Why Judges Should Study Marketing

Judges need to know marketing. Then the legal system could be fairer. How? Read on.

During a trial, it often happens that an attorney will introduce evidence which is shouldn't be considered by the jury. When this happens, a judge has two options.

One is to declare a mistrial, a very extreme reaction.

The other option is to direct the jury to disregard the information.

The problem with the second option is that it can have the opposite effect. A study by the University of Chicago showed it to be true.

They showed that in injury lawsuits, when evidence was introduced that the defendant was insured against the lawsuit, damages went up 13%.

But when a judge instructed the jury to disregard that evidence, damages went up 40%.

That is, the juries took the insurance information more into account when they were told to disregard it. Here's why.

It comes down to the scarcity principle which Prof. Robert Cialdini talks about in his book "Influence."

When something is "forbidden," it often introduces a greater passion for it, The unavailability makes us want it more.

I also read somewhere that among teenagers, in cases where parents forbid them to have relationships, their relationships often become more intense. Ever see Romeo and Juliet?

The added danger factor adds to the excitement. The craving for the sweet taste of forbidden fruit.

And marketers use this too, it goes without saying.... It's a very good strategy, because it works.

Now.... I know how we can improve our legal system. We just have to make judges study some marketing!

Best wishes,

Dien Rice

P.S. Hope you enjoyed the post.... Now you might want to print this out to show your lawyer!

Hi Dien!

Now here is some food for thought.....I was married to an attorney, maybe he should have considered this stuff.....

> But when a judge instructed the jury to
> disregard that evidence, damages went up
> 40% .

> It comes down to the scarcity principle
> which Prof. Robert Cialdini talks about in
> his book "Influence."

> When something is "forbidden," it
> often introduces a greater passion for it,
> The unavailability makes us want it more.

****I have not read Cialdini, yet what he speaks of is something I frequently witness...at one time in my own life...or when I am not intentional it still shows up there.

When we steep ourselves in scarcity, we will attract guess what? More scarcity. If you are continually saying, "I have no time!" Guess what? You will have no time! If instead you say, "I have plenty of time to get my tasks completed efficiently and effectively" what do you think will happen?

Speaking of Lawyers, when Ken was in private practice, he was chasing dollars. And in being scarce with the chasing (he was consciously chasing) he never had tremendous success. He would say, "Clients keep showing up who can't pay!" so what do you suppose continued to call him and walk through the door?

Its like when you say, "Ok, whatever you do, do NOT think of White Elephants!" what do you think of? Come on, admit it, you are picturing a pearly white pacaderm.....I know you are!

In Proverbs it says, "As a man thinks, so he is"...or in modern terms, "As a man or woman thinks".....so it goes with Judges, Marketers, Teachers, Doctors, and any assorted cast of characters!

Thanks for bringing up a new book I will need to read, Dien! I appreciate it!

With Purpose and Passion,

JULIE

AS I read both the post from Dien and Julie it occurred to me that one should expand on the thought by adding all Attorneys, both for marketing and attraction.

Why? In a courtroom only three people have one thing in common. The defense ATTORNEY, the plaintiff's ATTORNEY and the Judge, who is an ATTORNEY.

Regards,

Rob


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Rob,

Thanks for your post.... It's a good point. :)

Speaking of lawyers.... I thought I'd share this! I got it from here.... -- Dien


Things actually said in the courtroom (really!)

Taken from actual court transcripts. . .

Q: What is your date of birth?
A: July fifteenth.
Q: What year?
A: Every year.

Q: What gear were you in at the moment of the impact?
A: Gucci sweats and Reeboks.

Q: This myasthenia gravis, does it affect your memory at all?
A: Yes.
Q: And in what ways does it affect your memory?
A: I forget.
Q: You forget. Can you give us an example of something that you've forgotten?

Q: How old is your son, the one living with you.
A: Thirty-eight or thirty-five, I can't remember which.
Q: How long has he lived with you?
A: Forty-five years.

Q: What was the first thing your husband said to you when he woke that morning?
A: He said, "Where am I, Cathy?"
Q: And why did that upset you?
A: My name is Susan.

Q: And where was the location of the accident?
A: Approximately milepost 499.
Q: And where is milepost 499?
A: Probably between milepost 498 and 500.

Q: Sir, what is your IQ?
A: Well, I can see pretty well, I think.

Q: Did you blow your horn or anything?
A: After the accident?
Q: Before the accident
A: Sure, I played for ten years. I even went to school for it.

Q: Do you know if your daughter has ever been involved in voodoo or the occult?
A: We both do.
Q: Voodoo?
A: We do.
Q: You do?
A: Yes, voodoo.

Q: Trooper, when you stopped the defendant, were your red and blue lights flashing?
A: Yes.
Q: Did the defendant say anything when she got out of her car?
A: Yes, sir.
Q: What did she say?
A: What disco am I at?

Q: Now doctor, isn't it true that when a person dies in his sleep, he doesn't know about it until the next morning?

Q: She had three children, right?
A: Yes.
Q: How many were boys?
A: None.
Q: Were there any girls?

Q: You say the stairs went down to the basement?
A: Yes.
Q: And these stairs, did they go up also?

Q: How was your first marriage terminated?
A: By death.
Q: And by whose death was it terminated?

Q: Can you describe the individual?
A: He was about medium height and had a beard.
Q: Was this a male, or a female?

Q: Is your appearance here this morning pursuant to a deposition notice which I sent to your attorney?
A: No, this is how I dress when I go to work.

Q: Doctor, how many autopsies have you performed on dead people?
A: All my autopsies are performed on dead people.

Q: All your responses must be oral, OK? What school did you go to?
A: Oral.

Q: You were shot in the fracas?
A: No, I was show midway between the fracas and the navel.

Q: Were you alone or by yourself?

Q: How far apart were the vehicles at the time of the collision?

Q: You were there until the time you left, is that true?

Q: How many times have you committed suicide?
A. Four times.

Q: The youngest son, the twenty-year old, how old is he?

Q: Did you ever sleep with him in New York?
A: I refuse to answer that question.
Q: Did you ever sleep with him in Chicago?
A: I refuse to answer that question.
Q: Did you ever sleep with him in Miami?
A: No.

From a defendant representing himself...
Defendant: Did you get a good look at me when I stole your purse?
Victim: Yes, I saw you clearly. You are the one who stole my purse.
Defendant: I should have shot you while I had the chance.

Defendant: Judge, I want you to appoint me another lawyer.
Judge: And why is that?
Defendant: Because the Public Defender isn't interested in my case.
Judge to Public Defender: Do you have any comments on the defendant's motion?
Public Defender: I'm sorry, Your Honor. I wasn't listening.

Q. What is your brother-in-law's name?
A. Borofkin.
Q. What's his first name?
A. I can't remember.
Q. He's been your brother-in-law for years, and you can't remember his first name?
A. No. I tell you I'm too excited. (Rising from the witness chair and pointing to Mr. Borofkin.) Nathan, for God's sake, tell them your first name!

Q. Now, Mrs. Johnson, how was your first marriage terminated?
A. By death.
Q. And by whose death was it terminated?

Q. Doctor, did you say he was shot in the woods?
A. No, I said he was shot in the lumbar region.

Q. What is your name?
A. Ernestine McDowell.
Q. And what is your marital status?
A. Fair.

Q. How did you happen to go to Dr. Cherney?
A. Well, a gal down the road had had several of her children by Dr. Cherney, and said he was really good.

Q. Do you know how far pregnant you are right now?
A. I will be three months November 8th.
Q. Apparently then, the date of conception was August 8th?
A. Yes.
Q. What were you and your husband doing at that time?

Q. Were you aquainted with the deceased?
A. Yes, sir.
Q. Before or after he died?

Q. Are you married?
A. No, I'm divorced.
Q. And what did your husband do before you divorced him?
A. A lot of things I didn't know about.

Q. And who is this person you are speaking of?
A. My ex-widow said it.

Q. Officer, what led you to believe the defendant was under the influence?
A. Because he was argumentary and he couldn't pronunciate his words.

Q. What happened then?
A. He told me, he says, "I have to kill you because you can identify me."
Q. Did he kill you?
A. No.

Q. Mrs. Jones, is your appearance this morning pursuant to a deposition notice which I sent to your attorney?
A. No. This is how I dress when I go to work.

Q. Did he pick the dog up by the ears?
A. No.
Q. What was he doing with the dog's ears?
A. Picking them up in the air.
Q. Where was the dog at this time?
A. Attached to the ears.

Q. When he went, had you gone and had she, if she wanted to and were able, for the time being excluding all the restraints on her not to go, gone also, would he have brought you, meaning you and she, with him to the station?
MR. BROOKS: Objection. That question should be taken out and shot.

Q. Now, you have investigated other murders, have you not, where there was a victim?

Q. ...and what did he do then?
A. He came home, and next morning he was dead.
Q. So when he woke up the next morning he was dead?

Q. So, after the anesthesia, when you came out of it, what did you observe with respect to your scalp?
A. I didn't see my scalp the whole time I was in the hospital.
Q. It was covered?
A. Yes, bandaged.
Q. Then, later on.. what did you see?
A. I had a skin graft. My whole buttocks and leg were removed and put on top of my head.

Q. Could you see him from where you were standing?
A. I could see his head.
Q. And where was his head?
A. Just above his shoulders.

Q. What can you tell us about he truthfulness and veracity of this defendant?
A. Oh, she will tell the truth. She said she'd kill that sonofabitch – and she did!

Q. Do you drink when you're on duty?
A. I don't drink when I'm on duty, unless I come on duty drunk.

Q. ...any suggestions as to what prevented this from being a murder trial instead of an attempted murder trial?
A: The victim lived.

Q. Are you sexually active?
A. No, I just lie there.

Q. Are you qualified to give a urine sample?
A. Yes, I have been since early childhood.

Q: What did the tissue samples taken from the victim's vagina show?
A: There were traces of semen.
Q: Male semen?
A: That's the only kind I know of.

Q: Doctor, as a result of your examination of the plaintiff, is the young lady pregnant?
A: The young lady is pregnant, but not as a result of my examination.

Q: Now, you have investigated other murders, have you not, where there was a victim?

Q: When was the last time you saw Mr. Mitchell?
A: At his funeral.
Q: Did he make any comments to you at that time?

Q: Please state the nature of your relationship to the minor child.
A: I'm his mother.
Q: And you have been so all of his life?

Q: Was it you or your brother that was killed in the war?

Q: Were you alone or by yourself?

Q: Were you present in court this morning when you were sworn in?

Q: Do you have any children or anything of that kind?

Q: Was that the same nose you broke as a child?

CLERK: Please repeat after me: "I swear by Almighty God..."
WITNESS: "I swear by Almighty God."
CLERK: "That the evidence that I give..."
WITNESS: That's right.
CLERK: Repeat it.
WITNESS: "Repeat it".
CLERK: No! Repeat what I said.
WITNESS: What you said when?
CLERK: "That the evidence that I give..."
WITNESS: "That the evidence that I give."
CLERK: "Shall be the truth and..."
WITNESS: It will, and nothing but the truth!
CLERK: Please, just repeat after me: "Shall be the truth and..."
WITNESS: I'm not a scholar, you know.
CLERK: We can appreciate that. Just repeat after me: "Shall be the truth and..."
WITNESS: "Shall be the truth and."
CLERK: Say: "Nothing...".
WITNESS: (Witness remains silent.)
CLERK: No! Don't say nothing. Say: "Nothing but the truth..."
WITNESS: Yes.
CLERK: Can't you say: "Nothing but the truth..."?
WITNESS: Yes.
CLERK: Well? Do so.
WITNESS: You're confusing me.
CLERK: Just say: "Nothing but the truth..."
WITNESS: Is that all?
CLERK: Yes.
WITNESS: Okay. I understand.
CLERK: Then say it.
WITNESS: What?
CLERK: "Nothing but the truth..."
WITNESS: But I do! That's just it.
CLERK: You must say: "Nothing but the truth..."
WITNESS: I WILL say nothing but the truth!
CLERK: Please, just repeat these four words: "Nothing", "But", "The", "Truth".
WITNESS: What? You mean, like, now?
CLERK: Yes! Now. Please. Just say those four words.
WITNESS: "Nothing. But. The. Truth."
CLERK: Thank you.
WITNESS: I'm just not a scholar.

Q: Mrs. Jones, do you believe you are emotionally stable?
A: I used to be.

Q: So, you were gone until you returned?

Q: You don't know what it was, and you didn't know what it looked like, but can you describe it?

Q: Have you lived in this town all your life?
A: Not yet.

THE COURT: "Now, as we begin, I must ask you to banish all present information and prejudice from your minds, if you have any."

Q: Do you recall the time that you examined the body?
A: The autopsy started around 8:30 p.m.
Q: And Mr. Dennington was dead at the time?
A: No, he was sitting on the table wondering why I was doing an autopsy.

Q: Doctor, before you performed the autopsy, did you check for a pulse?
A: No.
Q: Did you check for blood pressure?
A: No.
Q: Did you check for breathing?
A: No.
Q: So, then it is possible that the patient was alive when you began the autopsy?
A: No.
Q: How can you be so sure, Doctor?
A: Because his brain was sitting on my desk in a jar.
Q: But could the patient have still been alive nevertheless?
A: Yes, it is possible that he could have been alive and practicing law somewhere.

And my favorite. . .

Q: I show you Exhibit 3 and ask you if you recognize that picture?
A: That's me.
Q: Were you present when that picture was taken?

at college in Bradford by Leeds. Fortunately, I haven't given her the URL for this site, so we're safe for a while But I like the joke!

Some of the very best "lawyer" jokes come from real experience.. Thanks Dien




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Hi Julie! :)

> In Proverbs it says, "As a man thinks,
> so he is"...or in modern terms,
> "As a man or woman thinks".....so
> it goes with Judges, Marketers, Teachers,
> Doctors, and any assorted cast of
> characters!

Julie, I believe it's true.... It's a very wise Biblical proverb!

You'll find this in many "modern" forms nowadays, to do with visualization and so on.... All these are very valuable, yet when you think of it, the essence of it is really contained in that little nutshell from Proverbs. :)

Cheers,

Dien