Persuasion Archive

  •             Consider the humble timeline. A trial graphic staple, it is often the first to be constructed. There are even computer applications devoted to the automatic creation of timelines. However, in spite of the widely held opinion that storytelling is the most powerful means of communication, […]

    The Graphics Guy: Turning Timelines into Plotlines

    by Jason Barnes             Consider the humble timeline. A trial graphic staple, it is often the first to be constructed. There are even computer applications devoted to the automatic creation of timelines. However, in spite of the widely held opinion that storytelling is the most powerful means of communication, […]

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  • We experience a wide range of emotions every day: a bad mood because we skipped breakfast, anger because we got cut off in traffic, and even nostalgia from receiving an old picture of high school friends over email. To be sure, the insight that emotions influence judgment existed long before […]

    Grime and Punishment: How Disgust Influences Moral, Social and Legal judgments

    by Yoel Inbar, Ph.D. and David Pizarro, Ph.D. We experience a wide range of emotions every day: a bad mood because we skipped breakfast, anger because we got cut off in traffic, and even nostalgia from receiving an old picture of high school friends over email. To be sure, the insight that emotions influence judgment existed long before […]

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  •           A principal function of the civil justice system is to make whole any person injured by another’s careless or intentional actions, insofar as that is possible. In theory, this applies to all types of injuries, whether they are of a physical, psychological, financial, or property nature. […]

    Injured Body, Injured Mind: Dealing with Damages for Psychological Harm

    by Brian Bornstein, Ph.D. and Samantha Schwartz           A principal function of the civil justice system is to make whole any person injured by another’s careless or intentional actions, insofar as that is possible. In theory, this applies to all types of injuries, whether they are of a physical, psychological, financial, or property nature. […]

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  • What Is Anti-Muslim Bias? Imagine being a woman in your 70s bound to a wheel chair.  You have just lost your husband.  You are pleading with the justice system to enforce your rent control rights in an apartment where you have been paying rent, for over 20 years. You wear […]

    Strategies and Tactics for Addressing Anti-Muslim Bias in the Courtroom

    by Naveen Khan What Is Anti-Muslim Bias? Imagine being a woman in your 70s bound to a wheel chair.  You have just lost your husband.  You are pleading with the justice system to enforce your rent control rights in an apartment where you have been paying rent, for over 20 years. You wear […]

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  • There are two great benefits that proponents of forensic animations like to advertise about their product.  The first is that that having a courtroom animation increases the persuasiveness of an argument and the second is that an animation creates a lasting visual impression that is retained in jurors’ memories longer […]

    The Lesser Known Benefits of Forensic Animation

    by Eugene Liscio There are two great benefits that proponents of forensic animations like to advertise about their product.  The first is that that having a courtroom animation increases the persuasiveness of an argument and the second is that an animation creates a lasting visual impression that is retained in jurors’ memories longer […]

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  • There is only one true measure of a good legal graphic: does it persuade the trier of fact to “buy in” to your client’s point of view? That, after all, is the point of any courtroom presentation, and it makes no sense to spend your time (or your client’s money) […]

    Discover the Power of Conceptual Persuasion

    by Karyn J. Taylor There is only one true measure of a good legal graphic: does it persuade the trier of fact to “buy in” to your client’s point of view? That, after all, is the point of any courtroom presentation, and it makes no sense to spend your time (or your client’s money) […]

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  • Like lab rats hunger for food, people who judge a moral wrongdoing may hunger for the wrongdoer’s punishment.  Neuro-imaging research even confirms that anticipation of a wrongdoer’s punishment activates a “pleasure center” of the brain (de Quervain, et al., 2004). Simply put, people are driven by punitive motivation. Also like […]

    Do Liberals and Conservatives Punish Differently?

    by Bryan L. Koenig, M.A. Like lab rats hunger for food, people who judge a moral wrongdoing may hunger for the wrongdoer’s punishment.  Neuro-imaging research even confirms that anticipation of a wrongdoer’s punishment activates a “pleasure center” of the brain (de Quervain, et al., 2004). Simply put, people are driven by punitive motivation. Also like […]

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  • Oftentimes, our ultimate goal when interacting with others is to change their mind and eventually their behavior. This change is called persuasion (Brock & Green, 2005). The judicial process is itself a display of social interaction with the ultimate goal of persuasion, from the authoritative figure of the judge to […]

    Using the Science of Persuasion in the Courtroom

    by Edward Burkley, Ph.D. and Darshon Anderson Oftentimes, our ultimate goal when interacting with others is to change their mind and eventually their behavior. This change is called persuasion (Brock & Green, 2005). The judicial process is itself a display of social interaction with the ultimate goal of persuasion, from the authoritative figure of the judge to […]

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  •          By now, the advice to “use a trial theme” is or should be familiar to any practicing litigator.  It is intuitive to discover and use a statement that unifies and embraces your view of the entire case.  But crafting the right theme involves much more than […]

    Getting Beyond the Catchy Phrase and Creating a Trial Theme that Truly Works

    by Ken Broda-Bahm, Ph.D.          By now, the advice to “use a trial theme” is or should be familiar to any practicing litigator.  It is intuitive to discover and use a statement that unifies and embraces your view of the entire case.  But crafting the right theme involves much more than […]

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  •   What is Death Qualification?   Death qualification is a process unique to capital trials in which venirepersons (i.e., prospective jurors) are questioned about their beliefs regarding the death penalty. In order to be eligible for capital jury service, a venireperson must be able and willing to consider both legal […]

    Caveats of the Death-Qualified Jury: Ways Capital Defense Attorneys Can Use Psycholegal Research to Their Advantage

    by Brooke Butler, Ph.D.   What is Death Qualification?   Death qualification is a process unique to capital trials in which venirepersons (i.e., prospective jurors) are questioned about their beliefs regarding the death penalty. In order to be eligible for capital jury service, a venireperson must be able and willing to consider both legal […]

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