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I. INTRODUCTION
Persuasion has been defined as the "act of influencing the minds of others by arguments or reasons, by appeals to both feeling and intellect; it is the art of leading another man's will to a particular choice, or course of conduct."1 In the context of a trial, persuasion is the organization of legal arguments and evidence within the framework of court procedures in a way likely to cause the jury to make a certain decision.2 For decades, trial attorneys have acted as amateur psychologists; through intuition and experience, trial attorneys have developed techniques of persuasion in an effort to be more effective in the courtroom.3 These amateur techniques have led to a more scientific approach to jury persuasion. One expert observed that, "all in all, [trial consultants] help lawyers position their cases to juries in much the same way you would sell a bar of soap . . . . "4 Former Supreme Court Justice Tom Clark has suggested that attorneys pay attention to communications research in order to understand the kinds of techniques that influence a jury.5
Since the 1970s, volumes of scientific literature have been published on trial advocacy and the psychological principles associated with jury persuasion;6 continuing legal education seminars are offered in this area as well.7 Although psychologists are employed in cases where the economic or political issues warrant such an expense, attorneys have increasingly applied these scientific techniques on their own.8 Just as professionals in other fields eagerly employ the latest and greatest technologies, attorneys have also eagerly embraced social-scientific principles of persuasion in an effort to gain a competitive edge in the courtroom.9 With these powerful new tools comes responsibility; some experts have raised concerns over possible unethical use of scientific techniques of persuasion.10 Experts warn that persuasive techniques could lead to an erosion of the judicial system in the United States."
II. TECHNIQUES OF PERSUASION
It has been said that trial advocacy "requires the lawyer to engage in a practical application of psychological knowledge, and it is the obligation of every lawyer to succeed in doing so."12 Through anecdotal stories presented in trial advocacy literature and personal experiences, this section discusses various advocacy techniques and explores the scientific basis behind them.
A. Jury Selection Techniques
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