TABLE OF CONTENTS

Foreword
10 Practical Features of this Book

Prologue
Forethoughts to the Second Edition

PART I: STUDYING JURORS
Chapter 1. KNOWING JURORS
§ 1-1. Three Jury Epiphanies
§ 1-2. The Mystery of Jury Deliberations
§ 1-3. The Problems of Jury Research

PART II: THE BIO-PHYSIOLOGY OF A JUROR'S BRAIN
Chapter 2. THE MIND IS A CRAZY QUILT
§ 2-1. The Crowd Living in a Juror's Mind
§ 2-2. How a Juror Becomes Aware of a "Fact."
§ 2-3. Juror Listening and Attention Errors
§ 2-4. Biological Basis for Attention

Chapter 3. "TRIALS" ARE IN THE BRAINS OF THE BEHOLDERS
§ 3-1. The Influence of Color Perception
§ 3-2. Remembering and Forgetting

Chapter 4. RIGHT MIND/LEFT MIND? HOW OUR BRAIN'S HEMISPHERES REALLY FUNCTION
§ 4-1. Right Mind/Left Mind
§ 4-2. Regions of the Brain That Process Language

Chapter 5. FROM JUROR-COGNITION TO JUROR-EMOTION
§ 5-1. The Purpose of Emotions in Human Survival
§ 5-2. Physiology of Jurors' Emotions When They Judge Other People's Behaviors
§ 5-3. How Emotional Arousal Impacts Juror Thinking about Other People
§ 5-4. The Vividness Effect: Sensual Persuasion
§ 5-5. The Velcro® Effect
§ 5-6. The Effects of Juror Mood on Juror Reasoning
§ 5-7. Deliberating Under the Influence of Stress
§ 5-8. The Effect of Stress on Citizens Selected for Jury Duty
§ 5-9. Anxiety: A Traveling Companion of Juror Stress
§ 5-10. The Effect of Sleep Debt on Juror Competency

Chapter 6. BELIEFS AND THINKING
§ 6-1. Biology of Beliefs
§ 6-2. A Juror's TiVo® Mind
§ 6-3. Religious Beliefs
§ 6-4. The God Factor
§ 6-5. Differences that Make a Difference in Juror Thinking
§ 6-6. Juror Thinking about God and Science

Chapter 7. THINKING UNAWARE
§ 7-1. Blink
§ 7-2. Mental Leaps

PART III: THE SOCIAL PSYCHOLOGY OF A JUROR'S PERCEPTIONS
Chapter 8. FROM A FOCUS ON SELLING TOWARDS A FOCUS ON BUYING
§ 8-1. Information Anxiety
§ 8-2. Creating Empty Spaces as Evidence
§ 8-3. Toxic Language

Chapter 9. HOW THE JUROR'S BRAIN TALKS TO ITSELF DURING TRIAL
§ 9-1. Mental Filters and Misperceptions
§ 9-2. Social Perception: What a Juror Sees Is What You Get
§ 9-3. Mental Short-Cuts a Juror Uses in Perception
§ 9-4. The Influence of Juror Categories and Schemas

Chapter 10. A JUROR'S SOCIAL THINKING: How a Juror Makes Sense of the Behaviors of Other People
§ 10-1. Social Thinking and Juror Decision Making
§ 10-2. Juror Attributions
§ 10-3. The Effect of Novel Events
§ 10-4. Fundamental Attribution Error
§ 10-5. False Consensus Error
§ 10-6. False Uniqueness Error
§ 10-7. Attributions of Blame
§ 10-8. Locus of Control
§ 10-9. Cracked Perceptual Lenses
§ 10-10. A Practical Approach to Gaining Access to Juror Attitudes

Chapter 11. THE DILEMMA OF A JUROR'S UN-THINKING TASK
§ 11-1. Intrusive Thoughts
§ 11-2. Controlled Un-Believing
§ 11-3. A Juror's Cognitive Load
§ 11-4. The Bad Experience Closet
§ 11-5. The Set-it-Aside Agenda

Chapter 12. IMPERFECT THINKING
§ 12-1. Machine-Thinking
§ 12-2. Wabi-Sabi Minds
§ 12-3. Thinking in Paradox

Chapter 13. SYMBOLIC THINKING
§ 13-1. God Words and Devil Words
§ 13-2. Metaphor and Thought

PART IV: THE EFFECTS OF GROUP DYNAMICS ON A JUROR'S VOTE
Chapter 14. THE WORK OF JURY WORK: WHEN INDIVIDUAL JURORS BECOME A GROUP
§ 14-1. The Faulty Norms of Jury Deliberations
§ 14-2. Changing the Way Jurors Deliberate

Chapter 15. SOCIAL VERDICTS (THE RELATIONAL SIDE OF JURY DECISION-MAKING)
§ 15-1. Symbolic Convergence Theory: Groups and Fantasies
§ 15-2. Social Opinions
§ 15-3. Social Cliques
§ 15-4. Primary Tension and Secondary Tension: What Blocks the Jury's Task?
§ 15-5. Mars and Venus Deliberate--Gender in the Jury Room
§ 15-6. Salads, Stews, and Surprising Effects of Juror Diversity

Chapter 16. EMOTIONAL DELIBERATIONS
§ 16-1. Emotional Persuasion
§ 16-2. Laughing on the Road to a Verdict
§ 16-3. Effects of Emotion on Juror Mood
§ 16-4. Emotional Argument
§ 16-5. Angry Argument: All People Are Afraid of the Anger of Others
§ 16-6. Emotional Pollution
§ 16-7. Groupmood

Chapter 17. JUROR COMPETENCY
§ 17-1. A Juror's Trial Task (Competent to do what, exactly?)
§ 17-2. Juiced Jurors
§ 17-3. Multitasking Jurors
§ 17-4. Fluctuating Competency
§ 17-5. Juror Accommodation

Chapter 18. JUROR COMPASSION
§ 18-1. Compassion in the Courtroom
§ 18-2. Measuring Compassion

Chapter 19. THE SHADOW SIDE OF JURY DECISION MAKING
§ 19-1. Grouphate
§ 19-2. Social Loafing
§ 19-3. Missing in Action! Jurors Who Disappear in the Jury Room
§ 19-4. Toxic Jurors
§ 19-5. Seizing Speaking Turns
§ 19-6. What Really Happens When One Juror Leaves the Room
§ 19-7. Improperly Speculating
§ 19-8. Ignoring Misconduct of Fellow Jurors
§ 19-9. The Shadow Side of Jury Leadership
§ 19-10. The Consensus Disease

Chapter 20. DECISIONAL REGRET IN THE JURY ROOM
§ 20-1. Juror Overconfidence
§ 20-2. Counterfactual Thinking: Changing the Facts
§ 20-3. Woulda/Coulda/Shoulda Minefields
§ 20-4. Why Deliberations Are a Set-Up for Woulda/Coulda/Shoulda Thinking
§ 20-5. A Storied Theory of Jury Deliberations
§ 20-6. Regret Contagion, GroupRegret, and Decisional Avoidance
§ 20-7. Story Plugs

§ 20-8. Coherence-Based Reasoning Theory

Chapter 21. RE-THINKING
§ 21-1. Juror Flipping
§ 21-2. Ignoring Regret
§ 21-3. If-Only Thinking
§ 21-4. Binge-Think

Chapter 22. STORY-THINKING AND FANTASIES DURING DELIBERATIONS
§ 23-1. The Storymaking-Mind of a Juror
§ 22-2. Story Battles in Deliberation
§ 22-3. Opening the Jury Room's Door: Making Sense of the Story Battles
§ 22-4. Storytelling Functions in Deliberations
§ 22-5. When Fantasies Collide: Symbolic Convergence Theory and Jury Decision Making
§ 22-6. Story Strategies for Attorneys

Chapter 23. JURY-JOINING
§ 23-1. Collaborative Dialogues: How to Discuss What Matters Most
§ 23-2. Non-Question Voir Dire
§ 23-3. Collaborating on Solutions
§ 23-4. Collaborative Challenges for Cause
§ 23-5. Collaborative Closing Arguments

Chapter 24. OPENING WINDOWS TO THE BLACK BOX OF JURY DELIBERATIONS
§ 24-1. Curing Ignorance about Jurors' Rights
§ 24-2. Reasons Jurors Think They Shouldn?t Communicate with the Judge
§ 24-3. Gaining An Ear to the Jury Wall
§ 24-4. Why Jurors Protect Bad Jurors
§ 24-5. Toxic Bailiffs: The Virus Every Jury Is Exposed To
§ 24-6. Exposing the Myths of Juries and Jurors

PART V: TRIAL CULTURE
Chapter 25 NEW TOOLS FOR EVERY TRIAL
§ 25-1. How a Juror Listens to an Expert's Opinion
§ 25-2. Organizing Juror Information
§ 25-3. Jury Markers
§ 25-4. Practical Juror Motions
§ 25-5. Tools for Learning About Jury Pools

Chapter 26. STRUCTURES THAT INFLUENCE THINKING
§ 26-1. Jury Studies: Updates
§ 26-2. Jury Reform

Chapter 27. THINKING UPSIDE DOWN
§ 27-1. When Jurors Rebut Your Closing
§ 27-2. PlayingAttention with the Final Act of Jurying

Chapter 28. PAYING ATTENTION TO THE COMPLEX CULTURE OF TRIALS
§ 28-1. Enculturation: How Jurors Get Sucked Into a Strange System
§ 28-2. Twenty Stressful Realities of a Juror's Experience

Chapter 29. THE ELECTRONIC-MEDIATED JUROR
§ 29-1. The Google™ Effect
§ 29-2. Cell Phones
§ 29-3. Social Network Sites as Unconfronted Trial Evidence
§ 29-4. The Blog Effect

Chapter 30. REDUCING TOXIC TRIAL STRESS
§ 30-1. Avoiding The Helper's Pit
§ 30-2. Empathy-Driven versus Distress-Driven Advocacy
§ 30-3. Ever Aftering, in Practical Ways
§ 30-3(a). The Janus Effect

APPENDICES: RESOURCES, BOOKS, MATERIALS, TOOLS
Principles For Juries And Jury Trials, American Jury Project
Principle 1 -- The Right To Jury Trial Shall Be Preserved
Principle 2 -- Citizens Have The Right To Participate In Jury Service And Their Service Should Be Facilitated
Principle 3 -- Juries Should Have 12 Members
Principle 4 -- Jury Decisions Should Be Unanimous
Principle 5 -- It Is The Duty Of The Courts To Enforce And Protect The Rights To Jury Trial And Jury Service
Principle 6 -- Courts Should Educate Jurors Regarding The Essential Aspects Of A Jury Trial
Principle 7 -- Courts Should Protect Juror Privacy Insofar As Consistent With The Requirements Of Justice And The Public Interest
Principle 8 -- Individuals Selected To Serve On A Jury Have An Ongoing Interest In Completing Their Service
Principle 9 -- Courts Should Conduct Jury Trials In The Venue Required By Applicable Law Or The Interests Of Justice
Principle 10 -- Courts Should Use Open, Fair And Flexible Procedures To Select A Representative Pool Of Prospective Jurors
Principle 11 -- Courts Should Ensure That The Process Used To Empanel Jurors Effectively Serves The Goal Of Assembling A Fair And Impartial Jury
Principle 12 -- Courts Should Limit The Length Of Jury Trials Insofar As Justice Allows And Jurors Should Be Fully Informed Of The Trial Schedule Established
Principle 13 -- The Court And Parties Should Vigorously Promote Juror Understanding Of The Facts And The Law
Principle 14 --The Court Should Instruct The Jury In Plain And Understandable Language Regarding The Applicable Law And The Conduct Of Deliberations
Principle 15 -- Courts And Parties Have A Duty To Facilitate Effective And Impartial Deliberations
Principle 16 -- Deliberating Jurors Should Be Offered Assistance When An Apparent Impasse Is Reported
Principle 17 -- Trial And Appellate Courts Should Afford Jury Decisions The Greatest Deference Consistent With Law
Principle 18 -- Courts Should Give Jurors Legally Permissible Post-Verdict Advice And Information
Principle 19 -- Appropriate Inquiries Into Allegations Of Juror Misconduct Should Be Promptly Undertaken By The Trial Court

Resources and Tools
Browse the Stacks
Gratitudes
Who Is the Author?
Endnotes
Index

SunWolf

Dr. SunWolf is a juryologist. She has been fascinated with jurors (and their imperfect worlds) since her first trial. A veteran of many roles within the American justice system (law school faculty, civil litigation attorney, Training Director for Colorado's Public Defender System, full-time appellate lawyer, trial consultant)--a moment of epiphany during a death penalty trial pushed her back to graduate school, where she completed both Master's and Doctoral degrees in Interpersonal and Group Communication from the University of California, Santa Barbara. Now Professor of Communication at Santa Clara University, California, she teaches courses in relationships, group dynamics, friendships & romance, persuasion, storytelling, and the science of happiness. Her published research on jurors and children's peer groups has won national awards. Her books include Practical Jury Dynamics2: From One Juror's Trial Perceptions to the Group's Decision-Making Processes (LexisNexis). A translator of social science research for trial practitioners, Dr. SunWolf lectures at continuing legal education programs throughout the country. She is a 20-plus-year faculty member of the National Criminal Defense College. She is the originator of Decisional Regret Theory, which explains how jurors attempt to reduce the anxiety of anticipated verdict-regret by using counterfactual what-if and if-only imagined narratives. Professor SunWolf is also a Visiting Professor at Santa Clara University School of Law, annually teaching "449: Jury Law & Strategies"--devoted to thinking about a juror's complex trial task.

The American Society of Trial Consultants gave Dr. SunWolf their national service award for career dedication to pro bono work. Her book Practical Jury Dynamics2 received the Ernest Bormann Book Award from the National Communication Association for most outstanding scholarly book in the previous two years about group communication. In 2008, Dr. SunWolf received her university's research award, recognizing the tenured professor whose scholarly work over the previous five years best represents a major contribution to a field of knowledge. On Twitter® Dr. SunWolf shares new studies on social behavior: @TheSocialBrain was named by the Huffington Post as one of 30 high-profile scientists who tweet about neuroscience. She also tweets about jury law, strategies, and events as @JuryTalk. Web: ProfessorSunwolf.com