Sympathetic testimony can win a case regardless of legal merit.

Evidence

After Aufiero’s deposition, Facher believed that this case was one he probably could not win, not in front of a jury. He could imagine Aufiero on the witness stand with Schlichtmann slowly drawing out the details of Jarrod’s death. The entire courtroom, maybe even the judge, would be in tears by the time Schlichtmann was done. And it wasn’t just Aufiero. There were seven other families, each with its own tragic story to tell. — , Harr Jonathan - A Civil Action, 761

Categorization

• DEEPTHINKING: A defense lawyer’s honest admission that legal correctness is beside the point once a jury is moved — a quiet indictment of adversarial truth-finding.
• XREF: connects to: Jury verdicts turn on sympathy for the accused more than case facts — G. Alan Tarr, Judicial Process and Judicial…, 886; Qualified counsel can determine a criminal trial’s outcome regardless of guilt — G. Alan Tarr, Judicial Process and Judicial…, 215; 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 (+5 more)

Broader Connections

• Jurors decide cases based on personal sympathy rather than facts #corroborates (0.95) — G. Alan Tarr, Judicial Process and Judicial…, 1451
• Litigators fear sympathetic victim testimony more than any legal argument #corroborates (0.95) — , Harr Jonathan - A Civil Action, 1665
• Juries may convict of lesser crimes than evidence warrants through sympathy #corroborates (0.85) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 1741
• Effective trial advocacy rests on narrative persuasion rather than legal argument alone #expands (0.85) — Tamara Lanier, From These Roots, 774