By Scott Herndon, M.A.
Traumatic national events, like the COVID-19 pandemic elicit a broad range of emotions in potential jurors. Jurors, like all of us, worry about the safety of our family and loved ones, keeping jobs, the state of the economy, or the stress of taking on new family and educational responsibilities. Recently, we have conducted some national survey research and the data demonstrates that the pandemic has heightened many latent juror attitudes about the government, corporations, and many other institutions and business. These stressors and biases combine to create a mix of emotions that potential jurors bring into the courtroom. Overwhelmingly, and not surprisingly, research on emotion and affective states demonstrates that people bring their emotional baggage with them when making decisions and passing judgements, even if they consciously realize their anger or sadness is extrinsic to the decision they are making. It’s simply human nature. Continue reading