Jurors decide cases based on personal sympathy rather than facts

Evidence

Jurymen seldom convict a person they like, or acquit one that they dislike. The main work of a trial lawyer is to make a jury like his client, or, at least to feel sympathy for him; facts regarding the crime are relatively unimportant. — G. Alan Tarr, Judicial Process and Judicial…, 1451

Categorization

  • XREF: Directly challenges the adversary system’s premise that truth emerges from balanced partisan clash (from ch63), by implying persuasion of sympathy, not truth, decides outcomes. — connects to: The party carrying the burden of proof argues last to the jury — G. Alan Tarr, Judicial Process and Judicial…, 1400; Early American juries, not judges, determined the law through jury nullification — G. Alan Tarr, Judicial Process and Judicial…, 868; Even trivial group distinctions produce in-group favoritism in juror verdicts — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law: A Definitive Look at…, 856 (+2 more)

Broader Connections