How civil juries really decide cases

What is a jury’s process of deliberation during a civil trial? How do jurors process the information they receive in the courtroom? What factors influence their decisions? These were some of the questions answered during the program, “How Civil Juries Really Decide Cases,” at the ABA Midyear Meeting in Los Angeles.

The program featured panelists Shari Siedman Diamond, American Bar Foundation; Matthew Butler, Nicholas and Butler LLP; Chauntis T. Jenkins, Porteous Hainkel and Johnson LLP; and Gregory Bergman, Bergman and Dacey, Inc. who discussed recent research from the American Bar Foundation that analyzed more than 800 juror questions made during civil trials in Arizona.  

Providing rare insight into juror thinking, the research shows that juries take their decision making seriously. Rather than biased advocates for one side or the other, as many believe, juries are intensely engaged in the process of problem solving, realizing that it will be ultimately up to them to deliver a verdict. 

The perception is that jurors have strong verdict preferences, said Diamond. However, “jury deliberations rarely begin without ambiguity.”  

Furthermore, when receiving testimony, jurors seldom just record and store the information for later use in the deliberation room. Instead, juries form impressions as evidence is presented, sorting conflicting testimony in an effort to produce a plausible account of the events that led to trial, according to the study.

When presented with conflicting evidence, juries assess the plausibility of witness accounts. Jurors look at whether lawyers used objective methods to reach conclusions. They also seek external standards to assess the reasonableness of behavior, such as comparing a claim to what is typical in a given set of circumstances.  Rarely do juries use the prestige of the lawyer or witness—occupation or education, for instance—to assess credibility. Rather, juries spend considerable time scrutinizing the quality of the arguments.

Findings also indicate that jurors:

• Pay close attention to jury instructions as a guide to their duties
• Expect conflicting witness and expert testimony
• Draw on personal experience to form trial impressions
• Are aware of the action “off stage” — behavior of all persons in the courtroom
• Have relevant occupational expertise

The Young Lawyers Division and the American Bar Foundation sponsored the session. 

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