A Nose for Moral Behavior: How smell can directly affect thoughts and behaviors

Will a plate of hot steaming cinnamon buns promote greater cooperation? How about the smell of coffee increasing moral behaviors? Can the odor of citrus Windex actually increase connectedness between strangers? Surprisingly the answer to all of these questions is yes! New research is now defining and proving that smell, the forgotten and least understood human sense, directly influences our perceptions, thoughts, and subsequent behaviors towards others.

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Jury Note-Taking and Access to Trial Transcripts During Jury Deliberation; a mixed bag of results. Part 1

A 2001 study conducted by Irwin Horowitz and Lyn FosterLee published in the journal of Law and Human Behavior explored the effects of note-taking and the availability of trial transcripts during jury deliberations. The results from this study yielded some counter intuitive findings. Part 1 of this two part journal article explores in more detail the literature behind reported effects of using trial notes and trial transcripts in jury deliberations. The foundation is set for the discussion of how to use the peripheral cue trial technique to bolster jury awards.

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The Influence of ‘Off-Stage’ Observations on Jury Deliberation: What are the quantifiable effects of the jury watching the plaintiff and defense tables?

Research from the Journal of Law and Human Behavior reports that ‘off-stage’ observations, defined as the jury watching attorneys, clients, judges, and support staff, have little to no effect on jury verdicts. An even more interesting finding from the research is the “spin and theatrics” bias that equally affects the plaintiff and defense…

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Identifying and Handling the Narcissistic Witness

According to current research in psychology narcissism is on the rise. The increase in narcissistic traits has serious ramifications for how we handle voir dire, depositions, and witnesses at trial. The very nature of narcissism will alter and even negate current effective trial strategies and techniques. Appealing to feelings and having the jury live the story your client are mute to narcissism. 

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Change Blindness A Scary Truth

A recent research study indicated that 83% of Radiologists failed to notice ​a glaring anomaly on a radiological scan. This study was exploring the psychological concept of change blindness. Litigare has outlined some of the trial techniques that  change blindness affords the trial lawyer.

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Implicit Bias

Implicit bias has a very direct and present role in how we interact and perceive others. The ramifications for settlement and trail are immense because the research shows that all of us (judge, jury, opposing counsel, and experts) carry social and racial biases for which we are not aware. Most importantly IB heavily and actively guides our feelings, thoughts, behaviors and decisions.

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PTSD, the Permanent Life Altering Injury

This article will cover PTSD symptomology, the effects it has on the human brain, and the subsequent social and emotional functioning issues that arise from a diagnosis of Chronic Post Traumatic Stress Disorder. We have listed a few current research studies and articles that have been effective for trial and settlement.  

The information and tips that we offer in this Litigare Journal article are courtroom and settlement proven strategies for the plaintiff and the defense.

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A Research Based Take on Resistance

We are always seeking new, inventive, psychological and biological ways to circumvent or end resistance to our arguments and have the jury see our truth. Some very interesting research articles have been written on resistance to persuasion...

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The Rule of 3

We have received many questions about the rule of three, especially the reasons why we use three instead of two and four. Our answer is...

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Reducing Uncertainty for the Jury

As valuable as communication is, it is an imperfect tool for conveying our ideas, thoughts, and feelings. A variety of scientific fields have explored this question and developed a sundry of theories on the subject...

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