Jurors, are you still there? -- Looking at Distractions and Jury Duty

In 2015, Microsoft conducted a study and concluded that the average human’s attention span is a mere eight seconds. Not only is this less than that of a goldfish (at a whopping nine seconds), but the study also showed that our attention spans have decreased since the year 2000 with the rise of the Internet. In the digital age where answers are just a Google search away, it is so easy to get distracted. If I’m watching or reading something and (a) I don’t understand, (b) want some context, or (c) have a follow-up question, I just pick up my phone and do some [seemingly] light researching. Sometimes I get an answer and move on with my life. Sometimes I find another interesting article and then another and oh look there’s a video about it and before I know it, I am fully invested and in the weeds and yes, Netflix, I am still watching.

With the convenience of the Internet, we are exposed to new information constantly. We feel compelled to check our phones to see what’s happening in the world whenever we have a second of free time. In his book, The Shallows, Nicholas Carr explains that living in this perpetual state of distraction hurts our ability to learn because we don’t give ourselves time to actually absorb and reflect upon new information. This leads to poor memory and also makes it difficult to logically connect pieces of information together.

The Microsoft study also showed that active Internet users “struggle to focus in environments where prolonged attention is needed.” They “roll out the welcome mat for every new distraction,” and it just so happens that courtrooms are full of them. Empaneled jurors are simply asked to take their seats, listen to the evidence, and apply them to the relevant law. But when trials last for weeks, days, or even just several hours, it is inevitable that jurors will find something to distract them.

In their article, attorneys Janet Lee Hoffman and Andrew Weiner compare jurors to audience members watching a performance, taking in and observing everything that is happening around them. From the clothing and appearance of the parties to the reactions from the judge to other spectators in the gallery, everything is under close scrutiny. Research has shown that even the parties’ physical distance away from the jury box has an effect on jurors. Jurors have been distracted by attractive defendants, celebrity jurors, and, recently in the Harvey Weinstein trial, singing outside the courthouse. 

In addition to external distractions, jurors can mentally disengage from what is happening in the courtroom—thinking about things they need to do after court is adjourned for the day, what they’re going to have for lunch, or when the next break will be. They can think about life's unsolved mysteries. They could even be thinking about the evidence, how it fits into the case, if the witness is credible—all the while missing the next piece being presented. This information overload can have negative repercussions on a juror's well-being, resulting in symptoms such as increased anxiety, low mood and energy, and impaired vision. Jurors may mentally and even physically shut down—there have been countless instances where jurors have fallen asleep during trial.

The concern with distracted jurors is that trials will not be fair. When it comes time for deliberation, how is the jury supposed to render a verdict or assess liability if Juror #5 was sleeping, Juror #8 was playing Sudoku on his phone, and Juror #1 was fixated on the color of the attorney’s shoes? Courts have overturned convictions for juror misconduct—think falling asleep or using social media—making trials inefficient.

To combat this, judges and attorneys have pushed towards a more active role for jurors. According to research conducted by the University of Liverpool, notetaking during trials has positive impact on evidence recall and verdicts, much like hand-writing notes in class helps you remember. Not only does notetaking improve memory, it also keeps jurors focused on what is being presented. Attorneys have implemented more visuals to keep the jury’s attention and simplify key concepts of their case, making the courtroom more like a classroom.