Citation

Dooley A, Pfister MB. Dep. Justice J. Fed. Law Pract. 2021; 69(4): 27-32.

Copyright

(Copyright © 2021, United States Department of Justice, Office of the United States Attorneys)

DOI

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PMID

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Abstract

Imagine you're a juror. You're listening to an attorney explain a complex fraud and conspiracy scheme. It's super complicated, a bit boring, and you really can't see how this even matters or what the big deal is. You're bored, you're hungry, you're tired, and you haven't checked Twitter since you checked in as a juror four hours ago. The attorney has just asked the witness to explain something about illegally purchasing widgets, but you missed it, and now she is rattling on about something called a kickback. You're wondering if the witness is wearing a toupee.

Now image you're the attorney. You have a problem, and the first step to correcting any problem is recognizing you have one. Today's jurors, and even judges, are accustomed to receiving information in small chunks: They "YouTube" how to install a ceiling fan or make a souffle; they "Google" what they want to find; and they read snippets of news on their phones. Jurors have also watched decades of television shows in which cases are solved and tried in one hour with incontrovertible forensic evidence and high drama.

In this environment, it is critical to not only present all the information required to prove or defend your case but also do so as concisely and compellingly as possible. Luckily, much research has been done on attention, learning, memory, and decision-making. Courtroom advocates can take advantage of the findings of this research to gain and keep their audience's attention...

Language: en