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The psychology of jury persuasion

On Behalf of | May 10, 2019 | Civil Litigation |

Everyone processes information through the lens of their own worldview. This is not necessarily a bad thing; it makes for differences in opinions and interesting debates. But when people are placed on a jury and are expected to make rational conclusions from huge amounts of information, issues can arise.

Before making any type of appearance in court in front of a jury, it is important to understand some of the fundamental psychological insights behind jury behavior. While it is not possible to speak for individual jurors, studies have shown trends relating to the reactions that members of the jury have to certain tactics. The following are some key concepts that relate to the way that jurors react to information.

Mental overload

It is very common for members of the jury to become mentally fatigued by the amount of complex information that they are expected to process and evaluate. While the juror may consciously be determined to resolve this information and arrive at a well-thought-out conclusion, this mental overload may lead to them becoming overwhelmed. This can mean that jurors simply disregard all complex information and base their conclusions on an over-simplistic analysis of the situation or on preexisting prejudices.


Those appearing in court should be wary of trying to actively convince or persuade the jury. This is because overt persuasion tactics are known to often have an adverse effect. We often associate direct persuasion techniques as a type of marketing scam or sales talk; we naturally wonder what the persuader will gain from us accepting their argument. Persuasion can often invite skepticism and rejection of the very argument that is being put forward.

Cognitive dissonance

Cognitive dissonance is a psychological phenomenon that can apply to many situations. It is a term that refers to the complete rejection of a conclusion because it highlights the presence of two conflicting beliefs. This issue can be addressed in court by bringing to light these conflicting beliefs and addressing them individually.

Convincing the jury successfully is far more complex than mere persuasion. It requires a strong understanding of human behavior and thought processes. It is important to understand all aspects of the law in California before appearing in court.



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