What are Jurors Thinking?

Anyone whose future is in the hands of a jury must wonder what jurors think as witnesses and evidence are presented in a trial. How sympathetic are they to a defense attorney’s argument? How persuasive is a particular piece of evidence? It’s a complex and changing puzzle that attorneys are constantly working to understand and predict.

Background

All people are an amalgamation of their past history and experiences, of course. Jurors come to the task with their own attitudes, emotions, and biases, through which every piece of evidence in a trial will be filtered. While they are instructed to make their decisions based only on the evidence presented in court, it’s impossible to know just how much influence their backgrounds have on their thinking. For example:

• Many people have real prejudices about race, gender, sexual orientation, the justice system, police officers, and more, whether the bias is conscious or not.
• Education, financial status, employment standing, living situation, and even zip code can sometimes be a window into a particular person’s world view.
• Some jurors may be experiencing stressors in their personal lives that impact their thinking and emotions.
• Past experience will have led to predeterminations and emotional leanings for or against particular people or circumstances.
• Some people are deeply empathic, and will sympathize so completely with one party that they cannot view a situation with a logical perspective.

Cognitive Bias

Another factor in the way jurors weigh what occurs in a courtroom is the possibility of cognitive bias. While one juror may cling to evidence that corroborates existing beliefs, another may be easily swayed by initial insights and be closed to later revelations in a trial. Still others may see one specific positive (or negative) quality in a person and be unable to see any other side to that person.

Voir Dire 

Attorneys use the voir dire process to select jurors for a particular trial. They have the opportunity to question each potential juror, and do so with the intent of discovering any bias that may impact their ability to weigh the evidence in an impartial manner.

What Impacts Thinking? 

How can a juror’s mind be swayed? Certainly, the presentation style of the attorneys is critical. Additionally, each witness will be judged to be credible or self-serving. And the demeanor of the defendant will be carefully observed and judged. In some cases, prior knowledge about a case or the defendant will influence a juror’s thinking. It is hoped that the judge’s instructions will have the heaviest impact and will guide each juror to a fair and careful judgment of the facts, outweighing any previous biases.

Fighting for You

The dedicated and experienced Las Vegas criminal defense attorneys at Lobo Law always fight for the best possible outcomes for our clients. To discuss your situation, schedule a confidential consultation in our Las Vegas office today.