Times are tough on the economic front. Consumer confidence, 401(k)'s, the Dow and home prices are down. Unemployment, bankruptcy, foreclosures and anxiety are up. Former engines of the U.S. economy have collapsed while others, like Chrysler, are on the verge of failure. The banking system nearly collapsed. Major layoffs are daily news. Even people and companies that are still in good shape have a completely different outlook on the economy, the stability of our institutions and the ability of our government to help resolve the crisis. Conspicuous consumption is out of vogue and cash is king.
How does a bleak economic picture impact jury verdicts? Will jurors become more conservative? Does a case in today's economy have the same value it would have had if it went to trial 18 months ago? Will jurors moderate verdict amounts, or be more likely to find in a certain way if they believe (right or wrong) that their verdict could put a company out of business and more people out of work? A jury that may have been willing to hit Chrysler with tens (or hundreds) of millions of dollars in punitive damages a few years ago might not want to render the verdict that they feel could literally break the company and do further damage to the economy. Some parties who are perceived to be a cause (or beneficiary) of the current economic climate might receive more hostile treatment in the jury room than another who is viewed as a victim?
Jurors don't ignore what is going on in the world, or their own lives, when they start to form impressions while considering evidence. The outside world also makes its way into the jury room during deliberations. We know that from post trial juror interviews and watching mock trial deliberations. Major events effect us all and often alter our outlook. Other than the Iraq war, and the Virginia Tech massacre, probably the last major national trauma that touched every American, as the current economic situation has, was 9/11. While the causes are dissimilar, and the damage different, the magnitude of the effect is similar and cannot be ignored.
Ronald Miller of the Maryland Law Blog has asked the question: How will the recession impact jury verdicts? It is a good question. Another question that trial lawyers should also consider is whether they should approach some aspects of a trial a little differently given the current economic situation and prevailing climate?
Dan Berexa
Nashville, Tennessee
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