Everything a Juror Needs to Decide a Case They Learned in Kindergarten
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Kindergarten is a microcosm of life, wherein little people come together who do not know each other and must learn to get along, cooperate and solve problems. In kindergarten, children learn to work through problems. Serving on a jury requires a parallel process: Jurors come together with all different life experiences and they must work together to reach a verdict. There are several basic life lessons that we all learn in kindergarten that jurors will undoubtedly bring to the courtroom with them. Applying this understanding to jury selection and trial will ensure that litigators maximize their time in voir dire and obtain the jurors best suited for their cases.
1. Right and wrong. Much pride is had in teaching children right from wrong, but it is in kindergarten where many children have the chance to put what they have learned in life to the test. Likewise, in the courtroom, jurors want to discover on a very basic level who is right and who is wrong. Does someone need to be taught a lesson? Jurors will be asking themselves this question and it is up to you to explain why or why not.
2. Consequences. While many children learn that actions have consequences before they arrive in kindergarten, kindergarten will be the place that they see this principle in action. Similar to the notion that jurors have a strong desire to determine right and wrong, it is equally important that they hold someone accountable for their actions and that the appropriate consequences are yielded. Again, it will be up to you explain the relevant consequences and how those consequences impact your case.
3. Simple words, thoughts and stories. One of the most simple, yet highly important techniques that a great trial lawyer can bring to the courtroom is being able to effectively communicate with their juries in a clear and concise manner. This means never using a big word when a little word will suffice. Recently, an otherwise fantastic lawyer unfortunately had a vocabulary that was entirely too big for effective communication in the courtroom. During his opening statement, the attorney explained to the jury that he would bring them a witness who would “opine” on a certain aspect of the case. Robert cringed and the vast majority of the jury looked confused. Many lawyers worry that “dumbing it down” will come across as condescending and offensive—do not worry about this. “Dumbing it down” only sounds condescending when it is poorly delivered. As often is the case, it is how you deliver, not as much what you deliver.
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