Watching the Derek Chauvin trial on Youtube live has been stressful to say the least. The public gets to see this horrific scene played out over and over again on video from various angles. The emotions are present in every moment, from the time the police arrive on the scene until the aftermath where the ambulance takes the dead body away of a man who was clearly distressed. The entire time the police on the scene showed no empathy, and the video evidence already sways the jury – and the public – against the defendant. So how does Chauvin’s defense team act? Also lacking empathy and lacking an understanding of the jury’s emotions.
How should an attorney not deal with emotional scenes in trial to win the jury?
Juries are humans, and humans are emotional beings. Plaintiff Magazine gives the following advice to deal with jury’s emotions.
“DO NOT present conclusions. Instead, show the facts that led to the feeling or emotion.
DO NOT present highly emotional exhibits without first explaining their purpose.
DO NOT do things that will make any of the jurors cry in the courtroom.
DO NOT tell the jury how they should feel unless you are doing it in an empathetic way during voir dire.
DO NOT use witnesses simply for their emotional appeal.”
How should an attorney deal with emotional scenes in trial to win the jury?
“DO be professional with opposing counsel at all times, especially when you do not want to.
DO present the factual story that leads up to the emotion.
DO spend time discovering your client’s story and understand what scenes and themes will evoke emotion.
DO reflect on your own life experiences so that you can truly experience your own emotions and feelings.
DO look at the hearts, minds and eyes of the OTHER person. Practice this every day by using role reversal and empathetic listening techniques. If you do not know how to do this, you can take a class or purchase books or audio CDs that will teach you how to use these tools.”
If you’re representing a client such as Derek Chauvin, and there is clearly an emotional side to the plaintiff’s argument, including a large amount of video evidence such as in the George Floyd case, try to have some empathy – unlike the cold, stoic defenders of the police who the jury is already biased against.
Source: https://www.plaintiffmagazine.com/recent-issues/item/emotion-in-the-courtroom-persuasion-or-poison