I’ve been thinking recently about how one ever demonstrates that nothing happened because something did happen. Specifically, with regard to the protests over police shootings, police abuse, etc., how does one demonstrate that new policies make a difference? The difference is noticed only when nothing happens. Undoubtedly, most police officer shootings happen because the officer had no choice other than to prevent being killed himself/herself, or to prevent someone else from being killed/injured. In other words, they are “good” shoots. But, with regard to the “bad” police shootings/arrests/killings, the only way to know if, for example, new policies on use of force are effective is if none of these things happen. Or, fewer happen. The positive result then, is when nothing happens. And, nothing, that is, the absence of something, must be tracked and measured. The same is true, sometimes, of our work as trial consultants. Many times, we evaluate the “what could happen.” There are times when there may be benefits to our clients of other things not happening (for example, with regard to the admission of certain evidence or of a witness’ performance – good or bad, etc.). Recently, a client mentioned something along these lines to Melissa as it pertains to jury selection, when she makes her recommendations to our clients based on what was said, and as this client pointed out, what was not said, by the prospective jurors. My mind follows strange paths sometimes, so, in thinking of these concepts, I thought of musical “ghost notes” (about which I learned vicariously from Melissa’s study of bass guitar). Per Wikipedia, “a ghost note is a musical note with a rhythmic value, but no discernible pitch when played.” In other words, it is a note that doesn’t happen (or isn’t audible), but it seems like it does. Using that analogy, ghost notes exist when things don’t happen as in the examples I gave. But, without them, something will be perceived as missing. Thus, it is important to recognize, or notice, what doesn’t happen as a result of a positive change being made.