General Discussion
In reply to the discussion: A sure sign that Mueller delivered and Democrats kicked ass today: [View all]qazplm135
(7,447 posts)that process produces types of jurors. Even in military courts-martial that don't have the same type of selection process we see the same things.
I'm sorry but all things being equal presentation matters far more than facts.
If it's a slam dunk case it's usually a guilty plea, so most contested cases are not that way.
Thus, it's a battle of competing facts and competing experts with a factfinder that is not selected to be the most discerning, or the most attentive, or the most intelligent.
The judge matters a little bit, but not as much as you think in most cases. Usually the judge comes into play with less experienced counsel more than experienced counsel.
Presentation is a LARGE part of what goes on in a trial. The longer the trial, the less facts the panel really remembers. What sticks is perception.