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The Facekini Jury

 

I know that this is going to be one of those blogs where you say, “Joel, where are you going with this?” I started to blog on shadow juries and then I saw a story and picture on this amazing clothing accessory that is sweeping China.

If you think about it, this really is quite the sun protection. That’s why they call it the “Facekini”. In China, tans are frowned upon; although that seems contrary to this picture. It looks like there is a lot of tanning going on in the background… but I digress.

Somehow, this story distracted me from a discussion of shadow juries,  because it’s kinda like being in the shadows on the beach, isn’t it? OK, maybe not so much. I just wanted to post that picture for the blog. It’s just fascinating to me.

As to shadow juries, the “Virginia Lawyers Weekly’  just reported on a medical negligence case that took place in Pennsylvania. After the jury had been picked, 12 others who had similar characteristics to the 12 jurors already seated, filed into the same courtroom to listen to the same evidence.

The twelve “spectators” listened just like the real jury. They even took breaks at the same time. They did not know who had hired them to sit in the trial. At the end of each day, a jury consultant would discuss what they had observed during trial that day. Based on the feedback, the plaintiff’s lawyer would refocus questioning the next day, and create graphics to better highlight specific evidence.

The lawyer also wanted some input on whether he should be considering settlement offers from the defense. As the trial progressed, he became more convinced of how the real jury was perceiving the evidence. When the verdict was finally returned at the conclusion of the trial, the jury came back with an amount of $78.5 million.

Before that verdict was returned, the shadow jury had also deliberated. They awarded more than the actual jury. The plaintiff’s lawyer had no real explanation for that;  except to conclude that ultimately, the shadow jury knew that they were not truly returning a verdict. As he said, “maybe they felt that they were playing with monopoly money”.

For pic 0′ day, just like my desire to post “Facekini”, I’ve been wanting to post “Velcro Cat”. I never have really understood the whole thing of someone putting on a Velcro suit and jumping into a wall. But Velcro Cat… now that just makes me laugh!

 

 


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