Jury verdicts turn on sympathy for the accused more than case 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.” -Clarence Darrow, defense attorney “The jury contributes most powerfully to form the judgment, and to increase the natural intelligence of a people; and this is, in my opinion, its greatest advantage. — G. Alan Tarr, Judicial Process and Judicial…, 886

Categorization

  • QUESTION: Empirically testable claim about juror psychology; does research support Darrow’s stark framing?
  • SHARE: A trial-attorney friend would enjoy weighing Darrow’s craft advice against modern jury-selection practice.
  • XREF: connects to: Jurors decide cases based on personal sympathy rather than facts — G. Alan Tarr, Judicial Process and Judicial…, 1451; Juries may convict of lesser crimes than evidence warrants through sympathy — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1741; Jurors sympathize with injured individuals, so corporations enter trials disadvantaged. — , Harr Jonathan - A Civil Action , 402 (+4 more)

Broader Connections