UNDERSTANDING AND APPLYING THE PSYCHOLOGY OF JURY DECISIONS

Trial lawyers need to understand the basic principles of psychology that are involved in jury decision-making. Professor Victoria Finkelstein, J.D. A member of the faculty at Willington University published an article about some of the basic psychological factors involved in our decision-making as human beings that are fundamental. Here are some examples we need to understand in our jury trials.

Primacy Effect

The first information people receive on an issue tends to have an impact that their later analysis of evidence they hear. It’s important that early communications are strong, simple, and clear.

Recent Effect

These recent cognitive results in people remember the most recent information they encountered compared with information that had been presented earlier. In Trials, you should finish with strong persuasive evidence or testimony.

Narrative Presentation vs. Evidence Weight Presentation

Law school teaching tends to emphasize logical analysis based upon a comparison of available evidence to determine the most Likely conclusion. Jury instructions often speak to that idea, telling the jury to determine their verdict on the basis of “the weight of the evidence.” However, research makes it clear that Jurors and all people evaluate facts by creating a coherent story in their mind rather than tally or weigh facts and evidence presented to them. As a result, research consistently has demonstrated that jurors create narratives or stories that “make sense” to them over logical analysis of persuasive facts and evidence. Consequently, the side in a trial that tells the clearest, simplest story is the most likely to be believed, especially when the evidence is complex.

The Halo Effect

Jurors tend to transfer an impression they form about a witness or attorney to their judgment about the issue in controversy. This “Halo effect” of an impression formed directly reflects on their feeling about the issues or credibility of people. As a result, jurors unconsciously equate these favorable or unfavorable impressions with their decisions in the case.

The Importance of Framing

Framing, in communication,  refers to how an outline or description of facts or issues influences people’s perception and judgment. How something is viewed can lead to different reactions depending on how it is described and presented. Farming can strongly affect opinions, choices, and behavior even when the underlying facts are identical. For example, reporting that“90% of patients survive this surgery” compared to reporting that “10% of patients die from this surgery” has a different impact even though both are true.

Confirmation Bias

Research shows that once we have formed an idea about facts or issues, we tend to interpret and remember information that confirms or supports our existing ideas. This is an unconscious process that we are not even aware of happening. People focus on evidence that supports their existing views while ignoring evidence to the contrary. They are also more likely to remember details that uphold their beliefs and forget information that is in conflict. Once jurors lean toward a theory—guilt or innocence—they tend to seek confirming facts and discount contradictions. Consequently, opening statements and the first persuasive witness can set the mental outlook of jurors during the rest of the trial.

Anchoring

Anchoring in persuasion refers to the first information about an idea, issue, or fact that tends to anchor their viewpoint. It is a communication cognitive bias where the first number, idea, or frame people receive can become a mental reference point or “anchor” that can strongly influence how they interpret everything that follows. That is true even when the anchor is an arbitrary claim or statement. One of the most powerful anchors involves numbers like dollar amounts in a trial. Anchors are most effective when they are introduced early, confidently, and clearly without apology, and connected to something as a trigger for the anchor. For example, holding the same exhibit while repeating the anchor or assuming the same physical posture can connect the physical to the anchor without even repeating it verbally. Frequent repetition of the anchor strengthens it each time it is repeated.

Lessons for Trial Practice

 These are a few of the basic psychological principles involved in communication and persuasion that trial lawyers should understand and practice. They are important in our communication with jurors.