FOCUS STUDIES

• Use conservative people. Use the people you would  exclude from your jury to get their evaluation of significant issues you need to deal with

• The triangle of motivators are (1) life experiences (2) cultural experiences and (3) imprinted codes or values from birth

HUMAN MOTIVATORS OF BELIEF

• The common motivators are;

(1)        Rules are important – rules of society, safety & morals

(2)        Fear is powerful driver

(3)        Anger is a powerful motivator

(4)        Freedom to do & freedom to fail are important rights

Group concepts as motivators:

(1) Groups mean protection and survival. If you are trying to survive you need to stay with the group.

(2) Jurors favor the general consensus

(3) Moe Levine’s argument: You are the voice and conscience of the community communicates that this is an important case that you as a group will be proud of result

• Common juror ideas in medical malpractice cases
• all medical malpractice cases involve the fear that a verdict against the doctor will put doctors out of business. That will mean no medical care for them and their family.

• Informed consent cases involve the idea that it is the patient=s fault for not asking more questions or getting a second opinion. Also, the idea that lawyers are second guessing doctors.

GENERAL JUROR ATTITUDES

(1)        Hospitals = are processing plants

(3)        Work = who you are. It identifies and defines you

(4)        Money = Proof of worth. Importance in society

(5)        Health = movement. Show lack of independence and movement

(6)        Verdict = Establish rules for society

(7)        Lawyer’s role: to be a teacher who doesn’t exaggerate, but just teaches.

COGNITIVE NEUROSCIENCE

• The juror’s emotional response determines the significance of the evidence

• Jurors’ concentration is like a TV remote and clicking through the programs to decide what to watch. It only takes seconds to form an impression and opinion

• The stories we tell ourselves or we create by impression become our  reality. Impression is more important than logic. Trials are battles of impression and not logic

MEDICAL MALPRACTICE

• Proving causation is more important than proving liability or damages. The question is: What happened? How could it have been prevented? If you don’t prove causation neither negligence or damages matter.

• Use rules of medical conduct to show the standard of care expected. Then point out: Why did that standard of care exist? Answer: to prevent what happened here from happening again.

HUMAN MIND CHARACTERISTICS  

• In research studies, people’s ability concentrate with verbal communication is ten minutes on the average. If you haven’t captured their interest in the first ten minutes you will have lost their attention. .

•  Research shows that general presentations should be no longer than thirty-minute segments. Try to add a new meaning or interest factor every ten minutes.

• The brain processes meaning before it processes details. Concepts should be first framed as to meaning and only after that provide the details of meaning

• The subconscious brain dictates almost all of our actions without our knowing it. That’s why jury interviews and exit polls as to reasons for actions are worthless if taken at face value. The major truth is: Don’t bother asking why, because they don’t know why but will still give a reason they create.

• Emotion is in involved in every decision we make. People are subconsciously motivated to act. People actions and decisions are dictated by emotions like, anger, fear or love. The primitive brain reacts to any new situation by issues of whether it involves fighting, fleeing, feeding or mating. These reactions are immediate, subconscious and beyond conscious control. The immediate concern is for survival and dictates self interest as the primary drive