It should come as no surprise that jurors don’t want to be there. But have you ever asked yourself why that is?
The obvious answer is that no one wants their day or week interrupted, but there are much deeper reasons, neurological reasons that take jurors captive.
David Rock, in his book Your Brain at Work lists five sociological factors that when threatened, the brain views as an attack. Those factors form the SCARF model:
What process threatens all five of these factors at once? Jury selection.
Think about it: jurors must speak in public. This threatens status. What if they say the wrong thing? Stutter? Embarrass themselves?
There’s no certainty for jurors. They don’t how or if they’ll be picked to serve. They don’t know what the case is about. They don’t even know when lunch is.
Jurors are forced to participate, restricting their autonomy. They cannot choose to opt out. They’re forced to be there.
Jurors don’t know you, defense counsel, the judge or each other. Most of us wouldn’t go to a cocktail party by ourselves, much less jury selection, but jurors are forced to go it alone. Jury selection creates a lack of relatedness.
And although all eligible Americans may be called for jury selection, that’s no comfort to the jurors. On this day, they’ve been called to jury duty and even though it’s not unfair, it sure feels like it.
Jury selection takes jurors captive by taking their brains hostage. They feel under attack due to lack of status, certainty, autonomy, relatedness and fairness. And it’s your job to set them free.
You must reverse the threat jury selection creates and help your hostages become heroes.
Welcome to the From Hostage to Hero blog. In this blog and accompanying podcast, I’ll teach you to understand the juror mindset and change your approach. By working with instead of against the jurors, you’ll find your job becomes easier and you may begin to win more too.
Until next week, subscribe to my From Hostage to Hero podcast on iTunes, and join my From Hostage to Hero Facebook group.
Sari has been dubbed the "Attorney Whisperer" because of her unique ability to help attorneys communicate their real selves.