Jury Summons

Jury Summons

Friday, February 22, 2019

TLDR: The Advent of the Millennial Juror

In the eyes of many Americans, jury duty is stressful, expensive, and perhaps even comparable to a root canal. But could that tide be turning? The oft-analyzed group known as "Millennials" (or Generation Y) may be shifting such perceptions. The topic of jury duty came up in a recent episode of "The Morning Toast," a YouTube and podcast-based morning show geared toward millennials. One of the hosts bemoaned the American jury system and the participation of "rural jurors" who "can never get it right." She concluded by adding, "I need to get on a jury." 

Interestingly, this small exchange could be symbolic of the broader feelings of the millennial generation regarding jury duty--maybe millennials want to serve on juries. Millennials are showing up for jury duty in greater and greater numbers, and while most of this can be attributed to millennials aging into eligibility, perhaps more enthusiastic attitudes toward jury duty could also contribute. Many practitioners have noted that the public has a negative perception of jury duty, and some suggest that this is especially the case with millennials. However, once on a jury, millennials are increasingly taking on the role of jury foreperson. Even if millennials are not thrilled with the idea of jury duty initially, they seemingly become very involved once selected. Maybe millennials only detest jury duty if they are not selected to be one of the jurors. 

Lawyers are increasingly studying up on how to "manage" millennial jurors. Most advice provided to lawyers about millennial jurors centers around providing visual learning aids, catering to their short attention spans, and keeping in mind their comfortability with technology. One publication that sought to take on the topic of millennials as jurors even daringly tried to take on the millennial vernacular, naming their article "How to Be HundoP and on Fleek." Other publications openly demonstrate an annoyance or distaste for millennial jurors; one such article lures their readers in with the statement, "You can’t bump every 25-year-old off the jury. Here’s how to work with them." 

Even specific trial areas have their own take on millennial jurors. One 2016 article documented the discussion surrounding millennial jurors at a Motor Vehicle Product Liability Litigation conference sponsored by the American Bar Association. The piece provided survey data on millennial attitudes regarding certain issues encountered in product liability cases. The survey provided the following statistics: 

  • 71% of Millennials surveyed agree that most Big Business puts profits before people and safety;
  • 84% felt that Big Business needs to take every safety precaution “no matter how impractical or costly” and 63% of those strongly agreed with that statement;
  • Millennials don’t believe government safety standards are the appropriate metric against which safety should be measured;
  • In fact, 88% of the Millennials surveyed agreed that “companies should be held to a higher safety standard than what government regulations require.”
Notably, there are some potential pitfalls that potentially accompany millennial jury service. In conformance with the stereotype, millennials may be more inclined to use the internet and social media to (a) "tell their friends and family about what is transpiring in the courthouse," and (b) "search for information about the case on the internet." A preliminary glance at the millennial hub Instagram and a quick search of the hashtag "#juryduty" seemingly confirms point (a). Both of these issues, however, may exist beyond just Generation Y-- a New York Times article from ten years ago (excluding ten years' worth of eligible millennial jurors) described the increase in mistrials due to internet research and communication. 

Whether or not millennials like jury duty or not, one thing is clear: they sure like vlogging about it. 

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