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  • IDG News asked experts on the legal system, patent litigation and the smartphone market what they made of the Apple v. Samsung case as the jury begins deliberations. Read what our expert, Roy Futterman, had to say here.

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  • It is easy to over-think jury selection, especially when one listens to the plethora of theories and techniques of people who think way too much about it, like, say, the writers of this blog.

    To remedy this, here is a simple guide to how to pick your favorable jury by focusing on the most basic element: Exposing unfavorable jurors.

    1. Primary Task: Expose Jurors Who Would Likely Favor the Opposing Side Despite the one-time opportunity that jury selection...

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  • With regard to testifying in criminal cases, research suggests that defendants are “damned if they do, damned if they don’t.”  When defendants choose not to testify, judges often instruct juries not to conclude anything (e.g., guilt) from their choice not to testify.  Studies have shown, however, that limiting instructions actually have a boomerang effect in which they make more salient a defendant’s lack of testimony (Antonio & Arone, 2005; Jones & Harrison, 2009).  Thus the choice not to testify, despite judicial instructions, influences how jurors perceive defendants.

    ...

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  • Judge Shira A. Scheindlin (US v. Viktor Bout, 2011) turned to jurors’ pledges to stop jurors from researching cases online. Her hope was that having jurors sign pledges promising not to research a case online (or elsewhere) would make their oaths more salient and stop jurors from conducting online research. It probably did not hurt that those who signed the pledge faced perjury charges if they did not honor it.

    No one knows whether a written pledge will keep jurors more faithful than an oral one....

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