It’s Not What You Said, It’s What They Remember

It’s Not What You Said, It’s What They Remember

Video is one way to reach jurors using new media.

At trial, the key oftentimes is getting complex issues that the parties have lived with for years to be comprehensible and memorable for juries whose understanding of the issues start from scratch and may only last for a couple of weeks.

The use of demonstrative evidence has progressed from a simple poster board drawing to animation showing accident scene recreations, all with an eye to making an impression on the collective jury’s mind of what each advocate wants the jury to remember most.   An homage, perhaps, to the saying that “A picture is worth a thousand words.

That may be fine when the point to emphasize can be reduced to one or a series of images, but it becomes more challenging when the point can only come across from oral testimony.   Studies have shown that the brain dedicates approximately five times more space to remembering sound (echoic memory) than it does to what you see (iconic memory).   The key word here is “remembering.” The image can make complex concepts concrete and easier to understand, but the spoken word actually has a better chance of being remembered.

The good news is that there’s a readily available technology that not only can combine the aural and visual, but complements it with reading comprehension. When video and synchronized text is combined in the form of closed captions, you get as close to the perfect world in information retention as possible in a trial setting (if you could have the witnesses sing their testimony to the tune of “Mairzy Doats” it would be even better).

If you’re interested in learning more, contact your local NNRC Trial Presentation Expert and they’ll be happy to give you a demonstration on how you can make sure that the jury not only hears what you said, but remembers it.