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  • © 2011

Handbook of Trial Consulting

  • Provides an interdisciplinary perspective

  • Contributors are prominent legal scholars and social scientists

  • Covers often overlooked problems

  • Includes supplementary material: sn.pub/extras

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Table of contents (18 chapters)

  1. Front Matter

    Pages i-x
  2. Introduction: Trial Consulting from a Psycholegal Perspective

    • Richard L. Wiener, Brian H. Bornstein
    Pages 1-10
  3. Applied Research Methodologies for Trial Consultants

    1. Front Matter

      Pages 11-11
    2. Systematic Jury Selection

      • Caroline B. Crocker, Margaret Bull Kovera
      Pages 13-31
    3. “May It Please the Court…” A Social-Cognitive Primer on Persuasion in Legal Contexts

      • Bradley D. McAuliff, Leslie Ellis, Mark Phillips
      Pages 33-61
    4. The Use of Survey Research in Trial Consulting

      • Twila Wingrove, Angela Korpas, Robert F. Belli
      Pages 93-119
  4. Witness Preparation and Effective Testimony

    1. Front Matter

      Pages 135-135
    2. The Admissibility of Expert Witness Testimony

      • Marc W. Pearce
      Pages 137-172
    3. Selecting Experts

      • Mark R. Cambron
      Pages 173-185
    4. Demonstrative Evidence: Evidence and Technology in the Courtroom

      • Erin M. Richter, Amy M. Humke
      Pages 187-201
  5. Specific Interdisciplinary Topics in Trial Consulting

    1. Front Matter

      Pages 215-215
    2. Pretrial Publicity and the Jury: Research and Methods

      • Lisa M. Spano, Jennifer L. Groscup, Steven D. Penrod
      Pages 217-244
    3. Consulting on Damage Awards

      • Brian H. Bornstein, Edie Greene
      Pages 281-295
    4. Neuropsychological Concerns

      • William Drew Gouvier, Heather A. Stewart, Adrianne M. Brennan
      Pages 297-328
  6. Professional Issues

    1. Front Matter

      Pages 329-329
    2. Training of Trial Consultants

      • Veronica Stinson, Brian L. Cutler
      Pages 331-349

About this book

This volume will be a handbook that treats trial consulting as applied psychology. The purpose of the volume will be to collect the viewpoints of leaders in the field of psychology and law who apply the discipline’s theoretical models, methods, and ethics to assist litigators to try cases in the most effective way possible. As a whole, the collection of chapters will describe the theory, business, and mechanics of trial consulting for those interested in learning and practicing the profession. However, it will do so from the perspective of organized theories of jury-decision making. In other words, the work of juror researchers will inform the recommendations and suggestions in the handbook. The volume consists of six sections, each pertaining to a different topic. Multiple chapters with different authors will cover each topic. The topics and corresponding seven sections will be 1) An Introduction to the Theory and Psychology of Jury Decision-Making, 2) Applied Research Methodologies for Trial Consultants, 3) Education and Ethical Considerations for Trial Consultants, 4) Preparing and Cross Examining Witnesses, 5) Technology and Demonstrative Evidence at Trial, and 6) Special Topics in Trial Consulting. Each section will begin with the editors’ short introduction reviewing that section and explaining its goals, objectives, and content. Separate individuals, recognized as leaders in their areas will write the remaining chapters in each section. These individuals come from the fields of both psychology and law, and represent viewpoints on these topics from a practice-oriented perspective, but a perspective that is emerges from research results. They are affiliated with a number of academic institutions, including University of Nebraska, John Jay College of Criminal Justice, University of Texas, University of Chicago Simon Fraser University, and private law firms.

Reviews

From the reviews:

“Handbook is principally oriented towards psychologists, it can also be very useful to other social scientists or legal practitioners … . very useful to those who are interested in examining more in depth the legal and theoretical issues … . chapters are very practical, are clearly evidence based, and can be useful to both lawyers and trail consultants. … The Handbook of Trial Consulting provides … a comprehensive, state-of-the-art review of the major areas that can be subsumed under the title.” (Michel Sabourin, PsycCRITIQUES, Vol. 56 (48), November, 2011)

Editors and Affiliations

  • , Department of Psychology, University of Nebraska/Lincoln, Lincoln, USA

    Richard L. Wiener

  • Dept. Psychology, University of Nebraska, Lincoln, USA

    Brian H. Bornstein

About the editors

Professor Wiener received his Ph.D. from the University of Houston and his Masters Degree in Legal Studies at UNL. He was professor of Psychology at Saint Louis University (1982- 2000) and most recently chair of the Department of Psychology at Baruch College, City University of New York. In 2002 Dr. Wiener joined the Law-Psychology Program (as director) and the Social Psychology Program at UNL. He is the former editor of Law and Human Behavior, the official journal of the American Psychology/Law Society (Division 41 of the APA). Dr. Wiener's research applies theories of social cognition to problems in legal decision-making. Among the topic areas he has investigated are perceptions of sexual harassment and jury decision making. Specifically, Dr. Wiener studies the role of generic prejudice in criminal cases and he studies how jurors reach capital murder decisions in assigning penalties. The National Science Foundation has funded and continues to fund this work. Currently, Dr. Wiener applies social cognitive theories of emotion, motivation, dual process of cognitive processing to explain how legal actors reach decisions relevant to law and policy. Other topics of investigation include the role of implicit attitude activation in generic prejudice, the role of emotions in jury judgments as they develop across the presentation of criminal cases, the role of mortality salience in death penalty judgments, and the role of counterfactual thinking in negligence judgments. Dr. Wiener teaches courses at UNL on behavioral sciences and the law and legal decision making.

Bibliographic Information

  • Book Title: Handbook of Trial Consulting

  • Editors: Richard L. Wiener, Brian H. Bornstein

  • DOI: https://doi.org/10.1007/978-1-4419-7569-0

  • Publisher: Springer New York, NY

  • eBook Packages: Behavioral Science, Behavioral Science and Psychology (R0)

  • Copyright Information: Springer Science + Business Media, LLC 2011

  • Hardcover ISBN: 978-1-4419-7568-3Published: 12 May 2011

  • Softcover ISBN: 978-1-4899-8738-9Published: 09 October 2014

  • eBook ISBN: 978-1-4419-7569-0Published: 06 May 2011

  • Edition Number: 1

  • Number of Pages: X, 409

  • Topics: Law and Psychology, Criminology and Criminal Justice, general

Buy it now

Buying options

eBook USD 84.99
Price excludes VAT (USA)
  • Available as EPUB and PDF
  • Read on any device
  • Instant download
  • Own it forever
Softcover Book USD 109.99
Price excludes VAT (USA)
  • Compact, lightweight edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info
Hardcover Book USD 109.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Other ways to access