21 Secrets From an Opening Statement Guru
80% of jury trials are won or lost in the opening statement. 80%!!!!!! If you lose to your opponent in opening statements, your chances of winning the case become very slim. Over the past 25 years, I have participated in the drafting of hundreds of opening statements. Sometimes, it's 20% me (and others) and 80% first chair trial counsel; sometimes, it's the other way around. No matter what, it is always a collaborative process. And it's one of the things I enjoy most about my job. Reflecting on these 25 years, I offer twenty-one tips for writing and presenting a
Don’t Rely on Luck in Picking Your Jury
By Dr. Ken Broda-Bahm: As the historic first (but not last) criminal trial of a former U.S. President was kicking off last week, Mr. Trump commented, “Jury selection is largely luck,” before moving on to his more familiar complaints about the unfairness of the venue, the charges, the judge, and the trial process as a […]
7 Jury Selection Issues in Trump NYC '24 Trial: What's Going Wrong?
The Trump trial in New York has been discussed for months. With the jury selection process well underway, several things have gone wrong that could potentially impact the trial's outcome. In this blog post, I'll discuss seven of these issues. 1. Jury members with biases: Finding unbiased and fair jurors is one of the most significant challenges during jury selection. In the case of the Trump trial, potential jurors may have already formed an opinion about the defendant due to the extensive media coverage of the trial. The political climate surrounding the case could also lead to jurors having predetermined
How are jurors affected by the image size of presented videos? | Online Jury Research Update
Courtroom videos are presented in a variety of ways to jurors, being shown on such devices as small screens in the jury box, big screen television monitors, and large format projection screens. How does the size of video images presented to jurors -- small, medium or large -- influence jurors' decisions? Wendy Heath and Bruce Grannermann (2014) examined the effect of video image size on jurors' verdicts. A total of 263 jury-eligible mock jurors were presented a trial summary about a female defendant charged with murder. For half of the jurors, the trial summary presented strong evidence against the defendant,
Is Your Jury Consultant Doing These 12 Things Helping You Prepare for a Mock Trial?
Preparing for a mock trial can be daunting, especially if you're unsure how to proceed. That's where a jury consultant comes in. A good jury consultant can help you prepare for a mock trial in various ways. In this blog post, I'll discuss 12 things your jury consultant should do to help you prepare. 1. Developing a Theme One of the first things your jury consultant should do is help you develop a theme for your case. A theme is an overarching idea that ties together all the evidence and arguments in your case. Developing a theme early on can
As the Reptile Evolves, Update Your Understanding of ‘Duty’
By Dr. Ken Broda-Bahm: The Reptile approach to courtroom persuasion aims to sell plaintiffs’ cases by invoking absolute duties for protection wrapped around a fear appeal that resonates with the jurors. Even with the Reptile’s ‘reboot’ version, the ‘Edge’ training appears to continue this emphasis. In a second part of an article in the CLM […]