Bar Bulletin

Bar Bulletin

More Than Words: Emotion in the 2021 Courtroom

February 2021 Bar Bulletin

You have likely heard the expression, “there are no words” to express a feeling, emotion or heartfelt response. In today’s climate of fake news and tribal bias, words are less and less useful, particularly in persuading someone of a new or different conclusion using an emotional appeal.

How do we communicate emotion? How do we evoke emotion in our courtroom audiences? As far back as 2013, an article from Wired magazine highlighted the emergence of emotion analytics technology that relies on facial analysis and artificial intelligence to determine with greater accuracy the emotional experiences of individuals. In his effort to promote the technology (for which...

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