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The Arabs have a story they tell their children that can teach us a great deal about how we make decisions. According to the story, there was once a man living in the desert with his family. He saw a cloud of dust and sand approaching from the horizon and said to himself, “It is a terrible beast coming to eat me and my family!” Then, as the cloud of dust got closer, he saw that it was actually a man in black on horseback. He then said to himself, “It is my enemy, coming to take over my well!” He went to get his rifle to defend himself. Then as the horseman got closer and the man could see the rider clearly through the sights of his rifle, he recognized the rider and said to himself, “No, it is my brother.” The three lessons of this story are that: (1) what we focus on determines what we believe; (2) what we believe determines what we expect; and (3) we tend to see what we’re expecting to see. These are the Second, Third and Fourth Laws of Critical Focus at work.
Most people think they are in control of what they believe. But the following stories demonstrate how little control we actually have over what we believe. During the Korean War, the North Korean officers running the POW camps experimented on prisoners by telling those with minor injuries that their injuries were severe and that they were going to die. They also told those with severe injuries that their injuries were minor and they would surely live. Amazingly, many of those with minor injuries died because they believed they could not live. Many of those with major injuries lived because they believed they would not die. What they believed determined what they expected. What they expected came to pass because they expected it to come to pass.
How did the North Korean’s accomplish this? The POW’s had no evidence to contradict what their captors were telling them. Therefore, the only thing they had to focus on was the words of their captors. If someone can control what we focus on, they can control what we believe. What we believe determines what we expect. Sometimes what we believe can determine whether we live or die.
Okay, so you’re not exactly a prisoner of war right now. I realize that, but let me give you another example. Have you ever wondered how otherwise rational people sitting on a jury can acquit someone who is obviously guilty? Have you ever wondered how jurors could acquit someone who actually confessed to the crime? Let me give you an inside look at how trial lawyers control what jurors believe.
On May 30, 1997, a man named Montoun Hart tortured and murdered an English teacher named Jonathan Levin in order to get the PIN for his ATM card. After he was indicted, a witness testified that it was Hart who had made a withdrawal from the ATM at the relevant time. Hart also confessed to the crime, explaining details that no one could have known unless he had been involved. In the face of this overwhelming evidence, the jury found Hart not guilty and freed him! The jurors later explained that in the photo of Hart taken after a six hour police interrogation, it looked like he was “wasted,” meaning he looked drunk, tired or high. Therefore, they discounted his confession. Make no mistake. There was no evidence of torture or physical abuse by the police during the interrogation. The jurors simply didn’t believe the confession. Instead, the defense attorneys convinced them to focus on the photograph above all else. What they focused on determined what they believed.
How did this happen? How could the defense attorneys have turned black into white? How could they have persuaded the jurors that Hart was innocent?
The best way to explain it is to use a highlight football reel as an example. After a football game, coaches and players review the videotapes of the game to see what went right so they can repeat it and what went wrong so they can avoid it. They also use these films to evaluate a player’s performance. Multiple video cameras throughout the stadium capture the players and their actions from all different angles. But you can only watch one film at a time. In addition, the editors can choose which clips to show and which not to show.
Let’s say you watched a review film of running back Emmit Smith. In the tape, he fumbled four times. He was tackled behind the line of scrimmage seven times. He dropped five passes, and he had four carries where he only gained five yards or less. What would you believe about Emmit Smith?
Now let’s say you watched a different review film of the same game. But in this clip, you saw Emmit Smith score five touchdowns, and rush for over two hundred yards. Now what would you think?
That’s the way trial lawyers work. One lawyer shows you the clips of evidence that he wants you to focus on. The opposing lawyer shows you the clips of evidence he wants you to focus on. All good trial lawyers know that if they can get you to focus on only their evidence, they can control what you believe. The best trial lawyers are those who can get the jurors to focus primarily on the evidence that they show.
A standard motion filed in every jury trial is called a Motion In Limine. A Motion In Limine is a motion asking the court not to allow the other lawyer to talk about or introduce certain testimony and exhibits that could possibly kill the client’s case. But wait! I thought the purpose of a jury trial was to let the jurors see all of the evidence so they can decide who’s right. That is the ideal, but it is not the reality. The reality is that lawyers try to keep out all kinds of evidence that you are not aware of. The goal is to get you to focus only on their evidence and completely ignore the other side’s evidence. If they can control what you focus on, they can control what you believe.
Of course, an actual trial is much more complicated than this, and many factors, such as how believable a witness is, contribute to who wins. But, this is the basic strategy that all trial lawyers use. Why? Because trial lawyers understand The Second Law of Critical Focus. What you focus on determines what you believe.
Remember, if you are buying or selling Austin real estate, please contact Rose Castro at Austin Options Realty.
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