by: Dr. Kevin Boully
Jurors don’t know what they don’t know, and key learning moments are a powerful thing.
Juror hindsight bias is a well-established challenge. When you need jurors to suspend judgment and see the facts from your client’s or key witness’s perspective despite knowledge of the outcome, unfold the narrative of your case story strategically, like an episode of CSI. Preview for jurors the evidence as it became available to the case characters, and help jurors experience your client’s thought processes and actions more directly. Do it with a couple of dramatic storytelling strategies: