Many people have asked me what I mean when I say that one of my
major strengths in jury selection (and scientific research,
parenting, etc.) is my intuition. They seem puzzled that a
rational scientist, trained to test hypotheses in the search for
knowledge, would trust a gut feeling. So right off the bat, I
want to say that most of my trial consulting work proceeds via a
logical, step-by-step analysis.
Yet I am often inspired with flashes of intuition, insights
such as what drove a juror's decision-making process, which I test
scientifically and analyze logically, when possible.
For other insights, I test the intuition itself, which I
discuss below. First
things first – what is intuition?
The Meyers-Briggs Type Indicator (MBTI), which is based on Carl
Jung’s work, classifies people according to how they prefer to take
in information. (You may
be familiar with this test, as it is administered to 2 million
Americans every year.) People
who prefer sensing information tend to describe themselves as
practical while those who prefer intuiting information describe
themselves as innovative.
This dimension of personality presents the widest gap between people, causing more misunderstandings and frustration than any other personality difference. Keep in mind that we all use both functions, sensing and intuiting, but we have an innate preference for one over the other. We all fall somewhere along a spectrum, between these two extremes.
Sensing Types
Sensing types like facts and they tend to accurately remember
things. They are
concerned with their experiences, the details of actual
reality as perceived by their five senses. When they talk to
people, they want to know about their past experiences.
They tend to be down-to-earth and realistic.
Sensors prefer to take things step-by-step.
They prefer concrete ideas and words like practical,
sensible and experience.
Intuiting Types
Intuiting types focus on patterns, relationships and possibilities.
They tend to live in the
future, imagining what could be.
They enjoy metaphors, poetry and daydreaming.
They are more likely to jump from one project to another, as
they become engrossed with something new.
Intuition builds on sensory data, completing a whole picture with the elements that are physically, emotionally or imaginatively (dreams, fantasies, memories) sensed. Carl Jung said “Sense-perception tells us that something is, but it does not tell us what it is.” Sensing perceives isolated things while intuition perceives the complete whole. Intuition is an organizing principal, a way of structuring information in the unconscious (note: academics use the word "unconscious", which basically means "subconscious", as the laypeople use the term).
“The intuitive sometimes finds complex ideas coming to him as a
complete whole, unable to explain how he knew.
These visions, intuitions, or hunches may show up in any
realm – technology, sciences, mathematics, philosophy, the arts, or
one’s social life.”
Please Understand Me:
Character & Temperament Types, David Keirsey & Marilyn Bates.
Sensing Intuition Continuum
Perception functions along a continuum, between sensing and
intuition. You gain clarity in one at the expense of the other
at a given moment. For example, when listening to a symphony,
you can either focus your attention on hearing individual
instruments or the entire piece at once to grasp the emotion, the
message in the music. The function of sensing focuses on the
elements of music, the instruments, while the function of intuition
combines the sensory information with pre-existing information in
the unconscious to find relationships and complete a whole, to find
meaning in the details.
Intuitive People
While 25% of Americans are classified as intuitive by the
Meyers-Briggs Type Indicator (MBTI), about half of all attorneys are
intuitive. Most research scientists prefer sensing to
intuition, though our most famous scientists tend to be intuitive.
This is because intuitive people think in metaphors, non-linearly,
and are able to synthesize facts into new paradigms, new ways of
seeing the world. Many have attributed their success to
intuition.
Here is what Albert Einstein had to say about intuition: The really valuable thing is intuition. The
intellect has little to do on the road to discovery. There comes a
leap in consciousness, call it intuition or what you will, and the
solution comes to you and you don't know how or why.
There is no logical way to the
discovery of these elemental laws. There is only the way of
intuition, which is helped by a feeling for the order lying behind
the appearance.
The intuitive mind is a sacred gift and
the rational mind is a faithful servant. We have created a society
that honors the servant and has forgotten the gift.
Jonas Salk said intuition will tell the thinking mind where to
look next.
Issac Asimov, speculating about flashes of intuition, said:
I suspect that very few significant discoveries are
made by the pure technique of voluntary thought; I suspect that
voluntary thought may possibly prepare the ground (if even that) but
that the final thought, the real inspiration, comes when thinking is
under involuntary control.
Carl Jung believed that intuition is deeply seated in the
unconscious, beyond the subliminal. He proposed that intuition
arises from a “collective unconscious,” which is biologically
inherited from our ancestors and available to all of humanity.
This controversial idea is not generally accepted by psychologists
because it is untested. (Science only answers the questions
that we ask and is influenced by funding, the scientists’ own
biases and what we know how to test.) However, neurobiologists
have recently found that some “memories” are genetically inherited
(discussed below). Wolfgang Pauli, the renowned physicist, believed in Carl Jung’s idea of a collective unconscious. He wrote a paper about another revered scientist’s source of intuition: The Influence of Archetypal Ideas on the Scientific Theories of Kepler.
Although intuitive personality types have greater access to their
intuition, we have all experienced it to some degree, such as when
you:
preecive wrods as a whoel, loikong pirmaliry at teh
frist and lsat leettrs;
anticipate the future, such as when you hear
footsteps in a hallway and realize someone is about to enter a room; see the big picture or underlying pattern; and feel your hair stand up when you are in danger. Intuition as an
Unconscious Logical Process
Neurobiologists have discovered that the subconscious
mind automatically recognizes patterns via neural “combinatorial
coding.” This
combinatorial coding system is similar to DNA, which uses 4 chemical
inputs (ACGT) to sequence each individual person.
In 2004, a Nobel Prize was awarded to scientists who studied
combinatorial coding in the olfactory system.
They found that slight changes in the chemical structure of a
molecule change which combination of dendritic receptors on a neuron
are activated. Octanol
smells like oranges but octanoic acid, which is chemically very
similar, smells like sweat.
There are 100 billion neurons in our nervous system
and each one is capable of
holding its own database.
That is because neurons have hundreds to thousands of
dendritic inputs which are used in combination to store memories –
unimaginably large capacities
per neuron. If each
neuron contained only 26 inputs, it could store millions of
memories. If you are
hearing Carl Sagan’s voice saying “billions and billions,” think
bigger.
The mental storage capacity of our brains is beyond
description. We cannot
possibly pay attention to this much information, so it is stored and
accessed automatically in our unconscious mind.
Neurobiologists believe that intuition is an elimination
program that runs through our entire nervous system, analyzing
learned and genetically inherited (ex. fear of snakes) databases.
Combinatorial coding deactivates associations of cells that
are not useful for a given input, and they, in turn, send out
signals to other groups to deactivate.
The result is that within half a second, we intuitively react
to our environment.
It’s like a power outage.
Imagine you are high up in an apartment overlooking the
Chicago skyline at 8pm on Saturday, March 28, 2008.
It’s “Lights Out for Earth Hour,” when 200 cities around the
world shut down nonessential power to bring attention to global
warming. You watch
darkness sweep across the city, blocks at a time.
Suddenly there are only a few lights visible, which catch
your attention. This is
how your brain finds a memory or genetically inherited “memory”
amongst all the information stored in your neurons.
Intuition and Reason
Skeptics point out that selective memory skews our assessment of
intuition’s accuracy and that, statistically, we can expect a
“miracle” every month. So it is important to keep this in mind
and remain grounded in our perceptions. People often mistake
“intuition” for wishful thinking, associations from past experiences
and conscious thinking. It is important to analyze where the
“intuition” might be originating, especially while you are just
learning how to recognize it.
My Understanding of Intuition
Intuition is a learned intelligence that anyone can develop.
It requires practice, self-awareness and a “quiet mind.”
And not all intuitive personality types are especially
intuitive, just because they prefer it to sensing information.
There are several levels of intuition.
We all experience intuition at the most basic levels of
pattern recognition and “a-ha!” moments, when we suddenly understand
something.
My experiences are consistent with those whom I quoted.
Intuition is a sudden knowing that is not a result of conscious
effort. These flashes of insight usually are related to things
that I have been recently thinking about, i.e., where I have
directed my intention.
Intuition - Pattern Recognition
The simplest, most easily understood, is how we recognize patterns,
such as the words with jumbled letters.
Our subconscious automatically recognizes the words.
But this is not a “thinking” process.
The subconscious does not think; it runs pattern recognition
programs without us having to work at it and it works fast.
This first level of intuition is what neurobiologists are
describing and everybody does this constantly.
Intuition – the Light Bulb
We have all experienced the next level of intuition, when we are
consciously struggling with a problem, trying to fit puzzle pieces
together, when suddenly we see the whole picture and we say “a-ha!”
The answer bubbles out of the subconscious mind as a symbol,
an image or a metaphor, sometimes as a sound, a feeling, a bodily
sensation or a smell.
Intuition is when the light bulb turns on and you suddenly know you
have found the answer.
After you “get it,” it may seem obvious, but it wasn’t obvious when
you first thought about it.
I have not found any research on this type of intuition.
I am not sure if it is
combinatorial coding.
The sudden insight happens lightening fast, not a gradually
increasing sense of certainty, yet it takes effort because the
conscious mind is struggling to send a thought, a trigger, to the
subconscious. The
conscious and subconscious are working together in this level of
intuition. Intuition as a More
Complete Understanding of a Logical Concept
The next level of intuition is most often experienced by intuitive
personality types. It’s
when a complex idea is suddenly understood, all at once.
It feels like the previously described light bulb switching
on, that “a-ha” moment, that is accompanied by a strong feeling of
certainty. Intuition
connects the knowledge dots and fills in the rest of the picture,
resulting in a much more comprehensive understanding.
The concept that mentally gels together can be incredibly intricate
and multidimensional. I
sometimes feel like I can mentally walk through a 3-dimensional
model of a system, examining it from any angle, from the inside out.
Simple natural and human processes, such as fluid dynamics
and traffic patterns, are the easiest to model.
For example, I am constantly analyzing the flow of traffic, which is
similar to turbulence in pipes.
When traffic reaches a critical capacity flow rates will
change very quickly and minor disruptions, such as merging lanes,
will cause slowdowns that ripple down the freeway like a wave,
approaching oncoming cars.
The more vehicles per mile that are on the road, the further
out the traffic jam begins.
When traffic lightens up, the wave will dissipate.
More complex systems, like climate change, human behavior and
anything that has an inherent structure or is governed by underlying
principles, can be intuitively understood, instantaneously. This is how I
think and understand whatever it is that interests me.
When I’m watching jurors, I focus all of my attention on
modeling their individual reactions to the case and their effects on
the jury’s group dynamics.
People are predictable in how they take in and process information,
which is the basis of Carl Jung's typology work. They
will tell themselves a story about your case that is the most
accessible, given their life experiences, attitudes and personality,
which is what we learn about during voir dire.
This intuitive approach is much more predictive of verdict than just
plugging the factual dots into a statistical model.
I don’t simply calculate a probability based on answers to
questions and demographics, I model their
thinking and
behavior, i.e., their
personal decision-making process and how they participate in the
deliberations, factoring in what I observe, including emotional
reactions to the attorneys and to other jurors’ statements.
Feeling Intuition
Just as I feel varying levels of certainty about my memory, I trust
intuitions that come with a calm confidence and I verify ideas that
feel less certain. This marker of confidence took time to
learn and is the result of paying attention to how I felt about a
given intuition and then verifying it, when possible. Feeling
personality types have an easier time with this than the more
logical types, who need to understand the underlying mechanism.
Feeling types analyze the accuracy of intuition similar to a
statistical approach, associating a feeling to a given probability
of certainty.
Intuition Applied to Jury Selection During jury selection with a highly regarded trial attorney, I had a very strong, sudden intuition that Juror #7 would be the foreperson. I just suddenly knew it, when I was not calculating probabilities or watching body language or group dynamics. I was absolutely certain. The attorney argued that she was an improbable foreperson and he felt so passionately, that there was no way this woman would lead the jury, that he promised me a steak and lobster dinner if I was right. (It’s funny, how delightful that meal tasted!)
Sometimes intuitions can be logically
explained, sort of like reverse-engineering. This is how I
described intuitive flashes in my peer-reviewed articles when I was a
research scientist. But sometimes there is no rational
explanation.
There were some other unusual intuitive insights during that trial
which impressed him, such as when I warned him that the defense
would pass on their second peremptory strike. When opposing
counsel’s voice inflected, softening, while questioning a
pro-plaintiff juror, I suddenly knew, without a doubt, that he would
pass. I think that he decided to risk accepting the jury in
order to catch up on peremptories, since we passed on our first
strike. The strength of this intuition, given the lack of a
rational explanation, surprised me.
I consider it to be evidence of subconscious perception. I
must have taken in other information, yet I was not consciously
aware of any. Intuition cannot always be reverse-engineered,
which is why it is so important to develop a marker of confidence. Reverse-Engineering
As a scientist, I am most comfortable logically analyzing
information to reach a conclusion.
So when I have an intuitive leap, I work hard to
reverse-engineer it and explain it logically, partly in an effort to
understand how intuition works, but also so that I am absolutely
certain about my results.
If analysis backs intuition, then
it’s a pretty sure thing. A trial consultant who has
analytical skills and is also intuitive is a great resource.
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