You’d think a little word like “a” or “the” wouldn’t have
any importance, when you’re crafting your opening or your closing. And yet . .
.”a” and “the” are powerful ways to focus the jurors’ attention where you want
it. Not where the jurors’ attention will roam, left to its own devices.
“A” refers generically to an undefined object. “The” refers
specifically to a defined object. “Did you see a man with a limp?” does not
focus the jurors’ attention in the same way as “Did you see the man with the
limp?” does. The use of “the” presupposes that the man exists, the limp exists,
and thus that the only thing in question is whether or not the witness saw the
man. People will search their memories more assiduously given the subconscious
message that the man with the limp exists, than they would if asked whether
they saw “a man” with “a limp” – which contains no such subconscious
assumption.
Similarly, notice the differential impact of such words as
“frequently,” “occasionally,” “sometimes” and “often.” Studies have shown that
when people were asked if they had headaches “frequently,” they answered, on
average, “2.2 headaches per week.” Whereas if asked if they had headaches
“occasionally,” they answered, on average, “0.7 headaches per week.” Such is
the power of “little” words! Use them wisely.
