Why Impressions and Visuals Matter to a Jury: True Life Trial Tales
Many jurors make decisions based on their gut. Not the lawyer's eloquent and impassioned words. Not the damning exhibit or testimony. Not the razor-sharp cross examination. And that's where visuals can make the difference.
November 08, 2019 at 04:24 PM
4 minute read
A friend recently told me about when he was a juror on a civil trial regarding an unpaid invoice. His story made me shake my head. He said that at one point during the trial when the jury was sent back to the jury room, one of the jurors blurts out, "Well, I think he's guilty" referring to the plaintiff. The foreperson's response was that the plaintiff is the one suing and that this isn't the type of case where someone is guilty. The juror's retort was "I don't care" and that he still thinks "the guy is guilty."
The juror's complete misconception mirrors my own observations on three juries. During deliberations on one criminal case, a juror started crying about the defendant being set up. The first and only time anyone mentioned a set up was by defense counsel during closing arguments in an unsubstantiated throw-away comment. During deliberations on another criminal case, one of the jurors exclaimed, "I think he [the defendant] did it!" The foreperson explained that the jury has to decide if there is sufficient proof for each element one at a time.
Under the law, someone cannot just be "guilty" or have done "it" without consideration of the elements and proof. But, make no mistake, in the minds of many jurors, there is nothing else.
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