PsyBlog writes that when we tell a good story about why we think what we do about others we are usually wrong. That is, when we try to describe the factors that are important to us in coming to a conclusion/decision about whether we like someone we usually identify factors that don’t actually matter at all.

In other words, when I think about why I judge a person about something—I am usually wrong.

So when mock jurors say “character doesn’t matter, it’s the facts that matter”—this is why they are wrong.  They like to imagine that they are objective, and to them this means a dry assessment of the evidence.

But it is more than that, and their effort at constructing a ‘just world’ is a powerful element. It is frankly pointless to try to stop jurors from doing it—you can’t fight human nature.

The best testimony is a hybrid of important facts and a window into the character of the witness and the parties.  Character matters, and if your client is woefully lacking, your challenge is to create a context for their inadequacies that mitigates the impact.

He isn’t insensitive—he is a geek.

She isn’t cruel—she is protective.

Sequence your case narrative so that good character shines through and jurors see that even though your client may have made some bad decisions, s/he is likeable and a well-intended person.

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1. Jessica Bregant says:

   July 18, 2011 at 4:55 PM

   Blawg you should be reading: The Jury Room http://t.co/emswqoc — Today's topic – does Black + Gay = Likeable?
2. Paul Birch says:

   April 29, 2011 at 8:55 PM

   RT @changingminds: Keene Trial Consulting's 'Jury Room' — blog on persuading juries: http://lnkd.in/Cbs7W9
3. Dave Straker says:

   April 29, 2011 at 3:54 PM

   Keene Trial Consulting's 'Jury Room' — blog on persuading juries: http://lnkd.in/Cbs7W9
4. pixie658 says:

   January 12, 2011 at 2:55 AM

   @pourbrew Came across this blog tonight while looking at researchblogging.com under Psychology. http://bit.ly/zX49W
5. Robert Richards says:

   August 8, 2010 at 2:28 PM

   We invite you to visit our firm blog (The Jury Room) for litigation advocacy ideas at http://keenetrial.com/blog/ (via @KeeneTrial)
6. Yosie Saint-Cyr says:

   February 12, 2010 at 3:18 PM

   RT @keenetrial Simple Jury Persuasion: She reminds me of my Grandmother… http://bit.ly/9by8RI
7. Cynthia Henley says:

   February 7, 2010 at 8:41 PM

   RT @KeeneTrial: Launching new blog feature Monday: Voir Dire Clinic (send us cases 4 voir dire question ideas) http://bit.ly/1YnQ4O / cool
8. julie campanini says:

   January 20, 2010 at 1:03 AM

   RT @KeeneTrial: New blog post: We act as we believe others expect us 2 act (clues 4 appearing confident in voir dire) http://bit.ly/1YnQ4O
9. Heledd Straker says:

   January 8, 2010 at 5:52 PM

   RT @Eline_Kullock: Generation Y: Just the facts http://migre.me/fTaM #millennials #geny
10. Chad Piotrowski says:

    January 8, 2010 at 5:24 PM

    RT @KeeneTrial: New blog post: Simple Persuasion Strategies: The Alpha & Omega Persuasion tactics http://bit.ly/U0rhA