NCJ Number
151754
Journal
Trial Volume: 30 Issue: 10 Dated: (October 1994) Pages: 74-79,81
Date Published
1994
Length
7 pages
Annotation
Plaintiffs' attorneys should recognize that a jury trial is a dramatic debate between the attorneys and that developing a one-word theme to illuminate and clarify the meaning and significance of their case is central to their ability to persuade the jury.
Abstract
Persuasion is a storytelling skill whose success depends on establishing a clearly defined and broadly accepted theme. Strong themes summarize complex concepts and arguments, fixing in jurors' memories the ideas they represent. However, some attorneys fail to develop strong themes for their cases. Their methods of thinking are also no help in developing trial themes that jurors will find compelling. However, an effective way to determine the ideal theme is through jury focus groups and other jury simulations. These approaches focus on results and eliminate guesswork by operating in the same matter as test marketing of products or conducting political polls. The organization of jury focus groups and jury simulations is a science known as litigation research. Attorneys must thoroughly test the trial theme before actually using it in court, because a poorly chosen theme will probably irritate jurors. Specific recommendations and guidelines