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1Maximize Your Verdict Using Practical Tips from the Latest NeuroscienceMatthew L. Ferrara, Ph.D.Westlake Trial Consulting, LLC andSean Hanko, BSCECERes Ipsa Litigation Support, LLC2Challenge Question #1Decide the occupation of a man named Steve. Is he a farmer or a librarian?

Steve is very shy and withdrawn, invariably helpful, but with little interest in people, or in the world of reality. A meek and tidy soul, he has a need for order and structure, and a passion for detail.

3Challenge Question #2List of words:

candy, flan, sour, sugar, ice cream, taste, honey, chocolate, cake, vanilla, cupcake, brownie, pie 4What did you have for breakfast this morning?

What is the last dessert you ate?5Challenge Question #2Which of these words appeared in the previous list of words?

puddingtastefudgesweet6Challenge Question #3Do you flip the switch? Who lives? Who dies?

7Challenge Question #1Decide the occupation of a man named Steve. Is he a farmer or a librarian?Librarian?WRONGYou used the Representative Heuristic

2014 CensusFarmers = 21 millionLibrarians = 98 thousand8Challenge Question #2Which of these words appeared in the previous list of words?

pudding - taste - fudge - sweet

Answer: taste

Memory rewrites reality

Use of rhetoric to improve memory9Challenge Question #3Who saved the 100 people? Who saved the brother?

Moral Theme Care vs. Harm

Intuitive response; logic is used to justify intuition10

Decision Making11Story ModelJurors reach a verdict by assembling the evidence into a coherent whole that is consistent with the facts of the case and makes sense given their knowledge.- D.J. Devine (2000)THEORY12Traditional Story Model Facts & ArgumentsVerdictStoryTHEORY13

Two Process TheorySystem 1

System 2

SubconsciousConsciousTHEORY14The conscious is just the tip of the iceberg

THEORY15We decide with intuition and emotion,then we backfill with reason and logic.

THEORY16Reference Materials

THEORY17The Neural Story ModelFacts & ArgumentsVerdictStoryTHEORYConfabulationSystem 118System 1 in Action

Ford Testing

THEORY19

THEORY20

System 1 in ActionTHEORY21System 1 in Action

THEORY22From Theory to Practice

Moral ThemesHeuristicsRhetoricTHEORY23Verdicts are Moral Decisions

THEORYMORAL THEMES24Six Universal Moral ThemesTHEORYMORAL THEMES25When you go back to your office, we want you to use Moral Themes by.

www.moralfoundations.orgTHEORYMORAL THEMES26Best PracticesThe first side to claim the Care vs. Harm theme has the upper hand

The most effective way to trump the Care vs. Harm theme is to use the Fairness vs. Cheating Moral Theme

Show Dont TellTHEORYMORAL THEMES27HeuristicsA mental shortcut that makes it easier for an individual to reach a decision

THEORYMORAL THEMESHEURISTICS28Anchor Point HeuristicWhat are the last two digits of your social security number?

How much would you pay for this bottle of wine?

THEORYMORAL THEMESHEURISTICS29Availability HeuristicsTHEORYMORAL THEMESHEURISTICS30Availability Heuristics

31Representative HeuristicsA mental shortcut that occurs when a person makes a judgment about some unfamiliar topic, based upon prototypes or stereotypes of other similar topics. THEORYMORAL THEMESHEURISTICS32Representative HeuristicsSteve is a farmer.

No, wait, hes a librarian.

THEORYMORAL THEMESHEURISTICS33Jury Selection and the Authority Heuristic

THEORYMORAL THEMESHEURISTICS34Authority Heuristic in Trucking Case

THEORYMORAL THEMESHEURISTICS35Rhetoric

to discover the best available means of persuasion - Aristotle THEORYMORAL THEMESHEURISTICSRHETORIC36Figures of Speech THEORYMORAL THEMESHEURISTICSRHETORIC37When you go back to your office, we want you to use Rhetoric bySubstitution Technique Find a memorable phrase, tagline or figure of speechIdentify the key words of the phraseRemove the key wordsSubstitute key words that fit your case

THEORYMORAL THEMESHEURISTICSRHETORIC38Substitution TechniquesTHEORYMORAL THEMESHEURISTICSRHETORIC39OppositesTHEORYMORAL THEMESHEURISTICSRHETORICIt was the best of times - it was the worst of times.

Bright Days - Dark Nights

Do not dwell in the failures of the past

if you seek success in the future.40Speak to the ear - write to the eye.

We can't solve todays problems with yesterdays solution.

Your faults as a son are my failures as a father.Related WordsTHEORYMORAL THEMESHEURISTICSRHETORIC41I cannot achieve what I cannot perceive.

If the glove doesn't fit you must acquit.

Lose weight now ask me how!RhymeTHEORYMORAL THEMESHEURISTICSRHETORICRhymeResearch on memory has concluded that we retain many more details if verbal material is presented in rhyme as opposed to un-rhyming prose. Any use of rhyme will make your statements more memorable. Combining rhyme with counterpoint is double-dipping in the memory pool. I cannot achieve what I cannot perceive.If the glove doesn't fit - you must acquit. Lose weight now ask me how!

42Try it for yourself.THEORYMORAL THEMESHEURISTICSRHETORIC43Thank You!444546