Some jury trials show a pro-plaintiff bias, with jurors automatically sympathizing with the plaintiff and distrusting the defendant. This bias poses a problem for fair trials, but some argue it is not significant. Jurors should be unbiased, and the selection process is flawed.
Some studies have shown a trend toward plaintiff bias in jury trials. Jurors are said to feel an almost automatic sympathy for the plaintiff in a trial, distrusting the defendant in the case from the outset. While all jury trials do not begin with this level of bias, some legal authorities say that a significant proportion of trials begin with pro-plaintiff juries.
If juries have a tendency to be pro-plaintiffs, this bias poses a real problem for the legal system. Essentially, every juror should go to a trial with a clean slate. This means that the juror should not be biased against either party in a case. If a juror is likely to find all defendants guilty until proven guilty, that is not a good choice for a jury, as bias is not conducive to fair trials.
While some may think that pro plaintiff juries are more often seen in cases involving heinous crimes, many say they are just as often seen in cases involving companies as defendants. Those who accuse juries of being pro-plaintiffs say scandals involving the companies taint the justice system, causing jurors to feel hostile and suspicious of corporate defendants from the outset of their trials. Some believe that a pro plaintiff juror sees a trial involving a corporate defendant as an opportunity to correct an unfair system and punish the company with a hefty fine.
Others argue that pro-plaintiff juries are not a significant problem, especially since they affect the companies as defendants. These legal experts say jurors are naturally suspicious of plaintiffs and their motives for bringing lawsuits against the companies. They say jurors share similar views to those of the general public, finding many plaintiffs’ motives suspicious.
A real and frightening problem exists whether a jury can be labeled pro-plaintiff or pro-defendant. The real point of a jury trial is to see that individuals who are unrelated to the case and free from bias serve justice through the passing of a verdict. For this reason, prospective jurors are carefully screened during the jury selection process. Unfortunately, however, the selection process is flawed and bias still finds its way into the courtroom at times.
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