Different Views in the Same Light

Social media was taken by storm a few weeks ago when an image of a dress divided people into “Team Blue and Black” or “Team White and Gold.”  For those of you who don’t spend all day poking around the Internet, the dress depicted in the link below looks very different to different people – some see it as white and gold, while others just as clearly see it as blue and black.

People were baffled that the same photograph looked vastly different to someone else, and it was shocking someone else could not see the same thing they did.  It even sparked optometrists and technology experts to publish scientific explanations of this phenomenon.

However, we weren’t surprised in the least to hear that people can receive the same information yet reach wildly different conclusions.  From the beginning of each of our focus groups – and often even at the end – participants hold markedly divergent views about a case despite the fact they’ve been given the exact same information.  A piece of evidence will seem crucial to one person but fall flat with another.

One explanation for the dress phenomenon explained that our eyes and brain use the context of daylight to interpret colors.  Like the dress, context is the key to different perceptions among jurors.  Biases and personal experiences can affect the way jurors view a case, and it is important to explore those biases before a juror sits on your trial.

During our focus groups, we spend time discussing with jurors their experiences with various aspects of the case before we even dive into the case fact pattern.  This way, we can examine how their experiences will come into play once they hear from both sides.  More often than not, when explaining their thoughts about the case, participants use phrases like, “In my experience…”  This information can be used at trial as topics to explore during voir dire to identify those with life experiences or opinions that might predispose them toward one side or the other.

At trial, it’s important to understand not everyone will see the same information in the same light.  The best way to navigate these differences in perceptions is to know the ways in which someone will interpret the evidence in the context of their own lives.  If you need assistance exploring juror perceptions in your case, please contact Senior Vice President Claire Luna at 714.754.1010 or cluna@juryimpact.net.