Be Judicious With Your Words

The words you use in framing your question will encourage witnesses to think and respond differently. This can be critical to how your case unfolds. 

For example, in a study in which a group of people were asked to estimate a basketball player's height, when asked "How tall is he?" subjects answered on average, “79 inches.” When asked, "How short is he?" of the same player, subjects answered on average, “69 inches.” That’s a difference of a full ten inches - almost a foot.

Choose words such as "fast" when you want to suggest speed, "far" for distance, "tall" to emphasize height, and "short" to minimize it. "How fast was the car going?" suggests high speed. "At what speed was the car traveling?" suggests a more moderate speed. "How far was the intersection?" implies that the intersection was far away. "How near was the intersection?" implies the opposite.

Choose the word that presupposes your desired answer. "How long did that go on?" denotes a situation went on a long time. "How soon was it resolved?" indicates the situation did not go on a long time. "How many people were involved?" implies many people were involved. "Who else was involved?" implies just a few people were involved.

With just a bit of thought, it is surprisingly easy to make deliberate word choices that better focus witness responses -  and therefore juror perception -  to your advantage.

Making Your Employees Happy with Dr. Noelle Nelson - Transform Your Workplace Podcast

 

Companies that thrive no matter what are companies who truly appreciate their employees Successful companies create a culture where employee feedback is encouraged, rewarded, implemented, and acknowledged. In today’s business world, individual preference matters, so leaders should pay more attention to what their employees want.

Don't Let Your Jurors Miss the Gorilla in the Room

 

People were asked, in a classic experiment, to watch a short video in which six individuals, of which three wore white shirts and three wore black shirts, passed basketballs around. The people were asked to count the number of passes made by the individuals in white shirts. At some point, a gorilla strolled into the middle of the action, faced the camera and thumped its chest, and then left, having spent nine seconds on screen.

Intuitively, we all think we’d see the gorilla. How could something so obvious go completely unnoticed? But the truth of the matter is that half of the people who watched the video and counted the passes missed the gorilla! It was as though the gorilla was invisible.

This research led to further studies on what is known as “unintentional blindness and deafness.” When we’re focused on one thing, we easily miss other, potentially very important, things.

This is why, when it comes to winning in front of a jury, it is best to present your most important evidence/testimony both visually and auditorily. You never know which member of the jury is focused on something that renders them unintentionally deaf or blind to your critical point.

It’s also why repetition is important in a trial, and why review at time of close, matters. Don’t rely on spoken review of testimony alone. Be sure to include a visual review, using boards or other graphics, such as check charts, to sum up your interpretation of the facts.