Demonstrative Evidence Overcomes Juror Boredom

January 22nd, 2010

Novice jurors have high expectations of their role in the legal process. Regrettably, they may discover that they are bored by their courtroom experience.

graphics overcome jury boredom

Trial graphics overcome jurors' boredom by engaging the their interest.

  • Bored with courtroom proceedings. Jurors may feel that “the necessary tedium of building a case [is] boring and irrelevant.” 1
  • Bored with attorneys. Ronald Arden, a lawyers’ coach says, “Jurors come into the courtroom expecting Perry Mason.” Unfortunately, some feel like “they’re getting Mickey Mouse.” 2
  • Bored with evidence. “An expert whose testimony at trial consists of… complex, technical jargon and analysis more than likely will confuse, bore, and eventually alienate the jury…” 3

Demonstrative evidence overcomes juror boredom by engaging the juror’s interest through effective and efficient learning.

The role of the juror as strictly a passive listener is uncomfortable, boring, and frustrating for some individuals…. The ideal solution to relieving juror stress during these cases is to make the trials more interesting…. Using demonstrative evidence such as charts, graphs, and video technology also can communicate a great deal of information in an effective and efficient manner…4

The use of interesting visual aids during every portion of their experience will keep jurors engaged in the process. The courts could begin by show­ing videos about the legal system while jurors are waiting to be called into a court. The court could use visual aids to explain complex definitions during jury selection. Attorneys could use demonstrative evidence during their opening in order to orient the jurors to the nature of the trial and then continue to use the visual aids to summarize and explain the facts. Expert wit­nesses could use demonstrative evidence to illustrate, de­monstrate, or elaborate upon their testimony. The intensive use of visual aids will focus jurors’ attention and prevent them from becoming bored.

__________

1Joyce E. Tsongas and Arthur D. Monson, “The Powerful and Mysterious American Jury: Common Misunderstandings by Attorneys, Judges and the Public,” Washington State Bar Association, Aug. 2002. http://www.wsba.org/media/publications/barnews/archives/2002/aug-02-powerful.htm.

2J.D. Reed, “They’re Playing Up to the Jury,” Time, Aug. 01, 1988. http://www.time.com/
time/magazine/article/0,9171,968039,00.html.

3David Groth, “Ten Tips for Subrogation Success.” http://www.claimsmag.com/cms/
Claims/Templates/website/PrinterFriendly.aspx?%7B30003CE4-D4FC-45B7-A537-4C767642A139%7D

4Through The Eyes Of The Juror: A Manual For Addressing Juror Stress, National Center for State Courts, 1998; p. 27, 32. http://www.ncsconline.org/WC/Publications/Res_Juries_
JurorStressPub.pdf.

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The Demonstrative Evidence Blues

January 19th, 2010

Use the color blue carefully when creating demonstrative evidence because blue objects are difficult for the viewer to bring into focus.

Fig. 1: The central portion of the retina, where detail vision occurs, has a low sensitivity to blue light.

Fig. 1: The central portion of the retina, where detail vision occurs, has a low sensitivity to blue light.

The central portion of the eye’s retina, where details come into focus, is highly sensitive to red and green light but has low sensitivity to blue. Only 5% of the color receptors in the retina are blue sensitive and even these are infrequent in the eye’s central focusing area (see Fig. 1). The result is that the eye is strained when the viewer tries to focus on blue details. While a large block of blue is easily rec­ognized, the edge of the blue object will be difficult to detect—especially if it is adjacent to another blue object.

Fig. 2: Blue light is out of focus when the lens of the eye focuses red and green light on the retina.

Fig. 2: Blue light is out of focus when the lens of the eye focuses red and green light on the retina.

Also, the refraction of blue light through the lens of the eye is different enough from red and green light so that when it brings red and green into focus, blue is slightly out of focus (see Fig. 2). Again, the eye strains to bring blue into focus against the eye’s overwhelming preference for red and green. Fine lines and thin text are particularly difficult to view if they are shown in blue.

The use of blue should not be abandoned. Blue is an excellent background color for the very reason that it is a poor choice as a fore­ground color: blue objects tend to be out of focus. A background that is slightly out of focus will make the foreground details more vivid.

When blue is need as a foreground color, the best treatment is to use a shade of blue (black added to blue) on a light gray background. (All colors appear more vivid when it is displayed against a gray background.) Another option is to put a black border around the blue object so that the edge is distinct.

Blue carries psychological strength. It is the color of faithfulness (true-blue), protection (uniforms are often dark blue), and tranquility (the ocean and the sky). Classic combinations of blue include:

blue text on white background white text on blue background
blue text on gray background yellow text on blue background
blue text on khaki background orange text on blue background

The use of blue as a background color or as a carefully planned foreground color enhances demonstrative evidence. However, be aware of potential eye strain that may result when illustrating details with blue.

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Discovering Corporate Culture

December 7th, 2009

Several years ago, I took a position as the new Executive Director of a plateaued nonprofit. The directors stated that they wanted to expand the constituency and the services provided by the organization. However, whenever ideas for new strategies were presented, the Chairman disapproved and the other board members sat in silence. After a few board meetings, I realized that the directors echoed the “actual” corporate culture while I strived to introduce a “desired” corporate culture. My inexperience had led me into a tribal culture where the Chairman was the patriarch. My options were:

  • resign and find a corporate culture the was more to my liking;
  • adopt that culture and maintain the status quo; or
  • invest years of work in order to bring about change.

I decided that it was time for me to invest the time to learn how to adapt to cultures and how to lead people into healthier corporate cultures. Following are some of insights I gained during my discovery of corprate culture.

Corporate Culture Defined

Corporate culture influences every aspect of a firm’s activity. It has been described as:

The way things get done around here (Marvin Bower, quoted by T.E. Deal and A.A. Kennedy, Corporate Cultures: The Rites and Rituals of Corporate Life, 2000).

A pattern of shared basic assumptions that the group learned as it solved its problems of external adaptation and internal integration, that has worked well enough to be considered valid and, therefore, to be taught to new members as the correct way you perceive, think, and feel in relation to those problems (Edgar Schein, Organizational Culture and Leadership, 1992).

Pervasive, deep, largely subconscious, and tacit code that gives the “feel” of an organization and determines what is considered right or wrong, important or unimportant, workable or unworkable in it, and how it responds to the unexpected crises, jolts, and sudden change (BusinessDictionary.com).

New books, such as, Tribal Leadership(Dave Logan, John King, & Halee Fischer-Wright, 2008) and Transparency(Warren Bennis, Daniel Goleman, James O’Toole, 2008) focus on the issues of identifying corporate culture and encourage leaders to develop cultural intelligence (CQ).

Emerging and Receding Cultures

Corporate cultures emerge from the larger social context, either in agreement with the dominant culture or in reaction to it. As long as the surrounding culture is healthy and able to resolve problems, the corporate culture will be an extension of it. However, if the surrounding culture is unable to resolve its problems, the corporate culture will reflect a new solution or revert to older patterns. These emerging and receding values follow a predictable pattern of cultural development, which will not culminate in perfection but will continue to develop indefinitely (Clare W. Graves, “Human Nature Prepares for a Momentous Leap,” The Futurist, 1974).

Chaos. A chaotic corporate culture is short-lived. It may appear if the firm is downsizing, merging, or being bought out. Uncertainty and fear is high and selfish behaviors abound. Personal survival is the driving concern. Example: looting often occurs when a natural disaster destroys the infrastructure of a community.

Tribal Community. Family operated businesses reflect the family’s traditional values. Its strength is the deep level of commitment to the organization’s continued success. Examples: family businesses, small town school districts, traditional religious organizations.

Battlefield. Emergency service providers need a clear hierarchical command structure in order to quickly make, communicate, and implement crucial decisions. Strategies are rehearsed in order to ensure compliance with commands. Examples: military, law enforcement, firefighters, search and rescue, athletes.

Bureaucracy.Large organizations often depend on policies, SOPs, and other rules that determine how it conducts its affairs. The goal is to establish orderliness and then maintain the status quo. Morality and meaning govern ethical behavior. Specialization flourishes. Examples: government agencies, courts.

Free Enterprise. Profitable, competitive businesses seek minimal regulation or government oversight. Organizations are “results-driven.” Innovation and technology are highly valued. Examples: corporate America, Microsoft, Wall Street

Interest Groups. Acceptance and belonging is more important than productivity and profit. Groups form around causes: environment, human rights, civil rights, etc. Examples: Sierra Club, animal rights, Doctors without Borders.

Multicultural. Organizations with diverse ideology and customs have the potential of tremendous insights or frustrating misunderstandings. It seeks to find the “big picture” of problems and solutions that are of a global scale. Examples: global village, virtual offices, Whole Foods.

People are drawn to a culture and its associated values because it “feels right” to them. The self-evident truths are called memes; a word created by Richard Dawkins to describe “a unit of cultural transmission, or a unit of imitation” (Richard Dawkins, The Selfish Gene, 1976).

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Public Speaking Essential #4: Enthusiasm

November 16th, 2009

Omitting one of the Public Speaking Essentials (Clarity Accuracy Relevance Enthusiasm) can result in a presentation that is confusing, inaccurate, irrelevant, or uninspiring.

Enthusiasm: Know Yourself

Enthusiasm is communicated in your voice. Enunciation, inflection, speed, pauses, and timbre can add enthusiasm. Slurred words and low volume can imply a lack of enthusiasm.

Enthusiasm is communicated in your body language. Raise an index finger when speaking about “point one,” stretch out your arms when you say “this big,” and move to the right or left when you talk about “this or that.” Begin with a smile.

Enthusiasm is communicated in your confidence. Enthusiasm overcomes the fear of public speaking. (Public speaking consistently ranks high in the list of phobias.) A speaker who is consumed by the presentation is not concerned about whether he/she might look foolish in front of the audience. Consider how the following intense emotional drives would convey enthusiasm for the subject matter and the audience.

  • enthusiasm applies to lively or eager interest in or admiration for a proposal, cause, or activity
  • passion applies to an emotion that is deeply stirring or ungovernable
  • zeal implies energetic and unflagging pursuit of an aim or devotion to a cause  (http://www.merriam-webster.com/)

Summary

The acronym CARE (Clarity Accuracy Relevance Enthusiasm) serves as a memory aid for speakers that want to strengthen these skills.

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Public Speaking Essential #3: Relevance

November 13th, 2009

Professionals need to excel in public speaking.  Presentations are opportunities to cast vision, market products, and invite participation. The four essential elements of successful public speaking are clarity, accuracy, relevance, and enthusiasm.

Relevance: Know Your Audience

Knowing your audience allows you to know their need(s). An audience gathers to hear a speaker because of a perceived need. The need may be to gather information, to gain skills, to be entertained, or to be motivated.

Knowing your audience allows you to connect with your audience. Connecting with an audience is accomplished by identifying with their values. This can be expressed through vocabulary (technical or nontechnical), attire (casual, semi casual, or formal), ideology (conservative, moderate, or liberal), and a variety of other qualities. In general, the presentation should be consistent with the audience. For example:

  • Tribal audiences  relate to speeches about their heritage (examples: family businesses, traditional religious organizations).
  • Warrior audiences relate to speeches about victories over an enemy (examples: military, police force, firefighters).
  • Expert audiences relate to speeches about morality and knowledge (examples: lawyers, doctors, teachers, clergy).
  • Achiever audiences relate to speeches about personal accomplishments (examples: entrepreneurs, CEOs, athletes).
  • Egalitarian audiences relate to speeches about acceptance and restoring justice (examples: environmentalists, civil rights advocates).

Knowing your audience allows you to find and use the proper anecdotes. Anecdotes help the audience to visualize how abstract information can be applied in their own lives. They also build a bridge between the speaker and audience through the vicarious experience. The appropriate humorous story has the benefit of increasing the audience’s receptivity to the speaker and the presentation.

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Public Speaking Essential #2: Accuracy

November 11th, 2009

Four essential elements of successful public speaking are clarity, accuracy, relevance, and enthusiasm.

Accuracy: Know Your Material.

Know your subject. Talk about what you know. A great speaker talks from the overflow of knowledge about the subject. If you use someone else’s idea in your presentation,
give them credit. For example, Carmine Gallo credits Steve Jobs for his presentation style in a great internet video at http://www.bnet.com/2422-13722_23-192173.html.

Know your argument. An accurate presentation consists of a main proposition with supporting evidence. Accuracy is being honest with your audience.

Know your material well enough that you can speak without notes. Speaking without notes demonstrates to the audience that you know your material. Freedom from looking at your notes also allows you to maintain eye contact with the audience.

Know what to leave out of your presentation. Inexperienced speakers want to tell it all. Unfortunately, a single speech cannot covey all that you know about your topic. Knowing your audience determines what you should keep and what you can leave out of a particular presentation.

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Public Speaking Essential #1: Clarity

November 10th, 2009

Twenty years of public speaking experiences have taught me four essential elements of successful public speaking: clarity, accuracy, relevance, and enthusiasm. These four elements will ensure your success, whether you speak to large audiences or small, whether you speak in your hometown or internationally.

Clarity: Know Your Outline

Clarity is the ability to convey information in a way the allows the audience to follow your thinking. It requires the speaker to communicate in complete thoughts.

A clear presentation begins with the introduction.  The introduction may be inductive or deductive.

  • Inductive: “Today, I am going to talk about four elements of public speaking,”
  • Deductive: “Today, I am going to talk about four elements of public speaking, which are clarity, accuracy, relevance, and enthusiasm.”

The difference between inductive and deductive introductions is that the inductive style tells the audience the subject of the talk but not the complement(s), while the deductive style states both the subject and the complement(s). Deductive presentations are more clear because the main idea is stated. Inductive presentations can be more suspenseful because the audience is waiting to hear the complement.

A clear presentation includes transitions. Transitions provide the structure that the audience needs to follow the speaker’s unstated outline. Three examples of transitions are:

  • ordinals (first, second, third),
  • sequences (let’s begin with, next, last), and
  • repetition (”a clear presentation [begins],” “a clear presentation [ends],” and “a clear presentation [includes]“).

Transitions are especially vital for inductive speeches because the audience does not know the complement(s) of the presentation. They are the road signs that tell the audience they are following the map that you suggested in the introduction.

A clear presentation ends with the conclusion. The conclusion may summarize the main points of the speech or challenge the audience to take action. A summary does not introduce new material, for example, it does not offer a solution to a problem presented in the speech.

Clarity is the first essential element of public speaking. Inexperienced speakers underestimate the importance of providing a clear introduction, conclusion, and transitions; therefore, the audience is not able to follow the logic of the speaker and may become restless or bored.

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