how juries view attorney gender

Is there racial and gender bias in juries?

Oct 17, 2015 · The more a juror views herself (or even himself) as similar to the female attorney, the more positively the juror will perceive the attorney. In the same vein, psychologists have discussed the similarity-leniency bias, which is the tendency for people to prefer others who they believe are similar to themselves.

Can we determine the actual rationale behind a jury's decision?

May 30, 2011 · I also believe that attorney race and gender are unlikely to produce consistent direct effects on jurors’ verdicts within a particular type of case, even where attorney race and/or gender might often have influential effects (e.g., sexual assault cases). Cases differ in evidentiary strength, attorneys have different skill and presentation styles, defendants are differentially …

Is it possible to lead a fair trial without a jury?

May 14, 2021 · One-third of the cases confirmed gender bias. The researcher clarified this through her research revealing that men were often excluded from jury duty the most in criminal trials. Shockingly, the judge allowed four cases even when the attorney admitted there was gender discrimination involved in their decision to dismiss certain jurors.

Do juror privacy laws affect the idea of an open discussion?

Are the majority of lawyers male or female?

womenIn 2020, 37.4 percent of lawyers in the United States were women. As of May 2020, the state with the highest employment in that occupation was California – followed by New York and Florida.Jan 11, 2022

What is the relationship between a lawyer and the jury?

Lawyers and judges select juries by a process known as "voir dire," which is Latin for "to speak the truth." In voir dire, the judge and attorneys for both sides ask potential jurors questions to determine if they are competent and suitable to serve in the case.

Are juries more likely to acquit?

They also found that juries are roughly four times more likely to acquit a defendant that a judge would have convicted when the judge categorizes the defendant as "sympathetic" rather than "unattractive.” The beneficiaries of jury sympathy were most often females, whites, juveniles, and the elderly.

What is the difference between lawyer and jury?

As nouns the difference between lawyer and jury is that lawyer is a professional person qualified (as by a law degree and/or bar exam) and authorized to practice law, ie conduct lawsuits and/or give legal advice while jury is jury.

How are members of juries chosen for criminal trials quizlet?

Juries are chosen in a process that combines random selection with deliberate choice. Jury selection occurs in three stages; compiling a master list, summoning the venire and, conducting voir dire.

What percent of juries are wrong?

The verdicts only matched in 77 percent of cases. The study assumed that judges are at least as likely as a jury to make a correct verdict, leading to the conclusion that juries are only correct 87 percent of the time or less.Jun 20, 2007

How reliable are juries?

juries almost always reach a verdict and convict two-thirds of the time. there are no courts where juries acquit more often than convict.Feb 17, 2010

How accurate is a jury?

From the observed agreement rates, the probability of a correct verdict by the jury is estimated at 87% for the NCSC cases and 89% for the Kalven-Zeisel cases. Those accuracy rates correspond to error rates of 1 in 8 and 1 in 9, respectively.

What is the psychology of expectation bias?

As a research psychologist, I am well versed in the ways in which expectation and presumption bias daily perceptions. These are basic aspects of human nature. And as a research psychologist who frequently interacts with legal professionals, I find it fascinating when someone suggests that this part of human nature doesn’t extend to the courtroom—that somehow these basic tendencies magically disappear when we enter a courtroom.

Who is Kathy Kellermann?

Kathy Kellermann, Ph.D. is President of ComCon Kathy Kellermann Communication Consulting, a trial and jury consulting firm based in Los Angeles, California. ComCon works on civil and criminal cases in both federal and state courts, and supports the free Online Jury Research Update blawg.

What is Alexis Robinson's research program?

Alexis Robinson has proposed an ambitious research program to measure the effects of attorney race and gender on criminal trial outcomes. It’s an interesting and important research question and I look forward to reading about her findings.

Do jurors follow the evidence?

One of the most enduring takeaways for me from mock trial research and post-verdict interviews of jurors is that jurors follow the evidence. While interest is high in biases related to race and gender of attorneys, defendants, jurors, judges and witnesses, if the evidence is strong, jurors overwhelmingly follow the evidence regardless of these “extralegal” factors.

Do juror demographics have limited influence on verdicts?

Just as juror demographics have limited influence on verdicts in comparison to the evidence in actual trials , attorney characteristics may also ultimately be found to have limited influence in relation to the evidence.

Do jurors take their cues from the judge?

In jury trials, jurors take their cues from the judge, and judges are not without bias. In post-trial interviews, hardly ever do I encounter a juror who dislikes the judge or thinks a judge was biased (even when both parties agree that the judge evidenced biases). Jurors tend to be attentive to a judge’s nonverbal behavior (Burnett & Badzinski, 2005) and return verdicts in accord with a judge’s leaning in a case, which research finds they are able to glean from something as mundane as how a judge reads standard jury instructions (Blanck et al., 1985; Hart, 1995).

What is pretrial disposition rate?

Pretrial disposition rates are about the same before and after the 1991 Act. [58] About 30% of employment discrimination plaintiffs have their cases terminated under either a motion to dismiss or motion for summary judgment. [59] These pretrial adjudication rates are quite similar to the rates for other types of cases. [60]

What law was passed in 1991 to protect employees from discrimination?

The previous year, Congress recognized disability as a protected status in the workplace with the passage of the Americans with Disabilities Act (“ADA”), [47] which also certainly contributed to the increase in employment discrimination filings. In addition, the Family and Medical Leave Act of 1993 (“FMLA”) forbade for the first time discrimination against employees using protected family and medical leave. [48]

What was the Civil Rights Act of 1991?

The Civil Rights Act of 1991 [1] (“Act” or “1991 Act”) was thought to be a victory for employment discrimination plaintiffs— a “dramatic” expansion of their rights. [2] Twenty years later, however, we are told that the news for employment discrimination plaintiffs has gone “from bad to worse.” [3] Employment discrimination plaintiffs should expect defendants to win their pretrial motions. [4] Even if plaintiffs survive pretrial practice, they will likely lose at trial. [5] Other than settlement, the chances of any plaintiff recovery are quite thin. [6] Employment discrimination plaintiffs, or perhaps their lawyers, seem to have gotten the message. Employment discrimination suits are declining—even while Equal Employment Opportunity Commission (“EEOC”) filings are increasing. [7] Federal litigation is becoming less and less relevant to redressing employment discrimination.

Do plaintiffs fare equally in employment discrimination suits?

[162] The few studies that disaggregate the data by type of claim and plaintiff, however, conclude that plaintiffs do not fare equally in their employment discrimination suits. [163]

Is the Civil Rights Act of 1991 bad for employment discrimination?

The news is not all bad for employment discrimination plaintiffs. Since the passage of the Civil Rights Act of 1991, plaintiff outcomes in trials are up. Juries resolve more employment discrimination claims than before, and plaintiffs continue to do best when a jury decides the facts.

Introduction

• What can be done? What traits should a woman attorney convey to decrease existing gender bias and increase juror confidence in her? While exuding confidence is an essential trait for females to convey, for jurors there is a fine line between assertive, commanding confidence and aggressiv…

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I. The Attempt at Change

II. Jury Outcome Study

• The Civil Rights Act of 1991 (“Act” or “1991 Act”) was thought to be a victory for employment discrimination plaintiffs—a “dramatic” expansion of their rights. Twenty years later, however, we are told that the news for employment discrimination plaintiffs has gone “from bad to worse.” Employment discrimination plaintiffs should expect defendants to win their pretrial motions. Ev…

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III. Inequality and Juries

Conclusion

Appendix