An invaluable resource for experienced trial attorneys, inexperienced trial attorneys looking to advance to the next level of trial practice, and corporate counsel who handle litigation, this book looks at the role courtroom psychology plays in modern trial practice. It covers the essentials of trial practice, including jury selection, opening and closing statements, and questioning witnesses, as well as the key aspects of arbitration hearings and mediations. But what makes this book different from basic trial advocacy primers is its attention to the results of decades of scientific research relating to courtroom psychology (or persuasion psychology). This area concerns how and why jurors, judges, and arbitrators make decisions and how they are influenced. This book examines the role persuasion psychology plays in modern trial practice and how lawyers can use it to their advantage.

Based on tested psychological principles, this work provides practice guidance on selecting the right jury, interpreting nonverbal clues during questioning, obtaining the background to determine real or false psychological injury, on questioning strategy to discredit opposition witnesses, and many other topics. Checklists and step-by-step instructions for all phases of the trial setting are included.

"Successful advocacy approaches are essential for the practice of law. Lawyers, law professors, judges, and other legal commentators have offered numerous recommendations for how trial lawyers can persuade juries, including techniques in verbal and nonverbal communication, attorney demeanor, and so forth. These recommendations have been put into trial practice handbooks and are frequently taught in law schools as part of the trial advocacy curriculum. However, they often rely on popular assumptions or intuition rather than social and behavioral science. Research is needed to differentiate intuition and speculation from scientific proof of efficacy. This book fills this critical gap by reviewing the scientific support for popular advocacy recommendations. It first summarizes trial commentators' recommendations, then reviews the scientific support for these recommendations, and finally evaluates the recommendations in light of the scientific support. Research is culled from not only trial and simulated trial settings, but also other social and behavioral settings. Topics include attorney demeanor, verbal and nonverbal communications, the attorney-client relationship, and storytelling (narrative techniques). This book will appeal to researchers in psychology, communications, linguistics, and other social sciences, as well as trial commentators and practicing attorneys"--Publicity materials. (PsycINFO Database Record (c) 2012 APA, all rights reserved).

Whether you are preparing for your first trial or your hundredth, Trial Advocacy Basics is the book for you. More than just a courtroom primer for novice and experienced trial attorneys, this completely revised edition focuses on what makes jurors tick, and how to effectively communicate the story of your case to both the jury and the judge. From case analysis and theory through cross-examination, impeachment, and closing arguments, Molly Townes O'Brien and Gary Gildin provide cutting-edge perspectives on how jurors think and how to optimize both the style and substance of your trial practice. O'Brien and Gildin relate practical advice on every stage of trial preparation and practice in a straightforward manner, using memorable examples and anecdotes, colorful quotes, and humor to highlight each lesson. New to the Third Edition: A chapter that introduces a new approach to aligning the substance of cases with contemporary findings from neuroscience and cognitive psychology of how the brain makes decisions. A more consistent emphasis across the chapters on the imperative of using the elements of story and stakes to calibrate the substance of a case to how the brain of the finder of fact--jury or judge--will reach a decision. Advice about adapting individual advocacy skills to the remote and hybrid proceedings that are likely to be a permanent fixture of courtroom proceedings post-pandemic. Professors and students will benefit from: A unified approach to crafting the substance of a case and correctly focusing advocacy efforts, founded in contemporary decision science that applies regardless of the facts of the individual case. A systematic approach to each individual advocacy skill, starting with identifying the substantive facts necessary to make a case, proceeding to how best to organizing the facts to maximize understanding and persuasiveness, and finally addressing tactics for delivering the information in court. Advice on adapting advocacy skills to remote proceedings.

This volume presents reviews that critically examine the psychological theory and research relevant to the courtroom trial. Chapters discuss either common courtroom roles involving defendant and victim, juror, jury, judge, and witness, or problems involving court procedures, methodological issues for research, and innovation in the courts.

First Published in 1994. Volume 4 in the 4-volume anthology of scholarly articles titled Readings in Trial Advocacy and the Social Sciences; a series seeking to increase our understanding of courtroom dynamics. This fourth volume consists of six jury instructions, six verdicts and two articles on judicial behaviour. These collection raises issues ranging from ability of jurors to understand judicial instructions to the ability of attorneys to predict the outcome of pending litigation.