Jury Room. Photo: Diego M. Radzinschi/ALM Are More Jurors Just Defending Their Beliefs, Not Deliberating? 'As a Trial Lawyer, That Worries You'
Lawyers in high-profile trials have noticed more jurors in the deliberations holding steadfast to their beliefs, regardless of the evidence. That's causing mistrials, like the one this month involving Johnson & Johnson in a Florida talc trial.
March 29, 2024 at 07:00 AM
7 minute read
Cases and Courts
What You Need to Know
- Many lawyers blame the nation's polarization of politics, which has made it harder for jurors to listen to each other's views.
- One jury consultant who has experienced a big rise in mistrials hears comments in mock trials like, 'now I know why you wear a mask,' and 'I bet you voted for Trump.'
- Some attribute the shift more to jurors having already read about the issues and formed an opinion before being seated in a trial.
At the end of a month-long talcum powder trial against Johnson & Johnson earlier this month, jurors sent a note to the judge on the second day of deliberations to say they couldn't reach a verdict.
"We are hopelessly deadlocked and have no way to resolve it," they wrote to Miami-Dade Circuit Judge William Thomas, according to a Courtroom View Network broadcast of the trial.
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