“‘Attitude alignment’ refers to the tendency of interacting partners to modify their attitudes in such a manner as to achieve attitudinal congruence.” (Davis & Rusbult, 2001)

Researchers have studied this phenomena for years. We want to share two ways this concept is studied: attitude alignment between romantic partners and attitude alignment between strangers. The way strangers persuade or influence each other is obviously different than between people who know and trust each other. Or at least we have to hope so.

[Please put up with a bit of psychobabble here.]   It turns out the important variable is that of normative influence versus informational influence. Romantic partners tend to use normative influence—as in applying peer pressure aimed at the partner’s desire to be liked/loved—to obtain the expressed attitude change of their partner. Strangers, on the other hand, rely more on informational influence—focusing on issue-relevant matters and offering stronger arguments in support of their opinions.  Have you ever had your spouse or date annoyed at you for being hyper-rational when what they wanted was for you to be charming and cajoling?  There you go!  Or maybe that was just me…

When we apply this notion to jurors—who are generally strangers to each other—the importance of giving jurors the information to take back to the deliberation room becomes clear. Peer pressure to conform (the exertion of ‘normative pressure’) is less likely to be effective than focusing on relevant matters and offering strong arguments for their differing opinions (the exertion of ‘informational influence’).  For those jurors who are emotionally driven, they need more of the normative influence, but overall the informative is more powerful.

This past year, we heard a fair amount about ‘hold-out jurors’ who would not support a death penalty sentence (for example, here and here). The death penalty is a unique circumstance with strong feelings on either side and deeply held values that may make consensus impossible.

In litigation situations which are not culminating in literal life and death decisions, it helps to give jurors clear evidence and information that they can take back to the jury room.

• Go through the jury charge item by item and talk to jurors about the evidence you have presented that supports your desired finding on each issue.
  • When there are multiple pieces of evidence to support your assertions, remind the jurors of all of them.  Jury instructions may say that the verdict is about the quality of the evidence, not necessarily the quantity of it, but jurors often disagree.  They like piles evidence.
• Memorable visual exhibits and demonstratives can also support your case in the deliberation room. Remind jurors that a specific graphic shows the evidence for this specific issue on the charge.
• In case planning you want to start at the end (with the jury charge) to plan how you will present the case to the jurors. What evidence supports what aspect of the charge? What visuals can help jurors understand the relationships in this part of the charge?

Know what jurors need to know to apply informational influence and achieve true ‘attitude alignment’ in the deliberation room.

Davis, J.L. and Rusbult, C.E. (2001). Attitude alignment in close relationships. Journal of Personality and Social Psychology, 81(1), 65-84.

Related posts:

1. Simple Jury Persuasion: The ‘one at a time’ effect
2. Simple Jury Persuasion: The ‘what the hell’ effect
3. Simple Jury Persuasion: Beware what the other side will tell you…
4. Simple Jury Persuasion: Countering jury decision-making biases
5. Simple Jury Persuasion: Look inside at the very best ‘you’ there is…

1. Vito CHANG says:

   September 9, 2010 at 5:19 AM

   RT @steigerlaw: Simple Jury Persuasion: The ‘attitude alignment’ effect & persuasion (The Jury Room) http://bit.ly/cc6Zx7
2. Lowell Steiger says:

   September 9, 2010 at 5:01 AM

   Simple Jury Persuasion: The ‘attitude alignment’ effect & persuasion (The Jury Room) http://bit.ly/cc6Zx7
3. alltop law says:

   September 3, 2010 at 1:10 PM

   Simple Jury Persuasion: The ‘attitude alignment’ effect & persuasion http://bit.ly/cHxIZT