Themes: A Key to Persuading Jurors
We are all aware that jurors have difficulty processing information presented at trial—particularly complex information. Research* indicates that jurors accurately remember approximately 60% of the facts of the case and only 30% to 50% of the judicial instructions. In addition, research tells us that jurors are basically story builders and story matchers. They process the information at trial in an attempt to develop a "story" for what happened. Once jurors decide on a story, they try to match it to the decision alternatives presented in the jury instructions. The story-building process goes on during the trial and is not delayed until deliberations start. Ninety percent of jurors decide on a story before deliberations.
How do you get jurors to process the information into an understandable and compelling story that fits the case? Creating a theme is central to accomplishing this task.
What Are Themes?
Themes encapsulate the case...