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Personal Injury Juries: Overcoming Politics and Conspiracy Theories

Contending With Cognitive Consistency, Understanding the Effect of the Pandemic, Framing Arguments for Intuitive Processing

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Monday, October 28, 2024

Recorded event now available

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This CLE webinar will discuss the influence of political leanings and conspiracy theories on juries and how to address them. The panel will review traditional views on the relationship between politics and responsibility, the psychological make-up of a conspiracy theorist, why it has become significant for juries, and how to potentially identify conspiracy theorists, as well as offer strategies for converting these jurors despite unshakeable convictions.

Description

Conventual wisdom has been that political leaning plays a role in how a juror might assign responsibility in a civil case. Conservative, Republican jurors could be relied on to emphasize personal responsibility and favor the defense, and liberal, Democratic jurors could be generally counted on to emphasize social responsibility and favor plaintiffs.

A growing subset of jurors on both ends of the political spectrum now believe, generally, that powerful interests are secretly controlling important events and that common sources of information, scientific evidence, experts, and institutions cannot be trusted. These jurors can be almost impossible to persuade with evidence and logic. However, according to researcher Nick Polavin, these conspiracy theory jurors pose significant consequences for the defense because extreme right-wing conspiracy theory jurors are intensely pro-plaintiff.

When necessary, counsel can present the case in a way that appeals to how these jurors process information. Another option is to wrap the arguments around the jurors' extreme beliefs by framing the arguments using some of those beliefs and only asking them to accept a limited amount of new information.

Listen as this panel offers guidance about techniques to overcome long-held, unshakable beliefs in general and then how to approach juries where that unshakable belief may seem impervious to facts or logic.

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Outline

  1. Traditional views on the relationship between politics and responsibility
  2. The psychological make-up of a conspiracy theorist
  3. Impact of conspiracy theorists on juries
  4. How to potentially identify conspiracy theorists
  5. Strategies for converting these jurors despite unshakeable convictions

Benefits

The panel will review these another key issues:

  • What is cognitive consistency and why is it so powerful?
  • What is the effect of the pandemic on the rise of conspiracy theories?
  • How does one wrap an argument around an audience's existing beliefs?

Faculty

Broda-Bahm, Ken
Dr. Ken Broda-Bahm, Ph.D.

Senior Litigation Consultant
Persuasion Strategies

Dr. Ken Broda-Bahm has provided research and strategic advice on several hundred cases across the country for the past...  |  Read More

Gray, Marchello
Marchello D. Gray

Partner
Hollingsworth

Mr. Gray is a key member of the firm’s Complex Litigation, Pharmaceutical Products, and Toxic Torts &...  |  Read More

Williams, Carrie
Carrie J. Williams

Partner
Goodell, DeVries, Leech & Dann

Ms. Williams is a partner at Goodell DeVries and a member of the firm's Appellate Practice Group. She represents...  |  Read More

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