This is the second in a series of articles discussing my Theory of Core Values. In the previous piece, I criticized the “Reptile Theory,” which suggests that many trial lawyers appeal to the primitive reptilian portions of jurors’ brains, thereby eliciting sufficient fear, terror and anger to lead to a favorable verdict.

After more than 40 years and at least a thousand civil and criminal cases, I find the Reptile Theory lacks the nuance necessary to explain what really motivates jurors. Instead, jurors are motivated by a combination of “core values,” which are the fundamental beliefs and highest personal priorities that motivate us to decide an issue of major consequence, including who prevails at trial. There are 11 such values that neatly divide into three categories, each associated with a part of our body traditionally connected to emotion and decision making: our heart, our gut and our brain.

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