Jury Summons

Jury Summons

Tuesday, February 26, 2019

Introversion, Extroversion, and the Jury

Research shows that jurors with the most influence during jury deliberations tend to be those who are more extroverted and male. (Dennis J. Devine, Jury Decision Making 166-67 (New York University Press 2012)). Additionally, those identified as more persuasive or influential tend to participate more than other jurors. (Id. at 166). These results hardly seem surprising considering the structure of jury deliberations, which may be geared more towards those who prefer to think through ideas and problems via conversation.

Introversion v. Extroversion

Introversion and extroversion are psychological preferences defined by how a person gets their energy or likes to spend their time. An extrovert tends to be energized by spending time with other people and lots of activities. Extroverts often process information by talking. Extroverts are also often viewed as outgoing and good with people.

In contrast, introverts tend to be energized by spending time alone or with one or two people they consider close friends. Introverts tend to be more reflective and reserved, prefer to do things on their own, and typically have only a few close friends (as opposed to having lots of friends like an extrovert). Some research suggests that introverts make up one-third of the United States population. Other research suggests that extroverts make up between 50 and 74% of the global population while introverts make up between 16 and 50% of the population.

Introversion and extroversion tend to exist on a spectrum, so many people may have a mixture of both traits (called “ambiverts”). In fact, as many as two-thirds of the population may be classified as ambiverts. (Want to determine whether you’re an introvert, extrovert, or ambivert? Take this quick test).

The Extroverted Ideal

Western culture seemingly favors extrovertsschool primarily caters to extroverts by placing students in big classrooms where kids must fight for attention and participate in group activities, and job interview formats favor those who are more charismatic and engaging, to name a few examples. Not to mention all of the articles and books written on how introverts can succeed in an extroverted world.

Susan Cain, a former lawyer turned author, wrote a book on introversion and suggested that Western culture favors extroverts who often come across as more charismatic. Moreover, she argued that the increased importance of group thinking and brainstorming tends to favor extroverts because these activities accommodate those who come up with ideas through conversation. Introverts, however, require time and space for deep thought and focus in order to come up with ideas.

Consequences for Juries

Jury service also appears to favor the extrovert by utilizing a group think type of approach to determine verdicts. Extroverts tend to prefer conversation to process information and solve problems, and so jury deliberations seem to be a good avenue for them to reach a verdict. Moreover, extroverts are likely speaking more frequently and for longer periods of time, and so are likely able to exert more influence over others during deliberations. Not to mention, it seems quite likely that introverts are not signing up to serve as the foreperson, who have been shown to be influential in jury decision-making. Research shows that introverts are more likely to stay away from leadership roles.

In contrast, introverts prefer to think on their own, so they are likely not speaking up nearly as often during deliberations. And this means that they do not have nearly as much influence, even if they may feel quite strongly about something or have valuable insights. Any teacher could tell you that more extroverted students tend to be the ones to voluntarily participate in open discussion formats, even if the more introverted students may have answers or thoughts that are not volunteered. Such a dynamic seems likely to play out in a group setting like the jury.

It also seems quite possible that the size of the jury may play a role in determining how significant the impact of introversion may be in deliberation. In other words, an introverted juror may feel more inclined to participate actively on a jury of six than on a jury of twelve. And an extroverted juror may be more influential on a jury of twelve where the sheer number of people may deter introvert participation.

Or perhaps even the foreperson’s approach to leading the deliberations may play a role in participation of the extroverted jurors as compared to the introverted jurors. An open discussion format may be less conducive to encouraging introverts’ participation than a more structured approach to deliberations where each juror is given designated talking time. Moreover, providing jurors with a balance between “group think” time and alone time to consider the issues may also benefit introverted jurors.

Interestingly, one research study revealed that subjects who answered a difficult question on their own were wrong only 13.8% of the time while those who answered the question with a group were wrong 41% of the time. This seems problematic for the jury process, which demands group problem solving. But it provides evidence for adopting more varied approaches during deliberations. In other words, perhaps it is important to provide jurors with time to think on their own and maybe even write out their analysis at various stages of deliberation, as one law professor has suggested.

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