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 →
From our earliest days on earth, we learn about contrast, difference, and fit. Whether it’s simple games like “which one is not like the other” or trying to fit different-shaped blocks into different-shaped holes, difference plays a critical role in our development and connection to the world around us. As we grow older and develop connections to the social fabric around us, contrast, difference, and fit gain more prominence in defining and understanding our place in the world. For example, scholars say gossip functions as an expression of our values against another’s. So while we may actually be talking about another person when we gossip, at its heart we are saying that person is different from us. Nearly everything we do involves differentiation. It happens on the levels of basic visual perception, social interaction, and self-understanding. In other words, it is the most natural thing we do.
For this reason, contrast and difference should play central roles in the development of the case presentation and the “story” at trial. There’s an old maxim that a verdict is the product of what jurors choose to talk about. This is one of, if not the most important principle that trial attorneys should understand because it is about focus, which is zero-sum. If jurors are focused on one thing, they are not focused on another. And the more jurors focus on something, the more critical they become of it. In other words, if jurors spend two hours of deliberation time discussing something, it is going to be a critical discussion of it. Jurors simply do not spend that kind of time heaping praise on something. Consequently, the case presentation should try to control the focus, or what the jurors talk about during deliberation. There are endless filters through which any set of case facts can be viewed, with each filter leading to a different outcome. In other words, jurors can put on blue-tinted glasses and see blue, put on green-tinted glasses and see green, etc. Difference and contrast in case presentation are the most effective ways to control the filter and consequently, the focus of discussion in deliberations. Continue reading →