The argument invites jurors to award what they would want if injured similarly. Courts prohibit it as encouraging decision based on personal interest rather than the evidence.
Prohibitions extend to indirect formulations.
Alternative Names:
Golden Rule, Put Yourself in Their Shoes
Why it Matters?
Indirect versions are the recurring problem, since counsel avoid the explicit formulation while asking jurors what the injury would be worth to them or what they would accept to endure it. Objecting requires recognizing the variant in the moment, and a contemporaneous objection with a request for a curative instruction is what preserves the issue. Raising the prohibition in limine establishes the ruling before closing.
Frequently Confused with
Related terms
Frequently asked questions
What forms does the argument take?
How is the issue preserved?
