The impact on verdict decisions of jurors’ emotional reactions to a case story has been a consistent concern for litigators, especially for those handling cases involving serious injury. Of course, jurors are instructed that they must put sympathies aside and decide a case solely on the facts. But this conjures the question of whether jurors can truly follow that instruction and, knowing that they are not supposed to use their sympathy in decision making, what do they do with that sympathy?
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