DOAR’s Ellen Brickman, Ph.D. discusses the challenges faced by litigators during jury selection in White Collar Criminal matters and offers insightful strategies to help during jury selection in this New York Law Journal article.

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Defending White Collar Criminal Cases

Defending an allegation of white collar crime is replete with challenges.  Some arise from the evidence: for example, badly timed calls and trades in insider trading cases, emails that are suggestive of wrongdoing when taken out of context, and accounting practices that seem suspicious to those unfamiliar with the vagaries of GAAP rules.

And then, there are the jurors: a dozen or so people who bring to the case their own life experiences and too often, their own assumptions about corporate executives, those who...

I had the privilege recently of being on the faculty of the 30th Annual National Institute on White Collar Crime in San Diego.  I was on a panel, along with three prominent female attorneys, titled “Women in the Courtroom: A View from the Jury Box.”   It was particularly exciting to be able to present the results of original research conducted by DOAR on how mock jurors perceive male and female attorneys.

Our mock juror survey involved two components: First, 880 survey respondents read a brief overview of a white...

Amidst growing concern about jurors doing online research about cases on which they serve, judges and judicial groups have sought new ways to deter this behavior.  They have expanded jury instructions on the issue, elicited signed pledges from jurors, and threatened or even imposed sanctions for violators.

Two recent efforts are noteworthy, one fairly traditional and the other quite creative.  On the traditional side, a Judicial Conference Committee updated the