5. Generation X (1965-1976)
Characteristics - Continued
Low expectations of government
Strong family connections
Tolerant of diversity
Weak attachment to political
parties
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10. Important Jury Factors for Gen X
Extremely independent
Low expectations for help from other
quarters such as government
Little deference to authority figures
Orientation towards personal
responsibility
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11. Communicating with Gen X
First generation to always have
television as part of daily life – more
stimulated by visual images
Can easily manage more than one
stimulus at a time and spoken word may
be boring
Presentations need to be punchy and
entertaining
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12. Ways to Tap Strengths as Jurors
Leverage themes that appeal to Gen X’s
values – tradition, ethics, rules, morality,
pragmatism, independence, self-reliance
Use positive terms: “strong”,
“responsible”, “accountability”, and
“personal responsibility”
Fighters vs. Criers
Avoid emotional appeals
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14. Understanding Context for Gen Y
World always included
AIDS
Unified Germany
Answering machines
Remote controls
Never seen a tab that could be completely
pulled off a soda can
Always had digital media
All got trophies in sports
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15. Important Jury Factors for Gen Y
May be fiscally conservative
Looser definition of “cheating”
Most educated generation, but may
have “holes” in their knowledge base
Team mentality
Wary – you can’t be too careful
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16. Important Jury Factors for Gen Y
“Green”
Safety-conscious upbringing
Question authority
Distrust of institutions
Cynicism and skepticism
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17. Significant Strengths
They are digital natives – we are
digital immigrants
Ability to quickly gather and research
multiple pieces of information
Ability to analyze and sift through
large amounts of information -
connecting the dots
Most effective at multi-tasking
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18. Significant Flaws
May not recognize some information
more reliable
May miss problems with bias
May not evaluate information
contextually
May not be able to judge credibility of
witnesses
May be impatient and yet expect all
questions to be answered
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19. Ways to Tap Strengths as Jurors
Leverage structure and
connectivity/family orientation to develop
case themes
Appeal to idealism with themes of
“meaning”, “righting wrongs” and
“fairness”
Help identify source validity in evidence
Emphasize facts
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20. Communicating with Gen Y
Appeal to Y’s value of education and
knowledge - be a teacher on facts
Give tools to be “experts”
Embrace technology – they expect it
Tell story visually
The ELMO may bore them
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21. Communicating with Gen Y
Use pictures, videos, analogies, etc
Use checklist graphics (structure)
Use flash animation such as timeline
that moves or pop up graphics
Use graphs and other demonstratives
in arguments or with experts
Narrow your themes (attention span)
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22. Challenges with Internet Age Jurors
(Gen X and Y)
Ready internet access conditions
jurors to instant gratification on
questions
Jurors may be tempted to “Google”
when they question witness
assertions, encounter unfamiliar
terms, or desire background context
Must plan ahead for this potential
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23. Pitfalls to Avoid
Telling younger jurors what to think is
dangerous (“You would agree with me. . .”)
Avoid stereotypes – don’t assume what
party affiliation or tattoos mean
Don’t bore them – short attention span
Failure to have facts and data to back up
your story
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25. The Expert’s Testimony- Important
Considerations
Trial is theater
Where to dig in/where to give in
What does jury need to know
(not how you want to slam the
lawyer)
Update report close to trial
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26. The Expert’s Testimony- Important
Considerations
Teach jurors
One juror can explain to others
Safe Place-Your
language/vocabulary
Fact or conclusionary question
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27. The Expert’s Testimony- Important
Considerations
Trustworthiness & Rapport
Access
Eyeglasses
Toes toward jury
Short answer/long answer
Connect
Relax
Asymmetry
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28. The Expert’s Testimony- Important
Considerations
Off the record
Objection/stop/re-ask
question
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30. The Expert’s Presentation
The $7 Second Rule
Dress for business—business formal
More preferable to be dressed
traditional than casual
Bottom line—the attorney is sizing
us up in his/her mind as to how we
will appear before the jury
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32. Presentation Techniques
Generation X
Convey a conservative demeanor
Avoid loud colors and distracting
patterns for attire
Women should dress professional
but feminine (navy blue over
black)
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33. Presentation Techniques
Generation X
Emphasize “the bottom line”
“Serial Position Effect” – Discuss
main message at beginning and
end of your testimony (maximizes
retention)
Use more facts and less opinions to
support your position
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34. Presentation Techniques
Generation Y
Interact with your audience
Speak authoritatively when
presenting facts
Use a conversational, informal
tone when providing detailed
explanations
Body language-open and
approachable
Minimize technical jargon
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35. Presentation Techniques
Generation Y
Interact with audience
Share stories/current events
Confidence v. arrogance
Always focus attention on
whoever is speaking
Make eye contact with each
juror
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36. Presentation Techniques
Generation Y
Visual communication is key
Visual aids should use simple and
limited wording
Timelines are useful when making
sense of numerous dates, times
and connected individuals
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