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What should be the purpose of voir dire?

Posted on Wednesday, April 15th, 2020 at 6:02 pm    

The Constitution protects our right to an impartial jury.  But actually producing an impartial jury from among our peers can be challenging, especially given how attorneys and judges are trained. We often think that the purpose of voir dire is simply to identify biases. But this isn’t altogether true. We all operate from the perspective […]

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Civil jury and its place in the American legal system

Posted on Friday, April 3rd, 2020 at 1:15 pm    

America’s legal system is not perfect.  But if we’re being honest, what system is?  Moreover, even if there existed a perfect system, imperfect men and women would be responsible for its discharge. This would all but guarantee its inevitable demise in the absence of the most stringently enforced checks and balances.  In The Federalist No. […]

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Arguments: Virtue or Vice?

Posted on Saturday, March 28th, 2020 at 12:59 am    

Ironically, the question, “Is arguing a virtue or a vice?” can only be answered by arguing whether or not arguments are a virtue or a vice. So it seems clear, at least initially, arguing must be a virtue, assuming of course it’s done in a principled way. Besides, how else can the truth be discovered? […]

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Self-defeating arguments

Posted on Friday, March 20th, 2020 at 8:27 pm    

Many individuals take up positions that are self-defeating.  For lawyers, identifying self-defeating arguments can be advantageous in quickly and effectively resolving a case. To illustrate, how often have we heard the argument “there is no truth?”  Many, in fact, have adopted this viewpoint despite its inherent contradiction.  Take for example a recent conversation I had […]

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How the Brain Works and Why You Should Care

Posted on Monday, March 10th, 2014 at 8:53 pm    

Clarity Jury Consulting can enhance and make a significant impact on a lawyer’s effectiveness when communicating with jurors. The use of psychological methods can inspire and influence a juror’s behavior and thought process. An attorney can be one step ahead of opposing counsel by understanding the process of the human brain; persuasion is an extremely […]

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