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qazplm135

(7,447 posts)
64. No, I wouldn't be hard pressed
Thu Jul 25, 2019, 03:48 PM
Jul 2019

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 Mauet’s 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 people’s perceptions of speakers (Tigue, Borak, O’Connor, 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



Oh you know it!! bluestarone Jul 2019 #1
Please feel free... JoeOtterbein Jul 2019 #2
Why would you assume my OP refers to you? EffieBlack Jul 2019 #25
Whew! JoeOtterbein Jul 2019 #27
This message was self-deleted by its author SouthernProgressive Jul 2019 #47
Why would she name you Effie? tavernier Jul 2019 #67
My nickname, since elementary school, is: JoeOtterbein Jul 2019 #69
Yes THey Did Six Times Over Me. Jul 2019 #3
How did the Democrats 'kick ass?' leftstreet Jul 2019 #4
This is all part of the process, before there can be an impeachment a case has to made to ... marble falls Jul 2019 #6
You signed up to DU in 2005 True Dough Jul 2019 #17
LOL leftstreet Jul 2019 #22
Indeed. drray23 Jul 2019 #5
I was very pessimistic going in, but agree Dems kicked ass. They were prepared. Hoyt Jul 2019 #7
they were very prepared and did a great job scarytomcat Jul 2019 #45
I just now wanted to kick Brian Williams' ass The Velveteen Ocelot Jul 2019 #8
Me Too Me. Jul 2019 #15
He's STILL at it. The Velveteen Ocelot Jul 2019 #20
Gerstein is a hack from Politico, DeminPennswoods Jul 2019 #26
I wanted to puke but my stomach is already empty. BigmanPigman Jul 2019 #31
Same here. He reminded us how slow and superficial he really is. Thanks for mentioning it. n/t Judi Lynn Jul 2019 #34
Williams is going to take a face mashing for that uponit7771 Jul 2019 #40
I think he was getting tired towards the end of the second hearing scarytomcat Jul 2019 #46
K & R Iliyah Jul 2019 #9
Rachel, too, was pounding the issue of his frailty and implying incompetence. JudyM Jul 2019 #57
Transparent in the extreme. NanceGreggs Jul 2019 #10
Yeah, those who disagree with you have been working to undermine Dems all along, me since 2001 Jersey Devil Jul 2019 #11
18 years of waiting in the weeds, eh Jersey Devil? True Dough Jul 2019 #18
If I wasn't talking about you, I wasn't talking about you EffieBlack Jul 2019 #23
B+. I wasn't expecting a slam dunk. oasis Jul 2019 #12
K & R mia Jul 2019 #13
I don't agree. If someone watched the entire hearing and focused on ecstatic Jul 2019 #14
You got your marching orders, ecstatic True Dough Jul 2019 #21
So substance doesn't matter? brer cat Jul 2019 #51
I remember when more than one commentator said Hillary beat Trump in substance in the debates StarfishSaver Jul 2019 #56
Actually not really qazplm135 Jul 2019 #59
Care to post some of those studies? StarfishSaver Jul 2019 #62
No, I wouldn't be hard pressed qazplm135 Jul 2019 #64
Thanks. This is very interesting StarfishSaver Jul 2019 #65
jurors are selected qazplm135 Jul 2019 #66
I hear you and appreciate your expertise StarfishSaver Jul 2019 #68
People were expecting a TV trial and were disappointed at the lack of fireworks. The Velveteen Ocelot Jul 2019 #16
You're right! Perception is reality in this country. nt ecstatic Jul 2019 #24
You don't take differing points of view well do you Beringia Jul 2019 #19
I thought it was great. MuseRider Jul 2019 #28
Recommended. H2O Man Jul 2019 #29
Yup ismnotwasm Jul 2019 #30
Yes. I didn't see the hearing, came here and saw concern threads. betsuni Jul 2019 #32
Yes. You know, I watched much of the hearings. Had a meeting in the morning, but PatrickforO Jul 2019 #33
Excellent observation Ponietz Jul 2019 #35
Some things age well Roy Rolling Jul 2019 #36
Good point! mcar Jul 2019 #54
I liked the part wher a Republican pressed Mueller if Trump can be charged with crimes tirebiter Jul 2019 #37
It's a sad day when performance is presented as more important malaise Jul 2019 #38
+1, for people who wanted to push the narrative Red Don is a crook it was a slam dunk ... for people uponit7771 Jul 2019 #41
+ 1000 n/t MBS Jul 2019 #42
+1 I kept thinking is anyone in this country interested in substance? treestar Jul 2019 #44
THIS malaise Jul 2019 #50
amen. nt Baltimike Jul 2019 #39
Even more transparent is when people try to pit DUers against each other. n/t demmiblue Jul 2019 #43
Mueller acknowledged statements.. Maxheader Jul 2019 #48
There's no denying that as feeble and guarded as Mueller appeared yesterday, he delivered the goods onetexan Jul 2019 #49
I find Mueller guilty... of not being a natural public speaker. backscatter712 Jul 2019 #52
One OP during the first hearing mcar Jul 2019 #53
I hope a certain obscene poster doesn't show up here. rzemanfl Jul 2019 #55
He did what he was allowed to do. He was muzzled secondwind Jul 2019 #58
He did seem sort of frail, but I think that was because we built him up in our minds before hand. Afromania Jul 2019 #60
Great job by the Democrats Progressive dog Jul 2019 #61
I feel like we win every time, but it isn't always recognized. Bonx Jul 2019 #63
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