Don't try to change the minds of jurors. It's Physics 101!

Published: 03/30/2017

After many, many years of watching yuJURORs review and deliberate over cases, I have come to the conclusion that Newton's 3 Laws of Motion determines their decisions in every case.  Attorneys must adhere to  these laws from the initial intake of the case, into discovery to evidence presentation and trial strategy and through the trial itself.  I call my theory "POSITIONING". To refresh your memory (they say memory is the first thing to go), Newton's 3 Laws of Motion are:

Law of Motion 1:
Objects tend to "keep on doing what they're doing" (unless acted upon by an unbalanced force). If at rest, they will continue in this same state of rest. If in motion, they will continue in the same state of motion.  The state of motion of an object is maintained as long as the object is not acted upon by an unbalanced force. All objects resist changes in their state of motion - they tend to "keep on doing what they're doing

Law of Motion 2:
Acceleration is produced when a force acts on a mass. The greater the mass (of the object being accelerated) the greater the amount of force needed (to accelerate the object).

Law of Motion 3:
For every action, there is an equal and opposite reaction. In every interaction, there is a pair of forces acting on the two interacting objects. The size of the forces on the first object equals the size of the force on the second object. The direction of the force on the first object is opposite to the direction of the force on the second object. Forces always come in pairs - equal and opposite action-reaction force pairs.

I will discuss my POSITIONING theory in greater detail in later blogs.  What you need to understand now is that juror's come into a courtroom with a preconceived set of beliefs.  I call these their CORE BELIEFS.  These CORE BELIEFS have been instilled in each of them from the totality of their life experiences. 

These CORE BELIEFS have anywhere from 18 to 100 years of life experiences behind them. These CORE BELIEFS are at rest and they consist of a huge mass of life experiences.  There is going to have to be a huge force to change these CORE BELIEFS, and if that force is used there is going to be a massive equal and opposite reaction.  The long and short is that CORE BELIEFS cannot be changed and attorneys should avoid attempting to change them at all costs.  Instead, they should adhere to Newton's 3 Laws of Motion and POSITION facts in such a manner that does not require a juror's CORE BELIEFS to change in order to find in their client's favor.  Does this make sense to you attorneys out there?

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