tag:blogger.com,1999:blog-36117923.comments2024-01-10T13:09:56.701-05:00The Jury Box BlogEdward P. Schwartzhttp://www.blogger.com/profile/07608025606172215048noreply@blogger.comBlogger42125tag:blogger.com,1999:blog-36117923.post-42365922120857384002014-09-23T08:57:32.906-04:002014-09-23T08:57:32.906-04:00Hi there...Duncan McNab here -Australian author in...Hi there...Duncan McNab here -Australian author in the UK and researching this case -I agree totally with your view - the chance of a fair trial was always going to be a problem for a variety of reasons. The comments by some jurors after the case simply reinforce the accuracy of your views.<br />Best<br />DuncanAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-36117923.post-42279672375632170202013-05-02T07:35:55.990-04:002013-05-02T07:35:55.990-04:00The comparative disparity test is capable of calcu...The comparative disparity test is capable of calculating equivalently underrepresentation in both heavily minority counties and those with relatively few minorities.<br />Anonymoushttps://www.blogger.com/profile/12092420044344625343noreply@blogger.comtag:blogger.com,1999:blog-36117923.post-26217326892457908412013-04-27T14:13:54.442-04:002013-04-27T14:13:54.442-04:00The trial should be moved out of Massachusetts.
B...The trial should be moved out of Massachusetts.<br /><br />Bulger will probably still get convicted, but at least, there wouldn't be so much bias among jurors.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-36117923.post-49797125689057255732012-11-12T15:22:26.896-05:002012-11-12T15:22:26.896-05:00Well, Samsung still has a glimmer of hope. The jud...Well, Samsung still has a glimmer of hope. The judge has ordered an evidentiary hearing about whether the jury foreman committed misconduct either with respect to voir dire or deliberations. I think it's a long shot.<br /><br />http://www.pcworld.com/article/2013789/apple-samsung-judge-considers-possible-juror-misconduct.htmlEdward P. Schwartzhttps://www.blogger.com/profile/07608025606172215048noreply@blogger.comtag:blogger.com,1999:blog-36117923.post-46742595172308365002012-09-17T10:05:55.552-04:002012-09-17T10:05:55.552-04:00Great post. I was just chosen to be on a jury last...Great post. I was just chosen to be on a jury last month. There really is a lot of time spent sitting around. They made is very clear to us not to talk about the case on the computer or to anyone until the trial was over. I can't wait until the next time I get jury duty. Hopefully it will be more of an exciting case. This case was about a car accident and the most exciting part was when they brought the <a href="http://www.njlawnurse.com/about.php/" rel="nofollow">nurse expert witness</a> to the stand. The case was settled in 2 days which made me sad because I really wanted to do the deliberation process. Hopefully next time! Thanks for sharing.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-36117923.post-71302307096988293932012-08-16T13:06:33.556-04:002012-08-16T13:06:33.556-04:00There is no doubt the job of the jury is extremely...There is no doubt the job of the jury is extremely crucial in any trial. The one in this post is an extreme case, but also one that makes an excellent example of why jurors act as the ones to prove whether or not they should be sentenced while the judge decides on the sentencing. Therefore, being part of a <a href="http://www.mock-jury.net/" rel="nofollow">jury</a> comes with a lot of responsibility.James Evans, Mock-jury.nethttp://www.mock-jury.net/noreply@blogger.comtag:blogger.com,1999:blog-36117923.post-91519092504278319652012-05-09T15:28:20.388-04:002012-05-09T15:28:20.388-04:00Hey there if anybody reading is interested in gett...Hey there if anybody reading is interested in getting more practical info on TMT out of the mouth of Sheldon Solomon, we're holding two webinars by him:<br /><br />The first is called “Creating Meaning: on the Role of Death in Life” <br />May 22 ($35, ya I know that sucks) <br />https://www1.gotomeeting.com/island/webinar/registration.tmpl?id=136576489<br /><br />But the second is FREE and called “Self-Esteem: The Belief that One is a Valuable Contributor to a Meaningful Universe” on June 12.<br />https://www1.gotomeeting.com/island/webinar/registration.tmpl?id=667188192<br /><br />(I'm an intern with the Glendon Association spreadin the word -- sorry if this is considered spam!)Unknownhttps://www.blogger.com/profile/01333140142795544296noreply@blogger.comtag:blogger.com,1999:blog-36117923.post-80966574893936290122012-04-15T21:04:26.034-04:002012-04-15T21:04:26.034-04:00Interesting. Also of note, recently in East Texas...Interesting. Also of note, recently in East Texas when McKool was dealt a pretty crushing defeat and the Eolas patents were invalidated-- a Tea Party member was on the jury- may have acutally been the foreperson. There was a lot going on in that case, but it has patent holders rightly concerned about what to expect from a self described "Tea Partier"Tara Traskhttp://www.taratrask.comnoreply@blogger.comtag:blogger.com,1999:blog-36117923.post-8143236210149638932012-04-13T17:14:51.942-04:002012-04-13T17:14:51.942-04:00I found this posted as a comment to a piece on jur...I found this posted as a comment to a piece on jury nullification on a Conservative Christian blog site. Make of it what you will:<br /><br />"One way to educate people is through the Tea party and 912 groupd. I am with the OKforTEA.COM tea party and I teach a class on jury nullification once per month. it is well attended and it is very rewarding to see the eyes light up when people know that they are really the masters. Start a class at your local tea party or 912 or any other group you may be in. I will gladly send you my power point presentation if you are interested in doing this yourslef. email me at [email address omitted]."Edward P. Schwartzhttps://www.blogger.com/profile/07608025606172215048noreply@blogger.comtag:blogger.com,1999:blog-36117923.post-9866199532107352072012-04-12T15:00:14.140-04:002012-04-12T15:00:14.140-04:00Mehanna was sentenced to 17.5 years in prison.
ht...Mehanna was sentenced to 17.5 years in prison.<br /><br />http://b.globe.com/HAxL47Edward P. Schwartzhttps://www.blogger.com/profile/07608025606172215048noreply@blogger.comtag:blogger.com,1999:blog-36117923.post-30566985889092066592012-04-12T09:54:45.578-04:002012-04-12T09:54:45.578-04:00Interesting perspective you have there...Interesting perspective you have there...Legalese77https://www.blogger.com/profile/03158716825600966589noreply@blogger.comtag:blogger.com,1999:blog-36117923.post-35755592560772180772012-04-12T09:11:03.382-04:002012-04-12T09:11:03.382-04:00For those who want to learn more about the politic...For those who want to learn more about the political and social attitudes of Tea Party supporters, I would recommend this excellent summary of survey results from the Pew Research Center.<br /><br />http://pewresearch.org/pubs/1903/tea-party-movement-religion-social-issues-conservative-christianEdward P. Schwartzhttps://www.blogger.com/profile/07608025606172215048noreply@blogger.comtag:blogger.com,1999:blog-36117923.post-21827029195788647522012-01-17T09:56:08.988-05:002012-01-17T09:56:08.988-05:00Thank you for the small glimpse into what the juro...Thank you for the small glimpse into what the jurors might have been thinking about this case. I would most certainly welcome the opportunity to talk with you about your experience as a juror in this case. I would, of course, protect your identity if you wish to remain anonymous. Please email me at schwartz@eps-consulting.com if you are willing to give a short interview. Thanks!<br /><br />-EdwardEdward P. Schwartzhttps://www.blogger.com/profile/07608025606172215048noreply@blogger.comtag:blogger.com,1999:blog-36117923.post-84318906895920037982012-01-16T00:03:38.576-05:002012-01-16T00:03:38.576-05:00You hit the nail on the head! A young man does no...You hit the nail on the head! A young man does not leave to find a school in Yemen telling no one..... if his plan was to seek education would he not at least tell his parents. His friend left a video message to his family saying goodbye. There is no doubt in my mind what this young man was up to<br /><br />one of the juryAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-36117923.post-14391123909148462732011-12-13T09:40:27.894-05:002011-12-13T09:40:27.894-05:00Land of the Free? Isn't that right?
But you a...Land of the Free? Isn't that right?<br /><br />But you also ask the question: Are you OK? And get a middllng result.<br /><br />And is speech wromg - if it inciotes it is!jason @ personal injury lawyerhttp://www.jonesgough.comnoreply@blogger.comtag:blogger.com,1999:blog-36117923.post-5221407127409199972011-12-13T08:07:41.803-05:002011-12-13T08:07:41.803-05:00certainly the defense can and probably will. inde...certainly the defense can and probably will. indeed they are both consistent if u look to the connection of the deeds that are claimed as rights ie freedom of speech. the defense will say that indeed this man stands by the protections of the bill of rights--first to speech his thoughts and express positions and to excercise the right that the same govt that prosecutes cannot now take another right...the right to say nothing because that too is his right so protected. indeed the joint claim builds the connection of each to the other and state of mind......to exercise protected rights cherished by the founders....<br />whether indeed the D did enter or propose deeds of destruction i cannot say because i not seen the transcripts...but as to the question in a vacuum both rights are connected and the use of one enforces the other. consistent.JORDAN LEWIS RINGhttps://www.blogger.com/profile/08905006447711647314noreply@blogger.comtag:blogger.com,1999:blog-36117923.post-54509370759232355482011-11-01T07:34:49.598-04:002011-11-01T07:34:49.598-04:00I think your question: "When is Free Speech T...I think your question: "When is Free Speech Too Costly?" is the central one here, and I would be interested in more posts about past trials where this question has been addressed well, or not well.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-36117923.post-45864551044809384202011-10-23T20:45:20.506-04:002011-10-23T20:45:20.506-04:00I was interviewed earlier this evening by Paul Bur...I was interviewed earlier this evening by Paul Burton of WBZ-TV (our local CBS affiliate) and Doug Cope of WBZ Radio (1030 AM) about jury selection in the Tarek Mehanna trial, which begins tomorrow morning. It should be on the 11 pm news tonight and on regular rotation on the radio tomorrow. It will also be uploaded to their website http://boston.cbslocal.com/ tomorrow.Edward P. Schwartzhttps://www.blogger.com/profile/07608025606172215048noreply@blogger.comtag:blogger.com,1999:blog-36117923.post-21083450869545128502011-09-19T09:19:59.553-04:002011-09-19T09:19:59.553-04:00First, I would like to once again thank the folks ...First, I would like to once again thank the folks at SALMS at Harvard Law School for the invitation to speak to their group. <br /><br />For those of you who are interested in the topic, but were unable to attend, we are trying to get the recorded audio synced with my slides so that we can post the talk in a useful way. We are putting it in the capable hands of the Harvard Law School A/V team and I'll post an update when it goes live.<br /><br />I got several really good questions after my talk that I think are worth sharing here.<br /><br />1) Is it possible that, after 10 years of war and terrorism coverage, we are experiencing "terror fatigue" which would blunt the "mortality salience effect"?<br /><br />2) I had listed several strategies that the defense team in the Tarek Mehanna trial might employ to reduce the consequences of mortality salience on the jury. I then pointed out, rather off-handedly, that the prosecutor, of course, would do everything she could to "scare the bejeezus" out of the jury. One student asked whether I thought that doing so would constitute unethical behavior on the part of the prosecutor.<br /><br />3) Finally, Professor Hanson asked whether Terror Management Theory in some way ran contrary to his observation that people actually had an appetite for witnessing horrific things and for subjecting themselves to thrill rides and scary movies. In short, if people watch car races for the crashes, do we really think they fear reminders of their own mortality?<br /><br />These are all really worth thinking about. I plan to devote an upcoming blog post to addressing all three. So, stay tuned. In the meanwhile, feel free to submit your own thoughts and observations here.Edward P. Schwartzhttps://www.blogger.com/profile/07608025606172215048noreply@blogger.comtag:blogger.com,1999:blog-36117923.post-34051253040477497882011-09-06T17:12:09.392-04:002011-09-06T17:12:09.392-04:00For those who might have missed it, Judge Walton c...For those who might have missed it, Judge Walton concluded that while the prosecutors might have been "intentionally careless," it was not for the purpose of inciting the defense to move for a mistrial. Judge Walton (rightly, I think) reasoned that it was not actually in the interest of the prosecution to delay the trial any longer. As such, he denied defense motion for a dismissal. The retrial has been postponed, however, due to a conflict in Rusty Hardin's schedule. It most certainly won't hit a courtroom until 2012. http://www.nytimes.com/2011/09/03/sports/baseball/judge-rules-roger-clemens-will-face-new-trial.htmlEdward P. Schwartzhttps://www.blogger.com/profile/07608025606172215048noreply@blogger.comtag:blogger.com,1999:blog-36117923.post-28375400785027704162011-07-20T08:37:08.278-04:002011-07-20T08:37:08.278-04:00There is a real scholarly journal regarding baseba...There is a real scholarly journal regarding baseball, called The National Pastime. My friend, Dave King, once published an article there with one of my favorite titles, "Notes on the Uniform Distribution." It is about how often teams changed their uniforms over time. It largely dispels the myth that teams change their uniforms more often now, so as to cash in on merchandise sales. You can find the article at: http://www.hks.harvard.edu/fs/dking/uniforms.pdfEdward P. Schwartzhttps://www.blogger.com/profile/07608025606172215048noreply@blogger.comtag:blogger.com,1999:blog-36117923.post-15383576669637324282011-07-19T17:58:36.998-04:002011-07-19T17:58:36.998-04:00Great piece. Interesting how baseball can be rela...Great piece. Interesting how baseball can be related to the law. Reminded me of an article one of my law professors wrote. A Statutory Analysis of the "Laws" of Little League Baseball, 9 Marq. Sports L.J. 103 (1998), by J. Versteeg of New England Law | Boston.Phil A. Taylorhttp://taylorlaw.biznoreply@blogger.comtag:blogger.com,1999:blog-36117923.post-2137386498000671082011-07-19T13:30:56.316-04:002011-07-19T13:30:56.316-04:00Most excellent post... hope others appreciate this...Most excellent post... hope others appreciate this excellent analogy!AlyssaGoodmanhttps://www.blogger.com/profile/13319488964632180616noreply@blogger.comtag:blogger.com,1999:blog-36117923.post-7907039836403472011-07-18T11:03:39.416-04:002011-07-18T11:03:39.416-04:00Brilliant piece, Edward. The world is a baseball g...Brilliant piece, Edward. The world is a baseball game.John G. McCabehttp://www.fivefiftyfiveconsulting.comnoreply@blogger.comtag:blogger.com,1999:blog-36117923.post-19888199733811638972011-06-25T08:30:55.900-04:002011-06-25T08:30:55.900-04:00WBZ also put up on its website a short article bas...WBZ also put up on its website a short article based on the interview. WBZ TV4 anchors made reference to it in Friday night's 11 pm newscast. That story can be found at http://cbsloc.al/ihn3tG.Edward P. Schwartzhttps://www.blogger.com/profile/07608025606172215048noreply@blogger.com