In addition, research tells us that jurors are basically story builders and story matchers. They process the information at trial in an attempt to develop a story for what happened. Once jurors decide on a story, they try to match it to the decision alternatives presented in the jury instructions. Ninety percent of jurors decide on a story before deliberations. Creating a theme is central to accomplishing this task.
Themes encapsulate the case.
They serve as a framework for viewing the evidence and arguments in the case. Do not underestimate the importance of themes. Whether it is labeled theme, scheme, plot, story line, or moral, the theme is the essential framework for building the jurors' story for what happened. Given the importance of themes, it is surprising how little time and resources are devoted to their development. Oftentimes serious attention to formulating the theme occurs only in anticipation of opening arguments a few days before trial.