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Jury Trials Outside In

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ISBN: 9781601565488
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This guide goes beyond the topic of jury psychology. Instead, it speaks to the psychology of all of the people involved in a case and how that psychology affects the manner in which we make decisions and communicate at trial. Specifically, Dr. Gomez examines key aspects of the psychology of jurors, attorneys, judges, and witnesses and analyzes how each person influences the way a case is presented to and received by jurors. Dr. Gomez takes real-life stories from the road and ties them to theory and research from disciplines such as psychology, advertising, marketing, politics, homeland security, and sociology. The goal is to understand human nature as it applies across multiple contexts so you can learn a practical lesson as it applies to the courtroom.

This guide helps attorneys take a step back to address the big picture of a case, to step outside of their own viewpoint, and to turn their perspective of their case outside-in. It is a conduit that connects psychological principles applicable to civil and criminal cases, to plaintiffs and defendants, to medical malpractice, product liability, intellectual property, contract, aviation, trucking, and all other cases that involve human beings.

Jury Trials Outside-In serves as an entertaining and helpful companion to both the novice and the experienced litigator as well as anyone who is intrigued by the psychology behind the jury trial.

Authors / Contributors

Table of Contents

CONTENTS 


Foreword

Acknowledgments


Part One:   Understanding Juries
  1.1    Present a Consistent Picture
  1.2    Redefine the Meaning of "Fair"
  1.3    Account for the Third Side of the Story
  1.4    Question the Myth of the Evil Corporation
  1.5    Beware the Smiling Juror
  1.6    Apply Miller's Law
  1.7    Unleash the Power of Mad
  1.8    Use Sympathy with Caution
  1.9    Distinguish the Law from Jurors' Sense of Justice
  1.10  Consider that Common Sense Isn't Always Common
  1.11  Use Disturbing Evidence Only When Necessary
  1.12  Turn Your Perspective Outside In

Part Two:   Choosing Trial Strategies
  2.1    Use Opposing Counsel's Momentum to Your Advantage
  2.2    Validate the Jury's Visceral Response
  2.3    Calculate the Impact of Omissions on Trust
  2.4    Keep Key Points from Getting Lost in the Middle
  2.5    Defendants: Fight Liability
  2.6    Plaintiffs: Look Critically at Consortium Claims
  2.7    Defendants: Address Damages
  2.8    Plaintiffs: Assert Punitive Damages Wisely
  2.9    Look at Your Verdict Form-Again
  2.10  Be Wary of Online Focus Groups
  2.11  Transactional Attorneys: Consider the Jury

Part Three:   Deselecting Juries
  3.1    Know Your Biases
  3.2    Think Beyond a Universal Jury Profile
  3.3    Recognize Leaders
  3.4    Ask the Questions You Need to Ask
  3.5    Don't Believe Everything You Read on the Internet
  3.6    Know the Court
  3.7    Use Juror Questionnaires When You Can
  3.8    Construct Voir Dire in Context
  3.9    Keep Track of Your Jurors

Part Four:   Managing Witnesses
  4.1    Make a Case that Fits Your Client
  4.2    Set the Right Foundation for Your Witness
  4.3    Ask the Right Questions Off the Stand
  4.4    Teach Balance in Deposition
  4.5    Understand Culture and Communication Values
  4.6    Recognize Juror Mistrust in an Unreliable Witness
  4.7    Deal with Adverse Witnesses Strategically
  4.8    Know the Real Power of Impeaching
  4.9    Accept that Your Witness May Not Be Likable

Part Five:   Maintaining the Right Case Image
  5.1    Never Underestimate the Power of Just Being Nice
  5.2    Recognize the Reality of Home-Field Advantage
  5.3    Investigate Public Opinion
  5.4    Dress to Impress-Comfortably
  5.5    Be the Right Reflection of Your Client