We
live in the “land of the free, home of the brave.” As a people, we cherish
freedom, but it’s something lawyers do not always factor in to voir dire and
closing arguments.
And
yet, 42
psychological studies on 22,000 people has shown that the single most
powerful persuasion technique is to give people the freedom to choose. In other
words, when you ask someone to do something, make sure to add to your request,
“but you are free” to do otherwise.
The
exact words don’t matter, for example, the phrase “But
obviously do not feel obliged” worked as well as “but you are free.” What’s
important is that people resist being forced to a singular choice. When you give
them the option to choose, people are more amenable to being persuaded by you.
The
used-car salesman who says “But of course, you’re free to compare the price
with other dealers” is more likely to make the sale than the salesman who
hammers a “this deal is the best deal you’ll ever get” approach.
However
you phrase it, whenever possible, give jurors a “but you are free” option: free
to choose as their conscience dictates, free to come to some other
conclusion--all the while putting your choice forward, leading them to it
rather than corralling them into it.
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An article by
Dr. Noelle Nelson, “Don’t Blame the Jurors,” was published in the November 2013
issue of California Lawyer. Here’s the link: Don't Blame the Jurors.
