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Business Scandals Have Robbed Jurors of Objectivity
Daily Policy Digest

Legal Issues / Legal System

Monday, August 12, 2002
Almost constant revelations of business misconduct have tarred the images of even the most pristine companies in the minds of many Americans -- and that presents a problem for lawyers defending companies in legal actions. Seldom before have so many prospective jurors exhibited anti-business biases, lawyers say.
  • These problems of finding a non-biased jury is compounded by the increasing probability that jury candidates may have suffered investment losses and they are determined to "get back" at business in general.
  • Legal experts report that many jurors are showing a tendency to discredit statements by corporate executives simply because they are corporate executives.
  • Attorneys and jury consultants say the fallout is evident in everything from employment suits to intellectual property disputes.
  • In a recent survey, 1,000 people were asked to what extent they agreed with the statement: "A representative of a company will say whatever it takes to keep the company out of trouble," -- and 72 percent either agreed or strongly agreed.
Jurors are no longer immune from sweeping judgments such as misconduct by corporate managers "is a disease that infects all big companies."

In one recent mock trial -- one of more than 200 conducted around the country by DecisionQuest, a Los Angeles jury consulting firm which found consistent antibusiness bias -- jurors discussed the possibility that corporate documents may have been shredded, even though there was no allegation that they had.

 Source: Michael Orey and Milo Geyelin, "Lawyers Find Jury Pools Polluted by Antibusiness Biases," Wall Street Journal, August 12, 2002.

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