As courts begin to re-open, are you curious how COVID-19 will affect jury selection and deliberations? Harmonie trial attorneys Chris Potenza (Hurwitz & Fine, P.C.), Karen Bamberger (Betts, Patterson & Mines, P.S.), Joni Mangino (Zimmer Kunz, PLLC) and Jeremy Swift (Treece Alfrey Musat P.C.) collaborated with renowned jury consultant Dr. David Perrott, to provide insight on how the pandemic will impact the make-up and mindset of potential jurors. Their analysis is presented in a videotaped Q&A with Dr. Perrott and was the feature article in the August 2020 Claims and Litigation Management Alliance (“CLM”) Magazine.
They provide in-depth analysis of changing juror demographics, and how jurors' beliefs and attitudes may have been influenced by the pandemic. Personal experiences with COVID-19 and stay-at-home orders could have an anecdotal impact on what actions society now considers to be morally correct, or “common sense,” and jurors may place more or less trust in expert evidence as a result of the conflicting views that have played out among scientists and policymakers throughout this time. Many older and other vulnerable potential jurors will likely make efforts to avoid jury duty by raising health concerns, which could skew the jury pool demographics to Generation X (~40 – 55 y.o.), Millennials (~24 – 39 y.o.), and a smaller but ever increasing proportion of Generation Z jurors (≤23 y.o.). The experience of the pandemic may lead to strong case-relevant attitudes and experiences among prospective jurors, including norms for acceptable corporate behavior. Jurors’ trust in expert evidence may have altered as a result of the conflicting views that have played out among scientists and policymakers over the course of the pandemic.
Their work presents practical recommendations for litigators preparing to tackle these challenges for post-pandemic trials in the coming months and years ahead. Trial attorneys may have to consider alternative methods of delivering information to jurors at trial in line with the expectations of an overall younger jury pool that may be more accustomed to learning through multimedia formats. Further, heightened anxiety from forced interactions with multiple strangers may affect a juror’s ability to focus on complex issues for long periods of time.
This article was previously published in the August 2020 edition of CLM Magazine.
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