Transcript Effective Courtroom Communications

Effective Courtroom
Communications
Multidisciplinary Training
KwaZulu Natal
May 20, 2005
What is Communication?
• Communication is the transmission of ideas
to others.
• The message, in order to be effectively
interpreted by the jury, must be familiar to
them.
• Unless the communication is geared to the
judge or jury, it will be neither effective nor
persuasive.
Getting the Message Across
Effectively
• In Court, the communications which the
lawyer, and the witnesses, make must be
designed to persuade the judge and jury.
• The language of the law, and of law
enforcement, medical and mental health
witnesses, is simply not readily
understandable to 99% of American juries.
Non-Verbal Messages Reinforce,
or Contradict, What is Being Said
• The communications process takes place on
several levels, often at the same time.
• What is verbally communicated is either
reinforced or contradicted in some way by
what is communicated through non-verbal
methods.
• For Example: Open-Ended questions during
voir dire. (e.g. Chambermaid)
Non-Verbal Communication
• Facial expressions, body movements, gestures.
Helpful during cross-examination when an
obviously untruthful witness is testifying. Facial
expression communicates absolute skepticism or
scorn to the jury.
• Visual Communication. What is communicated
verbally can be enhanced by visual demonstration,
a “show and tell” type presentation. Example: Gun
point rape victim unable to remember the
defendant’s hair style, hair color, the clothing, etc.
Types of Courtroom
Communication
• Direct communications to the jury, where
attorneys talk to and interact with the jurors during
voir dire.
• Direct communications through opening
statements and arguments, but where attorneys
only talk to the jury without receiving any verbal
response.
• Indirect communication to the jury, where the
attorneys communicate with witnesses during
questioning, but really seek to communicate with
the jury, for whose benefit the questioning is being
conducted anyway.
Types of Courtroom
Communication
• Indirect communication to the jury by way
of the jury charge
How to Capture the Jury’s
Attention
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At beginning of case jury’s attention is high
As case wears on jury needs to stay engaged
Attention-Getting Devices:
1. Visual Processes- in court
demonstrations, pictures, charts, diagrams,
exhibits
• 2. Unpredictability-revealing new matters to
the jury at appropriate points in the case
How to Capture the Jury’s
Attention
• 3. Tone of Voice-fluctuations in voice tone,
modulation, pace of questioning, loudnesssoftness
• 4. Interaction between participants-includes
exchanges between attorneys, witnesses and
attorneys, and attorneys and the Court
Non-Verbal Communication
• Body language:
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Nodding
Pacing
Hand on chin
Crossing arms
Turning back to witness
Shaking head
Selecting the Best Body
Distances
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Seinfeld close talkers
Zone of personal comfort/social space
Approaching witness
Standing behind witness
Non-Verbal Communicative
Tools
• Eye Contact-minimal eye contact = less
credible; too much eye contact =
aggression, hostility.
• Facial Expressions-scorn, disbelief, anger,
puzzlement
• Body gestures-pounding fist, opening arms,
leaning forward/backward, accusatorial
pointing
Body Language and What it
Means
• Crossed arms: disbelief, rejection, defiance,
lack of openness
• Hand on Chin or Covering Mouth:
puzzlement, wonder, perhaps serious
thought
• Back Leaning: rejection, lack of interest or
boredom
Body Language and What it
Means
• Forward Leaning: interest, intensity,
importance in jury’s mind of matter being
communicated
• Rapid or frequent eye blinking:
nervousness, puzzlement, disbelief
• Crossing Legs: nervousness
• Head Nods: agreement/disagreement
• Nervous Hands: deception, unease
Maintaining Juror Interest
• Think about word choices
• Avoid legalese and formal/technical
language:
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Don’t say: “Exit the vehicle”
Do say: “Get out of the car”
Don’t say: “prior/subsequent”
Do say: “before/after”
Visual Communications
• The best trial lawyers were the best
kindergarten students.
• Show and Tell
• A combination of visual and verbal
communication increases comprehension by
50% over verbal communication
Visual Communications
• Go to crime scene
• Use words to enable jury to visualize the
facts “in their minds eye”
• Draw diagrams
• Use computer animation/morphs
• Reenactments
• TEACH, DON’T TESTIFY
Above all else:
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BE HONEST
BE PROFESSIONAL
BE PREPARED
STAY ABOVE THE FRAY, LET THE
LAWYERS BE THE ADVOCATES