaded them, why can’t you also say that you dis-convinced them? Or disvinced them?
We have all seen it. We have all seen the lawyer or the student so involved with her notes or his script that they seem to have uncoupled from the courtroom itself. I take that moment to study the faces of the jury. What are they doing while the scribe at the podium has a
It may be silly but bears repeating – experts are people too, subject to a variety of influences that may distort their thinking, approach and conclusions without realizing this is occurring. This understanding of expert non-neutrality is nothing new – the 2009 report STRENGTHENING FORENSIC SCIENCE – A PATH FORWARD emphasized this. Some initial and
We are in a new world, aren’t we? I am starting to get this strange feeling that the vocational “me” is really just a hologram—merely an image of me that others interact with. I see him too. He’s there in the lower corner of my screen, and he can’t even make eye contact with me!
Given that the Rules of Evidence were developed without regard to, or prior to the development of, principles of cognitive science, one might expect courts to use scientific research to mediate those rules and, especially, to inform the exercise of discretion. But as two divergent lines of cases show, although each involves how a visual