Jury bias can lead to unfair verdicts based on personal beliefs rather than the facts. Even jurors who seem neutral may have unconscious biases that shape their decisions. Attorneys must take steps to identify and manage these biases before and during trial. Failing to do so can put a case at risk. Here’s how to prevent jury bias in your trial.
1. Conduct Thorough Jury Selection (Voir Dire)
Ask the Right Questions
Voir dire gives attorneys the chance to uncover jury bias before the trial begins. To do this effectively, ask case-specific questions that go beyond basic demographics. A juror’s stance on law enforcement, corporate responsibility, or medical malpractice can influence their judgment.
Encourage Honest Responses
Jurors may hesitate to admit personal biases, especially in a courtroom setting. Make voir dire feel like a conversation rather than an interrogation. When jurors feel comfortable, they’re more likely to share honest opinions.
Use Open-Ended Questions
Avoid questions that lead to yes-or-no answers. Instead of asking, “Can you be fair?” ask, “How do you define fairness in a case like this?” Responses to open-ended questions reveal more about a juror’s thinking and potential biases.
2. Use Social Media and Background Research
Identify Hidden Biases
Jurors may not always disclose personal views in court, but their online activity often tells a different story. Social media, blog posts, and public comments can reveal opinions on topics relevant to the case.
Check Public Posts and Affiliations
A juror’s memberships, shared articles, or past statements can provide clues about their viewpoints. If a case involves corporate negligence, an individual who frequently posts anti-corporate opinions might struggle to remain neutral.
Avoid Ethical Pitfalls
Attorneys should follow all legal and ethical guidelines when researching jurors online. Courts have rules about how attorneys and their teams can gather this information. Improper research methods can create legal issues and damage credibility.
3. Challenge Biased Jurors with Peremptory Strikes and Challenges for Cause
Know When to Use Challenges for Cause
If a juror openly admits bias, an attorney can request their removal. Courts grant these challenges when a juror’s views could prevent them from deciding the case based solely on evidence.
Use Peremptory Strikes Strategically
Attorneys can remove jurors without giving a reason, but there are limits. Striking jurors based on race, gender, or other protected categories is not allowed. Use peremptory strikes to eliminate jurors who show subtle signs of bias, even if they don’t openly admit it.
Watch for Patterns in Juror Behavior
Body language, tone of voice, and facial expressions can hint at bias. A juror who avoids eye contact when discussing certain topics may hold unspoken views that could affect their judgment.
4. Educate Jurors on Implicit Bias
Explain Bias Without Accusations
Many jurors don’t realize their own biases. Instead of confronting them directly, frame the discussion in a neutral way. Explain that bias is a natural human tendency and that the goal is to focus only on the evidence.
Use Expert Testimony if Necessary
Bias experts can help jurors recognize their own thought patterns. When a case involves sensitive topics, expert testimony on unconscious bias can help jurors make fairer decisions.
Provide Clear Jury Instructions
Judges should give jurors clear instructions about setting aside personal opinions. Written instructions and verbal reinforcement can help ensure that jurors stay focused on the facts.
5. Monitor Jury Behavior During Trial
Observe Juror Reactions
Jurors who appear disengaged or overly reactive to certain evidence may already have a leaning. Watch for changes in facial expressions, note-taking habits, and overall attentiveness.
Request Judicial Intervention if Needed
If a juror’s behavior suggests bias, attorneys can ask the judge to address it. In some cases, the court may issue a reminder about impartiality or, in serious situations, dismiss the juror.
Consider a Mistrial in Extreme Cases
If jury bias becomes obvious and affects the fairness of the trial, requesting a mistrial may be necessary. This is a last resort, but it can prevent an unjust outcome.
6. Leverage Jury Bias Analysis Tools like JuryScout
What is JuryScout?
JuryScout, a service from Magna Legal Services, helps attorneys uncover potential biases through digital research. By analyzing jurors’ public online activity, it provides a clearer picture of their views and potential leanings. Some biases are easy to hide in court but become clear online.
How It Helps Your Case
JuryScout finds patterns in jurors’ public statements, helping attorneys make better-informed jury selection decisions. Eliminating biased jurors from the start reduces the risk of unfair decisions. JuryScout provides attorneys with valuable insights before seating a jury, making it easier to ensure a fair trial.
Take Control of Jury Bias Before It Hurts Your Case
Jury bias can shape verdicts before the first witness even takes the stand. Waiting until the trial begins to address it is too late. Magna Legal Services offers the tools and expertise to help attorneys identify, challenge, and eliminate biased jurors. Contact us today to learn how we can strengthen your case by ensuring a fair and impartial jury.
