 |
Home: Press:
Demonstrative Evidence and the Duty to Entertain at Trial
Part 2 of 3 (jump to part
1 here or part
3 here)
Jurors’ Visual Memory
How do you make your case both simple to understand and entertaining?
One obvious answer is to use demonstrative evidence when clarifying
confusing material, distilling core concepts or to accentuate a point.
Jurors retain about 20% of the content of evidence presented from oral
testimony alone. But when oral testimony is combined with illustrative
demonstrative evidence, such as graphs, pictures or blow-ups of documents,
jurors can retain up to 80% of the evidence being offered.
In a study designed to evaluate information retention achieved by groups
of people, the groups were presented with information, tested on it
after three hours, and then again after 72 hours. Those who received
the information orally ("telling") remembered about 70% after
three hours and only 10% after 72 hours. Those who received the information
visually ("showing") remembered about 72% after three hours
and 20% after 72 hours. The group that received the information both
orally and visually ("telling and showing") remembered much
better: they recalled 85% after three hours and 65% after 72 hours.
To ensure your juror remembers your argument by the time they begin
deliberating, use visual demonstrative evidence to support your oral
argument. At every opportunity trial lawyers must use overheads, charts,
pictures and graphics to enhance, explain and summarize … witnesses’
testimony as well as its argument.
Entertaining the Jury and Demonstrative
Evidence
The role of the trial lawyer is similar to that of a movie producer.
The lawyer will show the life of another to be judged by one or many.
Many similarities exist between producing a successful movie and winning
a trial. A good lawyer is like a good movie producer in that they are
both good storytellers. The recipe for a good story includes themes,
suspense, emotion, a few hooks and a good ending.
You are responsible for conveying “plot” details (who did
what, when, where in the context of the facts that led to parties’
litigating), cast of “characters ” (what part does each
litigant and witness play), the sequence of events. Finally, you want
the jury’s emotional response to your case to be within your control.
Jurors are comfortable accepting information and remain more attentive
and interested when given information via a television-like medium.
Armed with this knowledge, you know you must present your case in the
most digestible way.
(continued here...)
End of Part 2 of 3 (jump to part
1 here or part
3 here)
To discuss upcoming litigation, learn
more about these techniques or to have a presentation made to your firm
on these and other subjects, please contact:
Tanya S. Cunningham, JD
sales@animators.com
1.800.337.7697 ext 122
703.548.1799 ext 122
703.548.5450 (fax)
Animators at Law is the nation's leading attorney owned and operated
producer of trial exhibits, jury research and animation. To date, Animators
has consulted on hundreds of significant national cases with cumulative
favorable decisions exceeding one trillion dollars. Our clients include
more than three quarters of the nation's top 20 law firms and hundreds
of others. While most of our team is based in our Washington, DC headquarters,
local offices and relationships allow us to easily work in New York,
Chicago, Los Angeles, San Francisco, Texas, Florida & Philadelphia.
|
| |
|
|
|
| |
|
Privacy
| Legal
©1995-2004 Animators at Law, Inc. All Rights Reserved
|
| |
|
Animators at Law
National Headquarters
814 King Street
Alexandria, Virginia 22314
800.337.7697
|
|
|
 |
