It’s no secret that many jurors form opinions in real-life trials based on what they have seen on TV and in movies. This can create some problematic assumptions and misconceptions that work against the defense. Below are a few examples:
“That’s not how Dr. House did it.”
Based on years of watching medical dramas during which healthcare providers can solve even the most complex of medical mysteries in 43 minutes of airtime, jurors sometimes have elevated expectations for caregiver efficiency and expediency in real life. Especially in cases involving claims of delayed diagnosis, jurors’ expectations for caregiver speed and accuracy – even when trying to diagnose extremely rare conditions – can be especially problematic. Over the years, jurors have evaluated case facts based on what they saw on ER, then House, and more recently shows such as The Resident and The Good Doctor. We doubt that networks will stop producing these shows anytime soon, so when preparing a case for mediation or trial you need to be aware of what your jury pool is watching, how the medicine is presented in those shows and how that affects lay jurors’ expectations for care.
“Where is the ‘You can’t handle the truth’ moment?”
When talking to research participants who have served on real juries, we have noted a common thread among those with real courtroom experience is that civil trials are vastly different from what is portrayed in movies and TV shows – primarily the slow pace of the proceedings and the lack of dramatic “gotcha” moments. There often isn’t much you can do to make hours of testimony more exciting, but you can use technology and compelling demonstratives to keep jurors engaged. We always advise clients not to shy away from using technology in the courtroom (whether out of fear of overwhelming jurors or giving the impression your client has more money than the other side) – because jurors absolutely expect it. One of the benefits of live or online research is the opportunity to get early feedback on the most effective videos, animations and visuals for your case.
“Oh, so it’s like Bull!”
When conducting jury research, we have noticed that many participants mention how our focus groups and mock trials remind them of the CBS show Bull. Whatever you think about that particular show, the fact is respondents get excited when they learn they are participating in something that can impact how real lawyers present their case, and the decision of whether the case even goes to trial in the first place. In other words, not only is the process cool, it is important and it matters. The same applies to trial jurors seated in the actual venire – if they feel invested in your case, the more engaged and open minded they will be. Especially considering the proliferation of Reptile Theory arguments that push the notion that fairness and justice only apply to one side, getting jurors to care about your side’s evidence, witnesses, experts and narrative is especially important.
“There is always video.”
Speaking of Bull, given the level of technology the public is accustomed to seeing used on legal TV shows and movies, one of the first questions we encounter during live or online research is, “Where’s the video?” Especially in medical malpractice cases, we find ourselves frequently explaining that having video cameras in operating rooms or recovery areas would be HIPAA violations, yet we are still met with deep skepticism regarding this “missing” footage. The same applies to any premise liability case, even in locations such as a hotel or cruise ship where privacy is a priority. We have learned that one way to address jurors’ expectation for “everything to be recorded these days” is to explain that both sides have a vested interest in obtaining such surveillance video, and if it was out there it would certainly be in evidence.
If you would like our help evaluating what kind of research is the best fit for one of your pending cases, we’d be happy to lend our perspective. Contact Partner/Senior Vice President Claire Luna at cluna@juryimpact.net or 714.754.1010 to find out more about our services.
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Pivoting During a Pandemic
With all in-person projects postponed until May at the earliest, we have turned to web conference focus groups to address our clients’ research needs in a timely fashion. Even while travel and courts are at a standstill, there is still a strong interest in developing case strategy – especially when mediation and settlement deadlines are looming this summer.
Through Zoom and our Instant Response technology partner, we have developed an effective and innovative way to conduct focus groups that allows the same kind of challenging, juror-driven discussion you love from Jury Impact but through remote technology. Juror predispositions, case facts, arguments, witness videos and damages can all be tested while you observe and communicate with our backroom analysts to make sure the research stays focused on your priorities.
Jurors are craving both social interaction and financial compensation right now, and this format allows your trial team to safely explore their perspectives through virtual-only research. Contact us for more information on this approach, or a no-cost webinar to see exactly how this works.
