In the courtroom, trial lawyers face the formidable task of persuading a jury. While facts and evidence are paramount, the power of storytelling should not be underestimated. Effective storytelling can transform a series of dry facts into an engrossing narrative that resonates emotionally and intellectually with jurors. Understanding some of the psychological principles behind storytelling can provide trial lawyers with powerful tools to craft more persuasive cases.
Emotional Engagement: The Heart of Storytelling
Humans are inherently drawn to stories. According to Jonathan Gottschall in “The Storytelling Animal: How Stories Make Us Human,” our brains are hardwired to engage with narratives, with evidence suggesting stories played an important role in early human societies and throughout human history (Gottschall, 2012). This engagement is not just a passive interest but an emotional investment. When a story is told well, listeners experience what psychologists call “transportation,” where they become deeply immersed in the narrative world, often experiencing strong emotional reactions that allow them to remember information at a higher rate and have a more favorable attitude towards the story’s source (Lundqvist et al., 2013; Wood et al., 2008).
For trial lawyers, this means that presenting a case as a story can lead to greater juror engagement. By weaving facts into a narrative structure, lawyers can evoke emotions that make their arguments more memorable and impactful. For example, in State of California v. Scott Peterson (2004), Scott Peterson was tried for the murder of his pregnant wife, Laci Peterson. The prosecution crafted a narrative of a seemingly perfect husband who, underneath, was a cold and calculating killer motivated by a desire to be free of his impending fatherhood and marriage. The disappearance of a pregnant woman during the holiday season, the subsequent discovery of her and her unborn child’s bodies, and Peterson’s extramarital affair with Amber Frey, who testified against him, added dramatic and emotional layers to the unfolding story. Ultimately, the jury was swayed by the prosecution’s emotional narrative, leading to Peterson’s conviction.
Narrative Structure: Building a Cohesive Case
A well-crafted story has a clear structure: a beginning, middle, and end. This structure helps to organize information in a way that is easy to follow and understand. In a legal context, this means presenting the case in a logical sequence that builds towards a compelling conclusion.
The beginning should set the scene, providing context and background information. This is where the lawyer introduces the characters (plaintiff, defendant, witnesses) and the central conflict or issue at hand. The middle section should detail the events, presenting evidence and witness testimonies that support the narrative. Finally, the conclusion should tie all the elements together, reinforcing the key points and creating closure with the jury’s sense of justice.
Character Development: Humanizing the Case
Characters are the heart of any story, and in the courtroom, the parties involved in the case are the characters of the narrative. Effective character development helps jurors relate to and empathize with those involved. This can be achieved by providing detailed and relatable descriptions of the individuals, their underlying psychological motivations, and their experiences.
For instance, in a criminal defense case, humanizing the defendant by sharing their background, challenges, and positive attributes can create a more nuanced image that counters a purely negative portrayal. On the other hand, emphasizing the victim’s suffering and the impact of the crime on their life can elicit sympathy and support for the prosecution’s case.
For exampleScrushy (2005), Richard Scrushy, former CEO of HealthSouth Corporation, was tried for accounting fraud. While the prosecution depicted Scrushy as the mastermind behind a massive fraud scheme that deceived investors and the public, the defense portrayed Scrushy as a visionary leader who was unaware of the fraudulent activities carried out by his subordinates. The defense brought in character witnesses to testify about Scrushy’s integrity, generosity, and community involvement. Eventually, the jury acquitted Scrushy of all charges, demonstrating the effectiveness of the defense’s strategy to humanize him via his life’s story.
The Role of Transportation in Persuasiveness
Research by Melanie C. Green and Timothy C. Brock further highlights the concept of transportation through narratives. When jurors are successfully transported into the story, they are more likely to be persuaded by the narrative and less likely to identify any “false notes” or inconsistencies in the information. This immersion makes them less critical and more receptive to the underlying message regardless of if the story in question is being labeled as fact or fiction (Green & Brock, 2000).
To achieve this level of engagement, trial lawyers should focus on vivid descriptions, emotional appeals, and coherent storytelling. Techniques such as using visual aids, tactical reenactments, and compelling witness testimonies can enhance the storytelling experience, making the jurors feel like they are part of the narrative.
Summary
The art of storytelling is a powerful tool in the courtroom. By understanding and applying the psychological principles behind effective storytelling, trial lawyers can craft compelling narratives that resonate with jurors on an emotional level, structure their cases for maximum clarity and impact, and develop characters that humanize the legal proceedings. Research shows when jurors are emotionally and intellectually engaged in a story, they are more likely to be persuaded by the arguments presented, leading to more favorable outcomes in the courtroom.
References
Gottschall, J. (2012). The Storytelling Animal: How Stories Make Us Human. Houghton Mifflin Harcourt.
Green, M. C., & Brock, T. C. (2000). The role of transportation in the persuasiveness of public narratives. Journal of personality and social psychology, 79(5), 701–721. https://doi.org/10.1037//0022-3514.79.5.701
Lundqvist, A., Liljander, V., Gummerus, J., & van Riel, A.C. (2013). The impact of storytelling on the consumer brand experience: The case of a firm-originated story. Journal of Brand Management, 20, 283-297.
