Bar Bulletin

Bar Bulletin

Enough Truth v. Much Evidence

February 2022 Bar Bulletin

In a recent interview with Steven Pinker on the podcast Armchair Expert, Dax Shephard described people who “stay in the truth while also denying the reality.” The conversation led to the example of the person who repeatedly tells himself that “one more French fry won’t make me fat,” while he eats a large serving of French fries. Each decision is made from myopic support, focusing on the reasoning that each time it is only “one more French fry,” so how could that be harmful in the grand scheme. This discussion is striking in the way it captures what often happens at trial as jurors try to make...

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