Maximize Your Verdict Using Practical Tips from the Latest Neuroscience Matthew L. Ferrara, Ph.D. Westlake Trial Consulting, LLC and Sean Hanko, BSCECE.

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Presentation transcript:

Maximize Your Verdict Using Practical Tips from the Latest Neuroscience Matthew L. Ferrara, Ph.D. Westlake Trial Consulting, LLC and Sean Hanko, BSCECE Res Ipsa Litigation Support, LLC

Challenge Question #1 Decide the occupation of a man named Steve. Is he a farmer or a librarian? Steve is very shy and withdrawn, invariably helpful, but with little interest in people, or in the world of reality. A meek and tidy soul, he has a need for order and structure, and a passion for detail.

Challenge Question #2 List of words: candy, flan, sour, sugar, ice cream, taste, honey, chocolate, cake, vanilla, cupcake, brownie, pie

What did you have for breakfast this morning? What is the last dessert you ate?

Challenge Question #2 Which of these words appeared in the previous list of words? pudding taste fudge sweet

Challenge Question #3 Do you flip the switch? Who lives? Who dies?

Challenge Question #1 Decide the occupation of a man named Steve. Is he a farmer or a librarian? Librarian? WRONG You used the Representative Heuristic 2014 Census Farmers = 21 million Librarians = 98 thousand

Challenge Question #2 Which of these words appeared in the previous list of words? pudding - taste - fudge - sweet Answer: taste Memory rewrites reality Use of rhetoric to improve memory

Challenge Question #3 Who saved the 100 people? Who saved the brother? Moral Theme – Care vs. Harm Intuitive response; logic is used to justify intuition

Decision Making

Story Model Jurors reach a verdict by assembling “the evidence into a coherent whole that is consistent with the facts of the case and makes sense given their knowledge.” - D.J. Devine (2000) THEORY

Traditional Story Model Facts & Argument s Verdict Story THEORY

Two Process Theory System 1 System 2 Subconscious ConsciousTHEORY

The conscious is just the tip of the iceberg… THEORY

We decide with intuition and emotion, then we backfill with reason and logic. THEORY

Reference Materials THEORY

The Neural Story Model Facts & Arguments Verdict Story THEORY Confabulation System 1

System 1 in Action Ford Testing THEORY

THEORY

System 1 in Action THEORY

THEORY

From Theory to Practice Moral Themes Heuristics Rhetoric THEORY

Verdicts are Moral Decisions THEORY MORAL THEMES

Six Universal Moral Themes Care vs. Harm Fairness vs. Cheating Loyalty vs. Betrayal Authority vs. Subversion Liberty vs. Suppression Sanctity vs. DegradationTHEORY MORAL THEMES

When you go back to your office, we want you to use Moral Themes by…. THEORY MORAL THEMES

Best Practices The first side to claim the Care vs. Harm theme has the upper hand The most effective way to trump the Care vs. Harm theme is to use the Fairness vs. Cheating Moral Theme Show – Don’t Tell THEORY MORAL THEMES

Heuristics A mental shortcut that makes it easier for an individual to reach a decision THEORY MORAL THEMES HEURISTICS

Anchor Point Heuristic What are the last two digits of your social security number? How much would you pay for this bottle of wine? THEORY MORAL THEMES HEURISTICS

Availability Heuristics THEORY MORAL THEMES HEURISTICS

Availability Heuristics

Representative Heuristics A mental shortcut that occurs when a person makes a judgment about some unfamiliar topic, based upon prototypes or stereotypes of other similar topics. THEORY MORAL THEMES HEURISTICS

Representative Heuristics Steve is a farmer. No, wait, he’s a librarian. THEORY MORAL THEMES HEURISTICS

Jury Selection and the Authority Heuristic THEORY MORAL THEMES HEURISTICS

Authority Heuristic in Trucking Case THEORY MORAL THEMES HEURISTICS

Rhetoric “to discover the best available means of persuasion” - Aristotle THEORY MORAL THEMES HEURISTICSRHETORIC

SimilePunRhymeMetaphorIronyAlliteration Figures of Speech THEORY MORAL THEMES HEURISTICSRHETORIC

When you go back to your office, we want you to use Rhetoric by… Substitution Technique 1.Find a memorable phrase, tagline or figure of speech 2.Identify the key words of the phrase 3.Remove the key words 4.Substitute key words that fit your case THEORY MORAL THEMES HEURISTICSRHETORIC

Substitution Techniques Opposites Related Words Rhyme THEORY MORAL THEMES HEURISTICSRHETORIC

Opposites THEORY MORAL THEMES HEURISTICSRHETORIC It was the best of times - it was the worst of times. Bright Days - Dark Nights Do not dwell in the failures of the past – if you seek success in the future.

Speak to the ear - write to the eye. We can't solve today’s problems – with yesterday’s solution. Your faults as a son – are my failures as a father. Related Words THEORY MORAL THEMES HEURISTICSRHETORIC

I cannot achieve – what I cannot perceive. If the glove doesn't fit – you must acquit. Lose weight now – ask me how! Rhyme THEORY MORAL THEMES HEURISTICSRHETORIC

Try it for yourself…. THEORY MORAL THEMES HEURISTICSRHETORIC

Thank You!