Tag Archives: argument

Using Jury Instructions More Effectively in Closing Argument


By Thomas M. O’Toole, Ph.D.

One of the studies that I like to cite more than just about any is the old 3M study that showed that people remember only about 10% of what they are told three days after it is told to them. Apply this to a trial setting and the implication is that jurors will forget up to 90% of what they heard over the course of a trial by the time they reach the deliberation room. To put it a different way, by the time jurors reach the deliberation room, they are overwhelmed, do not remember the majority of what they just heard, and face the difficult task of having to sort through hundreds to thousands of exhibits, their largely disorganized notes, and a stack of jury instructions that can be difficult to decipher. Continue reading

The Sniper Defense Episode 7 – Common Personality Types in Jury Deliberations

After a brief hiatus, The Sniper Defense podcast is back with an all new episode. In this episode, Thomas M. O’Toole, Ph.D. discusses the common personality and interaction types that emerge during jury deliberations and how each can impact the final verdict.

Don’t Tell Me To Relax: How Anger and Gender Influence Persuasion

Female boss mad for employee
By Jill D. Schmid, Ph.D.

If you’re a woman, there’s probably been at least one time in your life when someone (my money says it was a man) has told you that you “need to relax.” I’ve been told this a few times and, each time, the person pretty quickly realized it wasn’t the smartest move. Recalling these events, two thoughts come to mind: 1) I can honestly report that I wasn’t out of control, yelling, or being irrational. Instead, I was simply strongly asserting an argument about an issue – usually something political. And, 2) I’ve never witnessed or participated in a “heated” discussion and heard someone tell a man who is aggressively arguing his point that he should “relax.”

I was reminded of all of this as I read “One Angry Woman: Anger Expression Increases Influence for Men, but Decreases Influence for Women, During Group Deliberation.” The research, conducted at Arizona State University and the University of Illinois at Chicago, is a fascinating look into how a man’s versus a woman’s “anger” is perceived and then utilized by others when making decisions. While years of research (and real life experiences) show that women are often subjected to harsh criticism for being “too emotional” and are often labeled as “Bitches” (and worse) when behaving in similar ways to men (i.e., being aggressive or dominant in work situations), this particular study goes one step further and explores how aggressively advancing one’s position is undermined by simply being a woman. Continue reading

Why Not Just Tell the Jurors How to Deliberate?

Process_Mapping1
By Thomas M. O’Toole, Ph.D.

It is a scary proposition to hand a case that you have worked on for months or years over to a jury for final adjudication. With all that’s on the line, it’s actually quite preposterous when you think about it. It took you months or years to learn enough about the case to bring it to trial and present it. Now you’ll hand the fate of all that work over to a small group of random people, who probably knew nothing about the issues in the case before they showed up for jury duty. You have no clue what they will do. All you can do is wait and hope.

It doesn’t necessarily have to be this way. As I’ve discussed in previous blog posts, attorneys focus too much on strategies for persuasion at the expense of strategies for controlling deliberations. A persuaded juror is not necessarily an influential juror and this is important because the safest bet for any attorney is to assume there will be some division amongst the jurors when they enter that deliberation room. Strategies for persuasion do very little for the attorney in this scenario. Either they were persuaded or they were not. Now, the jurors need to figure out how to resolve the division and render a verdict. Continue reading