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Juror Trial Practice Guidance Jury Instructions

Holland & Hart - Your Trial Message

Know Your Jurors’ Anger Buttons

The instructions for jurors are clear: They are to take an issue that has no effect on them, listen dispassionately to the evidence and arguments, apply the facts to the law, and make a decision. That is the model, but in...more

Holland & Hart - Your Trial Message

Pre-instruct Your Jurors on Hindsight

Jurors are often put in the position of assessing the probability or risk of something at the time a decision was made, before the consequences can be known. “How likely is it that a given result will be the outcome from a...more

Holland & Hart - Your Trial Message

Appreciate that Your Jurors Need Informal Conversation

A couple of months ago, I helped to run the Online Courtroom Project’s demonstration jury trial using Zoom. Like a number of other experiments and actual trials going forward across the country, jurors showed up via laptop...more

Holland & Hart - Your Trial Message

Address the ‘My House, My Responsibility’ Analogy

There is a persistent belief among many mock jurors that I have seen in certain kinds of cases. The belief is that liability attaches automatically to possession, and jurors usually express it through the lens of home...more

Holland & Hart - Your Trial Message

Address Identity and Not Just Belief

Who is a juror? Experienced legal persuaders know a juror isn’t just a passive receptacle for your arguments, and isn’t just an instrument, a route or obstacle to your preferred verdict in the case. Instead, a juror is fully...more

Holland & Hart - Your Trial Message

Turn Your Passive Juror Into an Active Advocate: Seven Ways

Persuading a group that will then go off and deliberate is a unique persuasive setting. In a way, it can be called ‘Second Order’ persuasion, because it isn’t just about the person being convinced in the moment they’re...more

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