Winning a Jury Trial
Wednesday, December 10, 2008 at 08:15PM Jury trials are generally considered a fearsome prospect. Although the thought of getting in front of a jury is very stressful and nerve racking, there are simple principles that, if they are not violated, will carry the day (the day the jury delivers the "not guilty" verdict).
Firstly, the opposition will make every effort to tell a compelling story about your faults, your bad faith, your evil intent and your lies. You must have a more compelling counter story about the injustice being perpetrated by the opposing lawyer, and more importantly, the goverment's witnesses. Violating the jury's expectation of a compelling counter story will cost you the case.
Second, you personally must appeal to the jury in one (or more) of the following ways: (1) physically, (2) emotionally, (3) morally and (4) socially. If you cannot connect to the jurors', then you will not prevail.
Third, your lawyer must portray your humanity, because the jury will infer that the traits they view in you are shared by your lawyer. If the jury dislikes you, they will dislike your lawyer. If the jury likes your lawyer, but does not like you, then you will lose. The key is for your lawyer to find that thing that makes you seem humble, human, vulnerable. The jury's loyalties are with the more vulnerable party.
Fourth, your lawyer's credibility depends on your credibility. If you appear dishonest, but your lawyer appears honest, you will not win. They will think your lawyer is unfairly outsmarting the court and opposing counsel with "slickness." If the jury believes you are honest, then the jury will think that your lawyer is defending justice, and seek to punish the opponent for oppressing an honest person.
Fifth, do NOT forget injustice! As a defendant, if your are not the victim of a great injustice, then you will not win. In other words, you and your lawyer should be pursuing evidence and testimony that shows how you were victimized by the injustice of the more powerful opponent, or by opportunistic and unscrupulous witness who have duped an otherwise honest prosecutor into pursuing their unjust cause.
Sixth, all these points should be woven to connect to a consistent theme from jury selection, to testimony, to closing argument. Simply producing a case that reacts to the opponent's case will not suffice. It is imperative that your case tell an independent story, where you are made vulnerable due to an injustice committed by your opponent or their witnesses.
Jury trials are wars between stories. All the jury will ever know about you will come from your story. What separates a good lawyer from a great trial lawyer is compelling storytelling skills, coupled with the ability to weave the story, the evidence presentation, and the procedural tactics into a winning strategy.
The jury must be moved to your side. They must empathize with you. The must believe that you are in the right and the opponent is in the wrong. Your trial advocate must be experienced in utilizing these techniques, and he or she is, you will come out the victor in your jury trial.