Greetings from New Orleans

Greetings from Salt Lake City

FROM NITA CITY

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PERSUASION

People watch News
that FITS their Views

We SEE What We BELIEVE

We Hear What We
WANT to Hear

Open Minds??

• "Schema" = Organized Patterns of Thought
• Drawn from Preconceived Biases
• The Framework that Enables us to make Sense of Story
• Helps Organize Case Information
• Critical to how Jurors interpret Evidence and Thematic Arguments

Jurors vote for their Views

LINK TRIAL TO ATTITUDES & BELIEFS

Confirmational Bias
"want to hear confirmed what we believe is right"

We marginalize or ignore
evidence that is at ODDS with
Beliefs\Values

Distort & Twist Evidence

People Only See

Winning

IN ACCORD WITH OUR BELIEFS AND VALUES

Winning

SHOWING THE STORY CONFORMS TO THEIR VALUES AND BELIEFS

Trial
Who did What to Whom
&
WHY?

Character Conduct CHOICE

We JUDGE people by their
MOTIVATION

Assess FAULT by
KNOWLEDGE
&
CONTROL

IF JUROR FORMS A FUNDAMENTAL BELIEF ABOUT CASE EARLY

VERDICT IS THE PRODUCT of

SHOW...not Tell

TEACH...not Preach

TEXT...not Test

3 S's of Success

• SIMPLE
• SINCERE
• SUCCINCT

MOVE HEART

Make Them CARE

Give them the WILL
&
Show the WAY

VISCERAL
&
VISUAL

Storytelling

OF DEFINING IT

Story

• How we process facts
• Makes ideas stick
• Involves
• How we solve problems
• ARGUES

Trial story

• engages listener
• inspires caring
• empowers judging
• involves listener in life
• you become "truthgiver"

Drama is Conflict
Conflict creates Tension
Tension leads to Crisis
Crisis causes Caring
Caring is Involvement

We Hopelessly
&
Helplessly
Suspend Reality
to
Become Emotionally Involved in the
LIFE of Another PERSON

The Plot

Theme

The Message with a Meaning

• brings case to LIFE
• makes legal issues RELEVANT
• sets stage for EVIDENCE
• makes case REAL
• engages MIND moves HEART

What is a Good Opening to Them?

• Should be the BEST part
• Satisfies need for INFORMATION
• Confirms their BELIEFS\proves your story is theirs
• Shows who is the "truth giver"
• starts them judging "evildoer" & involves them in your story

Winning Opening

• Drops into STORY
• Sets THEME
• Focuses on "evildoer"
• Reveals the MOTIVATION
• Reveals your "people story"

Winning Opening

• Begin with HEADLINE
• Hang the "HOOK"
• Focus on THEME
• Focus on critical decisive CHOICE
• How Choice led to HARM

FOCUS ON EVILDOER

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Order of the Winning Opening

• Drop listener into STORY\set THEME
• Focus on EVILDOER's bad CHOICE
• Assess relative KNOWLEDGE & CONTROL
• What RULES were broken & MOTIVATION
• Show CAUSATION & HARM follows

"If the opening were the whole trial...

Cornell Univ. 2005

12.5%
Pre-decisional BIAS
Evidentiary BIAS

YOU LOSE

DO,S

• begin with BANG
• tell your STORY
• focus on "evildoer"
• make WEAKNESS part of story
• SIMPLE EASY SHORT

DONT'S

• waste 1st minute
• be REACTIVE
• give too MUCH
• BORE them
• take the FUN away

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Baby Shoes

For Sale...

Never Worn

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THANKS for Inviting Us

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