Derren Brown: Archive
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From: ganetauk
Date: Tue Mar 18, 2003 8:31pm
Subject: Re: Hypnosis & The Legal Profession
Influence/hypnotis techniques are used by MANY. Even to the use of
specific colours when using diagrams etc. Using closed questioning
techniques, anchoring and psychological framing IS used...
Psychological research indicates that human beings intuitively
utilize a highly schematic approach to assimilate, comprehend, store,
and retrieve information—and that the "story" format is the most
universally popular (and efficient) "schema" for these purposes. A
good trial story and theme work hand-in-hand to lock the jurors into
a basic understanding of the primary case issues. The trial "story"
incorporates the primary thematic message and neatly outlines all of
the case facts in a chronological, step-by-step fashion. Jurors then
subconsciously use the theme to look for evidence that "fits" the
carefully constructed trial story, and to disregard evidence that
does not.
It is essential that the attorney employ an engaging and credible
trial story that involves a clear beginning, middle, and end, along
with a compelling trial theme, to persuade jurors regarding the case.
It is not surprising that two colorful Southerners with down-home,
deep-fried, country styles—former Sen. Dale Bumpers—D-Arkansas and
Rep. Lindsay Graham, R-South Carolina—got the biggest laughs during
President Clinton's recent impeachment trial in the Senate. Mr.
Bumpers broke up his former Senate colleagues when he said: "If
someone tells you this is not about money, it's about money." Equally
funny was Rep. Graham when he commented on one of President Clinton's
late-night phone calls to Monica Lewinsky: "Back where I came from,
when someone calls you at 2:00 A.M., they're up to no good."
Colorful, even whimsical, language is almost always far more
memorable and has a much stronger impact on jurors than run-of-the-
mill, tired verbiage. Whenever you can, try to dress up your
courtroom oratory with vivid and bright words and phrases to get the
jurors on your side.
Use of Double–Binds
Characterizing the opposition in "either–or" terms that are both
negative is an effective way to minimize juror sympathy for the
opposition—for example, "did the plaintiff injure himself because he
was inattentive, or because he was careless?"
"Classically-conditioning" jurors
An extremely effective NLP technique attorneys can use in the
courtroom involves the "classic-conditioning" of jurors at a
subconscious level during the trial. "Classically-conditioning"
jurors is not to be confused with the often employed practice of
trying to "condition" jurors during voir dire. This approach involves
employing voir dire questions to attempt to baldly maneuver jurors so
as to get them to pre-commit to a desired point of view— "If I am
able to successfully prove ______________, you understand you will
then be required to determine the case in favor of my client, don't
you?"
This wrongheaded "conditioning" approach is disliked by jurors,
who almost always see right through it. (Judges don't like it
either.) Jurors resent being forced to agree to one-sided conditions
regarding how they must decide the case prior to actual courtroom
presentations. Most will dig in their heels as a result. It is no
surprise that such ham-handed juror "conditioning" seldom works.
"Classic-conditioning" jurors is a far more subtle yet
infinitely more effective approach. It involves conditioned
(Pavlovian) responses. In Pavlov's celebrated experiments, a bell
would ring at the same time that test subjects (dogs) were being fed.
It was not long before the ringing of the bell alone would cause the
dogs to salivate—the famous "conditioned" response. By using a
similar "classic-conditioning" approach, jurors can also quickly be
taught to unconsciously react as if on cue to an unspoken message
that travels directly to their subconscious minds.
The "classic-conditioning" of individuals in no way represents a
flaky or hocus-pocus ritual. Indeed, this proven process has been
widely used for years by respected therapists, behavior modification
counselors, and similar professionals to persuade and influence their
clients. It is simple to implement yet guaranteed to positively
impact jurors if handled correctly.
Here's how it works
The practitioner utilizes a highly specific and easily
discernible action or gesture (termed a positive behavioral anchor)
every time he or she references the case's most compelling and
positive fact (pivotal point). Let's say the case's pivotal point is
that the defendant, a manufacturer, went to extra special lengths to
inform customers regarding the safe use of the company's product.
Every time the attorney discusses this vital defense fact, he or she
makes sure to simultaneously employ the same specific and clearly
perceived gesture or action.
The gesture could be touching the lips, grabbing the hands
together, grasping a chin, bowing the head, or knotting a tie. It is
essential that the gesture appear natural and unrehearsed, and it
must be done clearly and unambiguously so it can be easily noticed by
the jurors within the full range of their peripheral vision.
Thanks to regular repetition, the gesture or action will quickly
become strongly associated with the attorney's most telling point—the
manufacturer did everything but send the customers smoke signals
regarding the safe use of the product. Soon the gesture-stimulus
alone will automatically retrieve this highly positive defense point
in the consciousness of each and every juror. This means the attorney
can put the jurors instantaneously in touch with this compelling
defense message at any point throughout the trial by simply repeating
the gesture-stimulus. The autonomic nervous system response among
jurors will spontaneously take place like clockwork!
you decide, but don't let me influence you....
regards Terryerryrreterryrret
--- In a previous message luise_f wrote:
>
> Is it reasonably common for barristers to aquaint themselves with
> hypnotic technique? It would make sense, obviously, but ethically?
| Replies | Author | Yahoo ID | Date | Size |
| 3528: Re: Hypnosis & The Legal Profession | designforlife | Wed 19/03/2003 | 3 KB | |
| 3530: Re: Hypnosis & The Legal Profession | Blue Chip | cs_bluechip | Wed 19/03/2003 | 4 KB |
| 3539: Re: Hypnosis & The Legal Profession | ganetauk | ganetauk | Thu 20/03/2003 | 4 KB |
| 3531: Re: Hypnosis & The Legal Profession | killer_b0187 | killerb_0187 | Wed 19/03/2003 | 10 KB |
| 3537: Re: Hypnosis & The Legal Profession | ganetauk | ganetauk | Thu 20/03/2003 | 11 KB |
| 3536: Re: Hypnosis & The Legal Profession | luise_f | Wed 19/03/2003 | 2 KB | |
| 3538: Re: Hypnosis & The Legal Profession | ganetauk | ganetauk | Thu 20/03/2003 | 2 KB |
