August 2021 Bar Bulletin
There has been much written about how the pandemic and other recent major events have impacted jury psychology and what it means in the deliberation room. Some theorize that the whirlwind events of 2020, which also include race debates and a divisive presidential election among others, have led Americans to experience heightened emotional states. We have spoken to some plaintiff attorneys who argue that these heightened emotional states benefit them the most because it makes jurors more susceptible to emotional plays that often predominate in plaintiffs’ trial presentations. Defense attorneys counter with the suggestion that jurors are more cognizant of the struggles that businesses,...