Source of article 2's Company - Magnus Insights.

The role of a trial juror is critical in American justice and yet, jurors are often criticized collectively by many trial lawyers and the general public. Being a juror is a difficult job; sitting in judgment of your fellow citizens can be very stressful, and trials are not nearly as exciting and fast paced as they seem on TV or in movies. They just aren’t! Never have been, never will be. But, in a world where attention spans are shorter than ever, new challenges emerge. Keeping the jurors “entertained???, and therefore, awake, has never been more important. A December 2017 article in the Wall St. Journal (December 9, 2107, page 1!) entitled “Your Honor, The Jury Rests??? brought the issue to the forefront. As noted in the article, the conditions under which jurors participate are difficult. They are corralled in a small space – we call it a jury “box??? for goodness sake! They sit for hours, breaks can be few, and very few lawyers are compelling enough to be compared to Perry Mason or Atticus Finch (not that some of today’s jurors will even know these names). (In fairness, it is probably often that the subject matter and procedural rules that keep lawyers from being as compelling and strong with their oratory skills as, perhaps, preachers, whose well skilled delivery keeps their congregations engaged week after week – though I have heard some lawyers who sound like preachers – for good or bad.) The article, and subsequent letters to the editor, pointed out some tips to try to keep the jury engaged. These include: taking breaks before key witnesses, and more breaks in general; schedule the more engaging witness testimony for after lunch and less exciting testimony in the mornings; allowing juror note taking and questions (which are both increasingly common), walking close to the jury box and speaking loudly. Judges have been known, according to the article, to “signal??? to a juror sitting next to a juror who appears to be nodding off to “nudge??? the nodder. Calling out a sleeper in open court is discouraged; it is inconsiderate and the juror may have a reason for being sleepy (health and family issues, work shifts, etc.) AND the juror may not be asleep. In our mock juries, clients sometimes get worked up when they think that a juror is sleeping when, in fact, he/she was listening with eyes closed. While the attorneys are sometimes offended by this – by thinking they were not worthy of being listened to – in truth, with this issue and many others, attorneys need to adapt to the realities of jurors and juries. And, as pointed out by a reader of the original article, perhaps this is an area to address in voir dire. Asking the venire members how many hours of sleep they get a night may help identify those who, for whatever reason, are prone to sleep deprivation. Sleep deprivation, as the writer noted, reduces attention; impairs memory both learning and retention; information processing; and decision making. Lastly, there is also the need for some attorneys to “step it up.??? With fewer and fewer trials, the opportunity to practice trial presentation skills has diminished and may be part of the sleeping problem. The “old school??? use of trial exhibits in lieu of electronic exhibits is also a factor – the jurors must be kept “entertained??? – or at least engaged. And, there is a need for both old school and new school exhibits – attorneys should carefully chose the “right??? style, which is most often using a mix of both. A well done electronic presentation can control attention in ways that should enhance memory and attention. And, then there is the practice effect. It may not be possible for practice to make perfect in the courtroom – there are too many variables at play. But, failing to practice is a sure way to lose the jury. And, as a shameless plug, I’ll add that conducting mock trials as a way of “practicing??? has many advantages. Now, to keep the judge awake…