Focus the Jury on the Harms and Losses
Jurors have been bombarded with the images of ‘tort reform’. They have been bombarded with stories of how juries have gone wild. When sitting on the jury, they anxiously glance around to see who all of the crazy bastards are. Not only do they not trust us as attorneys, they are also distrustful of each other.
According to David Ball, we have to change our tactics to survive. He suggests building the theme that the only things the jury is allowed to consider is the level of harm and the level of losses.
But it’s not enough to throw that out in closing arguments, you have to build it from the beginning. From voir dire, through your opening statement, direct and cross examinations as well. For a way on how to include the information on your opening statement, look here.
