Reptile Theory's Afterlife, and the White-Collar Jury Problem

Two pieces this week.

The Reptile Theory in Voir Dire: Does It Still Work? The triune-brain model reptile theory rested on has been rejected by modern neuroscience, and the Columbia Law Review found no reliable empirical evidence that the tactics increase plaintiffs' success at any stage of a tort case. The questioning still works anyway, because it exploits documented cognitive biases rather than primitive brain structures. That reframing changes your response: listen for rigidity as a cause signal, follow abstract questions with specific ones, and build a competing frame instead of only rebutting theirs. Read the article

White-Collar Crime Juries: Selection Challenges for Federal Prosecutors. White-collar cases break the usual logic of criminal selection, because the conduct lives in spreadsheets and the defendant looks trustworthy. Financial sophistication cuts both ways. Rule 24(b) caps peremptories at ten per side while cause challenges are unlimited, and that asymmetry is the whole strategic game — every bias you get articulated on the record is a juror removed for free. Read the article