Bill Kanasky, Jr., Ph.D. discusses a recurring problem in wrongful death cases: jurors’ tendency to mistakenly believe their job is to assign a monetary value to a life. Bill explains how this cognitive shortcut often leads to inflated damage awards because jurors default to emotional reasoning rather than following the legal instructions.
To prevent this, Bill emphasizes that the issue must be addressed proactively during voir dire. He outlines a process that begins with exposing the problem - acknowledging that jurors will naturally think, “How do we put a value on a life?” - and then clearly explaining that the law does not ask them to do that. Instead, jurors are asked to compensate surviving family members for measurable economic and emotional losses.
Bill walks through a step-by-step strategy for correcting this misconception: expose and normalize the cognitive shortcut, redefine the juror’s task in line with the law, and secure public, verbal pre-commitments from jurors to follow the court’s instructions. He also recommends going a step further by asking jurors to commit to keeping one another on track during deliberations.
Bill concludes by noting that this structured approach not only prevents confusion and emotional decision-making by jurors but also strengthens the defense’s position by grounding jurors in rational, law-based reasoning right from the start.
Popular Podcasts
Stuff You Should Know
If you've ever wanted to know about champagne, satanism, the Stonewall Uprising, chaos theory, LSD, El Nino, true crime and Rosa Parks, then look no further. Josh and Chuck have you covered.
Ruthie's Table 4
For more than 30 years The River Cafe in London, has been the home-from-home of artists, architects, designers, actors, collectors, writers, activists, and politicians. Michael Caine, Glenn Close, JJ Abrams, Steve McQueen, Victoria and David Beckham, and Lily Allen, are just some of the people who love to call The River Cafe home. On River Cafe Table 4, Rogers sits down with her customers—who have become friends—to talk about food memories. Table 4 explores how food impacts every aspect of our lives. “Foods is politics, food is cultural, food is how you express love, food is about your heritage, it defines who you and who you want to be,” says Rogers. Each week, Rogers invites her guest to reminisce about family suppers and first dates, what they cook, how they eat when performing, the restaurants they choose, and what food they seek when they need comfort. And to punctuate each episode of Table 4, guests such as Ralph Fiennes, Emily Blunt, and Alfonso Cuarón, read their favourite recipe from one of the best-selling River Cafe cookbooks. Table 4 itself, is situated near The River Cafe’s open kitchen, close to the bright pink wood-fired oven and next to the glossy yellow pass, where Ruthie oversees the restaurant. You are invited to take a seat at this intimate table and join the conversation. For more information, recipes, and ingredients, go to https://shoptherivercafe.co.uk/ Web: https://rivercafe.co.uk/ Instagram: www.instagram.com/therivercafelondon/ Facebook: https://en-gb.facebook.com/therivercafelondon/ For more podcasts from iHeartRadio, visit the iheartradio app, apple podcasts, or wherever you listen to your favorite shows. Learn more about your ad-choices at https://www.iheartpodcastnetwork.com
Dateline NBC
Current and classic episodes, featuring compelling true-crime mysteries, powerful documentaries and in-depth investigations. Follow now to get the latest episodes of Dateline NBC completely free, or subscribe to Dateline Premium for ad-free listening and exclusive bonus content: DatelinePremium.com