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2 PREFATORY OBSERVATIONS "We have a criminal jury system which is superior to any in the world, and its efficiency is marred only by the difficulty of finding twelve men every day who don't know anything and can't read." Mark Twain Roughing It (1913) "Our civilization has decided, and very justly decided, that determining the guilt or innocence of men is a thing too important to be trusted to trained men. If it wishes for light upon that awful matter, its asks men who know no more law than I know, but who can feel the things that I felt in the jury box. When it wants a library catalogued, or the solar system discovered, or any trifle of that kind, it uses up its specialists. But when it wishes anything done that is really serious, it collects twelve of the ordinary men standing about." Gilbert K. Chesterton Tremendous Trifles: The Twelve Men (1922) "Lawyers have been know to wrest from reluctant juries triumphant verdicts of acquittal for their clients even when those clients, as often happens, were clearly and unmistakably innocent." Oscar Wilde Irish poet, dramatist, novelist, essayist and critic 1854-1900 "A jury verdict is a quotient of the prejudices of twelve people." Kenneth P. Grubb "False Fears" 26 Insurance Counsel Journal 480 (1959). STORYTELLING Litigation is, of course, storytelling. In litigation there are at least two versions of the story to be told or there would be no reason to try the case. To persuade the fact-finder, the