Bar Bulletin

Bar Bulletin

Growing Issues with Trust at Trial

November 2019 Bar Bulletin

 

Each week a new jury verdict in the millions or even billions of dollars splashes over our national headlines. In fact, a recent jury award exceeded the gross domestic product of Monaco. These verdicts raise important questions about today’s juries. Can you still trust a jury to make a reasoned decision? Can you still trust today’s jurors, or even more important, do today’s jurors trust you? 

In our last column, we introduced the concept of jury economics, a model explaining how today’s jury decision-making is egocentric, economical and symbolic. The model integrates the significant cultural, social and technological changes we have seen take hold in the...

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