We all know the problems of dealing with the conservative jurors we find on our panels. Every panel has them. So what are the ways to deal with them? A considerable study has been made on what motivates the conservative juror and what appeals to their value systems.
The research about the “reptilian brain” confirms that survival is one of the most basic human instincts. This drive operates subconsciously and overrides conscious decision-making as a general proposition, said a San Diego personal injury attorney at the Nakase Law Firm.
For the reptilian brain, rules are the primary way to survive in a hostile world. Anything that promotes order in a dangerous world aids survival. Jury verdicts are seen as a means of enforcing rules by establishing community standards for conduct, advised business litigation attorney in Orange County, California Business Lawyer & Corporate Lawyer, Inc.
Making people accountable reinforces rules and promotes safety.
Emphasizing DUI law is consistent with the subconscious drive for survival. Complex situations are dangerous because there are unseen and non-understood parts to a problematic situation.
Keeping things simple means safety. Keeping issues and your case simple are compatible with the drive for survival. Significant life experiences are recorded in our minds and influence our views. These experiences are powerful enough to override even reptilian subconscious drives. When someone has had a life-changing experience, it stays with them and is superior to any conscious logical thinking that is contrary.
Most conservatives have commonly held ideas about values. Research has indicated these ideas include the importance of duty, responsibility, and enforcement of the law rules. Family values and being accountable are also important. Therefore, people who think this way are motivated to follow a law they don’t entirely agree with. Emphasizing the jury instructions fits this thinking process.
Most conservatives believe that people and corporations should be responsible for their actions. They think America is made stronger when people and corporations are held accountable. Most believe a jury system is a powerful tool for positive changes.
Communication concepts
We know that most of our communication is nonverbal. Research shows that seven percent of our communication is by our words. Thirty-eight percent by the way we talk and 55 percent by how we look or act. That means that 93 percent of our communication is nonverbal.
Argument factors to consider. It’s important to remember that a trial is not a battle of logic. It is, instead, a battle of impression. People form opinions and conclude subconsciously based on multiple images they receive and only then rationalize those opinions or findings by the logical process. Once they start these opinions or beliefs, they tend to filter out anything that conflicts with them.
Focus on the impression and not the logic. Think about the issues and people’s fundamental values. Consider how your client’s case would look to a group of people who don’t know them the way you do.
Cases have themes whether you give them one or not. If you don’t try to frame the piece of your case for the jury, they will do it for you. The statement: “This case is about. … ” is part of the mental process the jury will go through in evaluating your client’s case. What is the fundamental issue the case presents?
