General Discussion
In reply to the discussion: A sure sign that Mueller delivered and Democrats kicked ass today: [View all]qazplm135
(7,447 posts)I've spent several years teaching courtroom tactics and strategies "in the real world" and longer trying cases on both sides "in the real world." I've had juries interviewed after trials on multiple occasions to see what they focused on. As often as not, they would comment on what an attorney was wearing, how confident they sounded, as much on any piece of evidence.
https://atcounseltable.wordpress.com/2013/08/20/five-psychological-principles-of-jury-persuasion/
"The message here is that jurors absorb what they see exponentially better than what they simply hear. Mauet writes, 'When the medium is oral testimony, clear, simple common English with a smooth, confident delivery and reinforcing kinesic and paralinguistic cues significantly affect how jurors receive, accept, and retain the communication. . . Since communication is approximately 60 percent kinetic (appearance, gestures, body movement), 30 percent paralinguistic (voice inflection), and only 10 percent word content, trial lawyers must learn to read the kinesic and paralinguistic cues that jurors send during voir dire, witnesses send while testifying, and lawyers send throughout a trial.' (Id. at 380.)"
Citing Thomas Mauets Fundamentals of Trial Techniques
Right there...60 percent is physical
30 percent is inflection
10 percent is actual content.
https://www.nytimes.com/1994/11/29/science/study-finds-jurors-often-hear-evidence-with-closed-minds.html
"These jurors decide on a version of events based on a preliminary story they find convincing, often at the time of the opening arguments, which then colors their interpretation of the evidence so much that they seize on whatever fits their verdict and discount the rest. Such jurors tend to make up their minds far earlier than others, and by the time they enter the jury room for deliberation they cannot be budged."
The attorney who looks the part, who speaks in "bright colors," simply, and confidently will almost ALWAYS win over an attorney with better facts and arguments but poorer appearance and delivery.
I'm not talking about "theatrics." I'm talking about tone of voice, confidence, appearance, and proper courtroom movement. Excessive theatrics is usually a bad idea, particularly if it takes you out of your range of normal actions.
Having said that, there is a REASON two of the top trial coaches in the country are former actors. And yes, having done my fair share of cases, much of what goes on in a courtroom involves a level of acting and performance, particularly opening statements and closing arguments.
https://www.thejuryexpert.com/2012/03/vocal-pitch-in-the-courtroom/
"As a nonverbal communication cue, voice has been shown to make a difference in peoples perceptions of speakers (Tigue, Borak, OConnor, Schandl & Feinberg, in press). Guerrero and Hecht (2008) argue that a vocal attractiveness stereotype exists among listeners. People tend to believe that, what sounds beautiful is good (p.155). Other empirical explorations of the attractive voice stereotype have found that attractive voices make a person seem more powerful, strong, assertive and dominant (Guerrero & Hecht, 2008)."
http://www.abajournal.com/voice/article/the-jury-trial-trying-facts-or-telling-stories
I'll spoil it for you, telling a story beats listing facts. Jurors get bored easily, and they tune out quickly, and they make snap judgments. So if your first two minutes aren't sharp, if your suit is wrinkled and ill-fitting, and if your voice isn't strong and confident, it won't matter what comes next.
http://cornelllawreview.org/files/2018/04/St.EveEssay-1.pdf
Presentation by attorneys was the most positive and most negative responses. Jurors cared about eye contact, being more personable to the jury, various criticisms on body language (e.g. that attorney crossed their arms too much), etc. Again, in various ways jurors respond to the things I listed above both negatively and positively and reward each side accordingly.
https://books.google.com/books?id=SwhGiWNFV18C&printsec=frontcover#v=onepage&q&f=false