Provide the Science Jurors Expect, and the Emotion They Require

by: Dr. Kevin Boully

Jurors demonstrate increasingly demanding and complex expectations for scientific proof in the courtroom.  Gone are the days of extreme concern about over-presenting your case or looking “too slick” in trial.  In most venues, slick is the new standard.  Jurors see high-level graphics and video animation on their televisions at home, on their computers at work, and on their cell phones everywhere else they go.    

Whether you believe in a measurable “CSI Effect” in civil litigation or remain skeptical, trade journals, blogs and academic research all highlight jurors’ evolving expectations of high-tech evidence and high-tech trial presentations.  You and your experts must approach trial ready to give jurors the science[1] and the dynamic presentation of evidence they expect.   

But do not underestimate the critical influence of emotion-based attitudes and beliefs on jurors’ interpretation of evidence – scientific or otherwise.  Science is important, but you must address in equal weight the emotional motivators that drive jurors’ decisions, because those motivators can and do drastically impact the weight of the actual evidence.  When speaking to your tougher audience on the jury, remember a few things: 

Jurors Want the Full Science

·   Show the work behind the work and simply explain the basis for scientific conclusions and opinions.

·   Consider your toughest jurors when securing experts, and present experts more likely to speak to the highest risk juror beliefs and emotions.

 

Jurors Need the Emotional Drivers

·   Tell a story that addresses juror emotion and motivation.  Without a motivating reason to feel good about the science, jurors (and particularly stereotypical pro-plaintiff jurors) will discount or even discredit what your experts say and your evidence shows. 

·   Arrange the science as confirmation of what jurors already know to be fair.  Forcing the science as proof of what’s fair is less palatable to jurors motivated by emotion.

·   Focus your content and “speak to” the jurors most likely to 1) respond to case issues emotionally rather than rationally, and 2) be a jury leader. 

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[1]According to Judge Donald Shelton and researchers, at least 46% and as many as 60% of jurors expect to see scientific evidence in every criminal case and conclude this expectation is driven at least in part by a “tech effect” that can apply to civil litigation as well.