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Decoding the jury - leveraging decision science for effective trial strategies
Modern Lawyer
Vol. 9 - Iss. 3 pp. 18–24
Oct 2025
Nika Kabiri's article explores how decision science - drawing from cognitive psychology and behavioral economics - can transform trial strategy by helping lawyers understand and influence juror behavior. Jurors rely on intuitive thinking, emotional resonance, and narrative coherence to make sense of complex cases, often shaped by cognitive biases like anchoring and confirmation. Effective advocacy means simplifying evidence, crafting compelling stories, and balancing emotional appeal with credibility. In jury selection, decision science enables lawyers to decode values and biases through open-ended questions and subtle cues, building a jury more receptive to their case. By applying these principles, trial lawyers can reduce uncertainty and enhance their persuasive power in the courtroom.