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Juror Testimony

Holland & Hart - Your Trial Message

The Kamala Harris Challenge: Establish (or Reestablish) Your Credibility: Five Lessons

I have long believed that persuaders of all stripes, including courtroom persuaders, can learn a lot of lessons from political communication. The dialogue over the leadership and direction of the country can be a gold mine:...more

Holland & Hart - Your Trial Message

Witnesses, Know What You Don’t Know: Six Principles for Your “I Don’t Recall” Answer

Michael Cohen, the “Fixer” for Donald Trump, has recently gotten off the stand in the former President’s “hush money” trial. Those taking aim at Cohen’s testimony have pointed out frequent use of “I don’t recall” on many of...more

Kilpatrick

A Peek Behind The Curtain: A Litigator’s Experience Serving On A Jury

Kilpatrick on

As a litigator, my first legal position was as a Navy JAG, handling cases first as a defense attorney, then as a prosecutor. Since leaving from the Navy, my practice has focused on patent litigation. But I’ve never had an...more

Holland & Hart - Your Trial Message

Wake Them Up: 9 Ways to Make Testimony More Engaging for Jurors

During a recent mock trial, there was one juror seated in the front, gamely struggling to keep her attention on the case. Before too long, however, we saw drooping eyelids, followed by some pretty loud snoring. Admittedly,...more

Holland & Hart - Your Trial Message

Play Recorded Testimony Without Creating Courtroom Naptime

If you remember even a few images from kindergarten, you probably remember the time when your teachers would lay out the mats — that was the cue that it is naptime. One might say that the similar cue in a courtroom is when...more

Holland & Hart - Your Trial Message

Countering the Bad Expert: Don’t Expect Jurors to Deliberate Past the BS on Their Own

In my opinion, it is one of the most interesting and important areas of social science at the moment. And if it’s not that, then it’s certainly the sassiest. A group of researchers has been focused on our susceptibility and...more

Holland & Hart - Your Trial Message

Expect a Complex Response to Emotional Testimony

Kyle Rittenhouse, the then-minor charged with killing two and wounding a third at a protest in Kenosha Wisconsin in the Summer of 2020, took the stand in his own defense at his trial yesterday. The case is a kind of litmus...more

Cozen O'Connor

Psychology In the Courtroom - Is Social Science "Common Sense" or a Tool to Correct Juror Misconceptions?

Cozen O'Connor on

The Pennsylvania Supreme Court recently issued two decisions regarding the use of social science experts in criminal cases. As noted by University of Pittsburgh law professor David Harris, however, the opinions appear to...more

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