While presenting at a CLE seminar with a panel of litigators and judges about the psychology of jurors, I presented a piece of data I had collected over the years to the crowd. In my research, I have asked thousands of jurors to answer this question: In a trial, is it most important that the jury makes a decision that a) follows the rules set by the judge, or b) the jury believes is fair? While most of the lawyers on the panel were not surprised, some of the judges were no less than dismayed to see that 61 percent of the folks surveyed indicated it is more important that the jury makes a decision it believes fair.
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When Are Jurors' Sense of Fairness at Odds With the Law?
The Legal Intelligencer
February 1, 2012
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