NAVIGATING NEGATIVE BIAS IN MOCK TRIALS
Sometimes people just don’t like certain things. People have biases, often without the least bit of knowledge that they have them! This is one of the difficulties in any form of research, and most especially in jury research. When a legal dispute is on the line, a person’s personal issue with one industry or company can completely flip the script on an attorney. This is one of the major factors trial consultants have to push with their clients, because it can be make or break for an entire case.
A recent CourtroomSciences article explored negative bias through the lens of the trucking industry. They wrote, “Certain industries, like trucking, occasionally attract more negative attention than others. According to jury studies and interviews, many jurors tend to hold a negative bias against the trucking industry. The media tends to paint trucking companies as negligent or dangerous entities.”
This is the kind of negative bias an individual may have without even being aware of it. Another example would be corporations in general. Many public citizens tend to naturally side with an individual over a large corporation, as this is just the standard attitude most people take in relation to a large conflict like a lawsuit. In order to properly navigate these attitudes, trial consultants must coach their attorneys to sell the jury on certain ideas and industries. If you’re representing a trucking company, you have to first respond to the possible bias that a juror may have against trucking companies before you can hope for them to clearly work through the evidence you present.
One of the best ways to weed this out is exceptionally thorough voir dire questioning, as well as clear evidence presentation. Another great way to understand jury bias is utilization of a tool like LiveView® Notes. This will allow you a glimpse into the mind of your jurors and more clearly discern whether or not bias is even occurring. If it is, this is a great way to get in front of it and mitigate it before things get out of hand.
Navigating jury bias is an essential part of running a mock trial, and with the right tools, you can achieve a best case scenario in the courtroom with far less hassle and far greater success.