Juror stress

Regular participants in the legal system, like lawyers and judges—hardly any of whom have ever served as jurors—often find it difficult to envision the levels of stress that jurors may experience in cases that seem routine to legal professionals, let alone in high-profile cases.  Prof. Thomas Hafemeister, an expert on juror stress, provided the following list of possible sources of juror stress in 41 Advocate 14 (1998) [magazine of the Idaho State Bar]:

• Receipt of the jury summons, which is often intimidating and confusing

• Making arrangements in order to be able to report for duty

• Arriving at court, often in an unfamiliar part of town

• Insufficient orientation concerning juror responsibilities

• Being herded around or left unattended without explanation

• Unpleasant physical facilities in the courthouse and environs

• Feeling like they are on trial during jury selection

• Delays (often unexplained) during trial

• Admonition not to talk about the one thing they have in common—the case

• Frustration at lack of understanding of what is occurring during the trial

• Frustration with perceived shortcomings of the attorneys

• Lengthy trials

• Having to decide an important matter, and the fear of deciding it wrongly

• In high-profile cases, fears about what relatives, friends, and the public will think of the decision

• Deliberating, particularly if rancorous and/or a deadlock develops

• Difficulty in understanding jury instructions

• Death penalty cases

• Grisly evidence, particularly if it is presented visually

• Emotional reactions of people in the courtroom when the verdict is announced

• Post-verdict requests to talk about the case

Obviously, the more of these factors that are present in a case, the more likely it is that at least some jurors will experience significant stress.  And certain combinations of circumstances are virtually guaranteed to cause significant stress to all jurors, such as a lengthy death penalty case with grisly visual evidence—particularly if the jurors are sequestered, which is a significant source of stress in and of itself.

Some of these sources of stress could be remedied, and many jurisdictions are striving to do so (see the Jury Improvements portion of this Web site for examples). If these efforts are successfully implemented, then several important sources of stress can be alleviated. But such efforts are a work-in-progress in most places. Further, some sources of stress are simply unavoidable. Thus, many jurors will continue to experience significant stress.

A few courts have pioneered efforts to help with juror stress in extreme cases where many stressors exist. Most often, this involves making available a mental health professional after the verdict to conduct either group or individual debriefings.

The Center for Jury Studies of the National Center for State Courts has literally “written the book” on juror stress. That handbook entitled Through the Eyes of the Juror: A Manual for Addressing Juror Stress, is available online here.

Other excellent resources include James E. Kelley, Addressing Juror Stress: A Trial Judge’s Perspective, 43 Drake L. Rev. 97 (1994), and Cynthia A. Joiner, Juror Stress, 16 Pa. Lawyer 25 (1994).