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6 Trial Excellence 1 (1994)

handle is hein.journals/jurexp6 and id is 1 raw text is: 



        Trial Excellence

        Volume 6, Number 1
        January, 1994



Is Your Jury Getting Antsy?


     How can you tell when you've lost the audience? What are the signs that
your jury is either bored or, worse, running out of patience with you and your
presentation?

     You need to be aware of the reactions of your jury, without overtly studying
them, so you can make subtle adjustments. In this way, you avoid scuttling your
presentation on the rocks of juror indifference.

     First, there are verbal signs. People inadvertently reveal their emotions with
various audible clues. The most prominent is the sigh. Letting out a deep stream
of air is evidence of impatience. You need to make some immediate assessments:

      1. If the sigh comes after one of your questions to a witness, you may be
beating a dead horse. Have you already established your point? If so, save it for
closing argument.

     It may also be that the sighing juror thinks you're going after unimportant
things, minutiae unrelated to the main point. If this is crucial information, forge
on and get what you need quickly. But if you can leave this area of questioning
without damage, do so.

  IssueH:ighligts:              2. The sighing juror may be making an un-
........        ...warranted prediction about the immediate
      .. .future. Maybe he thinks he is in for a long,
 S.. iting tip                boring section of trial. There is a danger in this
                              because a juror in such a condition is less
 * Your mythi TW              likely to concentrate on what happens. He may
                      ............  miss some essential points.
 *Voird r t p        .......... . ..........

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