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Jury Diversity
Presented by:
P. John (Jack) Brady
Jury Diversity
How the increased generational, gender,
racial and ethnic diversity of today’s juries
impact every phase of...
“Beware of the Lutherans, especially the
Scandinavians; they are almost always sure to
convict. Either a Lutheran or Scand...
Age Distribution of Jurors
Venire Panel Seated Behind Bar
Remember the Obvious . . .
 Jurors judge evidence and determine if it
matches what they know to be true.
 Jurors evaluat...
By the Numbers
Generational
Label
Coming of Age and
Current Age Current Perspective
Silent Generation
“Matures”
• Born 1928-1945
• Now 70...
“The Second Booming”
Millennials
 Birth years: 1981 – 2000
 Current ages: 16 to 35
 Also known as:
– “Internet Generation”
– “Nexters”
– “Ge...
Generational Size: Percentage of Total Population in 2011
iGeneration 21.5%
Millennials 24.9%
Generation X 16%
Boomers 24....
Nation’s Race and Ethnicity in 2011
(% by generation)
0 20 40 60 80 100
Millennial
Gen X
Boomer
Silent
Greatest (born befo...
Generation X
Lifestyle Choices & Values
 Defer marriage and children until later in life.
 Balance between work and life...
Generation X
Lifestyle Choices & Values
 Little deference to authority figures.
 Very accepting of racial and sexual div...
Millennials
Lifestyle Choices & Values
 Lifestyle is very different from any other previous
generation.
 Raised by very ...
Case Narrative
Trial Applications
Manage Your Presentation
 Show these jurors in the EARLY stages of trial –
opening, plaintiff’s case – that you have the ...
Set Your Stage
 Provide succinct stories with a large amount
of visual support.
– More passive learners.
– Attention span...
Speak to Their Life Experience
 Describe personal injury damages in terms
of lost friendship, freedom and expression.
– F...
Active Conditioning
 “Awareness Advertising” rules apply.
– You must carve out your position and condition
the jurors to ...
Show, Don’t Tell
 You must be an “actor” in the courtroom
and provide constant stimulation for your
audience.
– Change is...
Early Trial Preparation
 Think about your “visual” strategy at inception
of the case.
– How do you visually express your ...
Polsinelli provides this material for informational purposes only. The
material provided herein is general and is not inte...
Jack Brady
Polsinelli PC
jbrady@polsinelli.com
816.374.0515
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Jury Diversity

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Polsinelli shareholder Jack Brady presents on jury diversity, and how the generational, gender, racial and ethnic diversity of today’s juries impacts the presentation of evidence during all phases of a trial. This presentation was initially given at the ABA Section of Litigation's Section Annual Conference in April 2016; co-panelists included Judge Wiley Daniel from the U.S. District Court of Colorado.

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Jury Diversity

  1. 1. Jury Diversity Presented by: P. John (Jack) Brady
  2. 2. Jury Diversity How the increased generational, gender, racial and ethnic diversity of today’s juries impact every phase of your trial preparation.
  3. 3. “Beware of the Lutherans, especially the Scandinavians; they are almost always sure to convict. Either a Lutheran or Scandinavian is unsafe, but if both in one, plead your client guilty and go down the docket. He learns about sinning and punishing from the preacher , and dares not doubt. A person who disobeys must be sent to hell; he has God’s word for that.” ̶ Clarence Darrow, 1936
  4. 4. Age Distribution of Jurors
  5. 5. Venire Panel Seated Behind Bar
  6. 6. Remember the Obvious . . .  Jurors judge evidence and determine if it matches what they know to be true.  Jurors evaluate and compare their own case- relevant feelings, actions, and options with those of the litigants.  Depending on their life experiences, jurors may entirely agree with or completely disagree with the position of either party.
  7. 7. By the Numbers
  8. 8. Generational Label Coming of Age and Current Age Current Perspective Silent Generation “Matures” • Born 1928-1945 • Now 70-87 years old Conservative. More uncomfortable than younger generations with social changes (including racial diversity & homosexuality. Social Security as top voting issue. 79% non-Hispanic whites. Very frustrated with government. Baby Boomers “Me Generation” • Born 1946-1964 • Now 51-69 years old Nearly ½ say life in US has gotten worse since the ’60’s. Concerned about finances may not retire. Boomers have grown more critical of government in last decade. Jobs most important voting issue. Generation X “Baby Busters” “Slackers” • Born 1965-1980 • Now 35-50 years old Similar to Millennials on social issues. Since 2009, financial worries. Backed Obama in 2008, but went Republican in 2010. Jobs most important voting issue. Millennials “Generation Y” “Boomlet” • Born 1981-2000 • Now 16-35 years old Socially liberal; high rates of unemployment but still upbeat. Most diverse generation: only 59% are non- Hispanic whites. iGeneration • Born 2000 to present
  9. 9. “The Second Booming”
  10. 10. Millennials  Birth years: 1981 – 2000  Current ages: 16 to 35  Also known as: – “Internet Generation” – “Nexters” – “Generation Y” – “Echo Boomers”  70 million-plus members  3 times the size of Generation X  26% of the entire U.S. population Living in a Digital World.
  11. 11. Generational Size: Percentage of Total Population in 2011 iGeneration 21.5% Millennials 24.9% Generation X 16% Boomers 24.7% Silents 13% 11 21.5% 13% 24.9% 24.7% 16%
  12. 12. Nation’s Race and Ethnicity in 2011 (% by generation) 0 20 40 60 80 100 Millennial Gen X Boomer Silent Greatest (born before 1928) Other Asian Black Hispanic White 12
  13. 13. Generation X Lifestyle Choices & Values  Defer marriage and children until later in life.  Balance between work and life. – “Never confuse having a career with having a life.”  Embrace a “look out for yourself” attitude.  Low expectations of government programs.
  14. 14. Generation X Lifestyle Choices & Values  Little deference to authority figures.  Very accepting of racial and sexual diversity as a fact of life.  In many ways, more conservative than Baby Boomer generation.
  15. 15. Millennials Lifestyle Choices & Values  Lifestyle is very different from any other previous generation.  Raised by very involved parents.  One in three is not a Caucasian.  Extremely technologically savvy.  Impacted greatly by 2008 rescession.  Suspicious and cynical – “dyed-in-wool skeptics.”
  16. 16. Case Narrative Trial Applications
  17. 17. Manage Your Presentation  Show these jurors in the EARLY stages of trial – opening, plaintiff’s case – that you have the facts and data.  Focus EARLY on the outcome of your case – What is the meaning of your case? – What do you need them to do? – What happens when the jury decides?  Be careful with the jury’s time at all stages of the trial. – Want facts without extraneous details. (Difficult for many lawyers to do!) – Stay concrete and practical.
  18. 18. Set Your Stage  Provide succinct stories with a large amount of visual support. – More passive learners. – Attention span is shorter. – Will not tolerate a long case presentation. – Will disdain argument that feels more like spin than substance.
  19. 19. Speak to Their Life Experience  Describe personal injury damages in terms of lost friendship, freedom and expression. – Fairness is always the best case theme. – These jurors resist emotional appeals.  Do not editorialize about your client. – Tell descriptive stories in the active voice from client’s perspective.  Do not focus your presentation on whom you think the foreperson or jury leader will be.
  20. 20. Active Conditioning  “Awareness Advertising” rules apply. – You must carve out your position and condition the jurors to prefer your position. – In face-to-face communication: • Relevant impact of words is 7%. • The manner in which you deliver those words accounts for 38% of impact. • The impact of visuals is 55%.
  21. 21. Show, Don’t Tell  You must be an “actor” in the courtroom and provide constant stimulation for your audience. – Change is necessary throughout your various presentations. – Combine use of various types of demonstrative aids • Foam boards still effective • Almost always will need to display critical documents electronically • Be careful of over-using PowerPoint
  22. 22. Early Trial Preparation  Think about your “visual” strategy at inception of the case. – How do you visually express your themes and case narrative? – A visual concept will help shape a verbal argument.  Develop a juror generational reminder sheet for your trial notebook and use it.  Resist defaulting to demographic stereotypes – Especially in venues with limited voir dire opportunities
  23. 23. Polsinelli provides this material for informational purposes only. The material provided herein is general and is not intended to be legal advice. Nothing herein should be relied upon or used without consulting a lawyer to consider your specific circumstances, possible changes to applicable laws, rules and regulations and other legal issues. Receipt of this material does not establish an attorney-client relationship. Polsinelli is very proud of the results we obtain for our clients, but you should know that past results do not guarantee future results; that every case is different and must be judged on its own merits; and that the choice of a lawyer is an important decision and should not be based solely upon advertisements. © 2016 Polsinelli PC. In California, Polsinelli LLP. Polsinelli is a registered mark of Polsinelli PC
  24. 24. Jack Brady Polsinelli PC jbrady@polsinelli.com 816.374.0515

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