May

    Give the Jury What It Wants! [CC]

    1 PM EDT

    Understanding the quirks of the human decision-making processes and tailoring a case to those will not magically win an otherwise frivolous case, but it may help nudge the jury in a close one. Learn how you can apply behavioral psychology research on decision-making to tailor your cases and guide juries to the right result.

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    Although not perfectly rational, juries are excellent decisionmakers. Jurors bring with them shared experiences, common sense, and some cognitive limitations. All of these elements- each essential to our shared paradigm of human decision making- help make the jury system exceptional at dispensing justice.

    Behavioral psychology revolutionized our understanding of how decisions are made. Economists won the Nobel Prize by applying these principals to show that logic cannot always explain people's choices-society is not comprised of perfectly rational actors. Instead, research shows that people make sacrifices to arrive at what they believe is a satisfactory outcome: they "satisfice." Stated differently, people rarely make a decision based on complete information (even if the information is available); they take shortcuts; they understand the gist. These principals are used every day across industries to unconsciously sway people's behavior.

    At trial, if the evidence is rigorously analyzed, there are likely two possible conclusions- but jurors will commonly see only the gist. Jurors typically assess credibility, weigh evidence, and reach a conclusion without analyzing every detail. Therefore, a good trial lawyer must ensure jurors see the gist of the case. Presenting stacks of evidence-lines on the page-is not enough. Trial lawyers cannot assume that merely because they can easily discern the subject of the evidentiary picture, jurors see the same thing. If evidence is not enough, how, then, can trial lawyers persuade jurors? That is, how does the trial lawyer best convince jurors that they're looking at a picture of the subject that the lawyer sees? Our panelists provide examples of several prominent heuristics that apply to the types of decisions juries often make.

    Interdisciplinary research about decision making has significant applications for not only understanding jury verdicts, but also how trial lawyers can tailor their cases to nudge juries to the right result. This program summarizes key research and focuses on techniques and principals to help lawyers win.

    Event Details

    Duration

    60

    Format

    Web

    Date

    May 17, 2021

    2021-05-17T13:00:00-04:00 2021-05-17T14:00:00-04:00 Give the Jury What It Wants! [CC]

    Understanding the quirks of the human decision-making processes and tailoring a case to those will not magically win an otherwise frivolous case, but it may help nudge the jury in a close one. Learn how you can apply behavioral psychology research on decision-making to tailor your cases and guide juries to the right result.

    Sponsors

    Section of Litigation

    Panelists

    Christopher William Patton

    John S Adams

    MCLE Information

    The ABA will seek 1.00 general CLE credit hours in 60-minute-hour states, and 1.20 general CLE credit hours in 50-minute states. Credit hours are estimated and are subject to each state’s approval and credit rounding rules.

    View - MCLE Details

    Deaf/Hard of Hearing Attendees

    CART (Communication Access Realtime Translation) service provides instant accessibility for the deaf and hard of hearing by delivering the spoken word as a realtime stream of text. CART service for this program is firewall-friendly and works in almost any network environment with Internet access, and is compatible with all major web browsers.

    Read more about - Webinar Features

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