As courthouses across the country face backlogs of cases and struggle with the best way to conduct jury trials in this “quasi” post-pandemic period, Trial Methods set out to take the pulse of the public by collecting data online from over 150 jury-eligible people from 15 counties across the country. These counties were selected because they represent a range of geographically, demographically and politically diverse subsets of the population. The results from the 2022 survey, conducted every year in the spring since 2017, show trends over the last 5 years as well as patterns since the start of the pandemic. 

One goal was to quantify the percentage of prospective jurors who express reluctance to appear for jury duty if called to serve in the near future. In 2022, 85% of prospective jurors said if called, they would show up to court on the day of their summons and serve as a prospective juror. Conversely, 15% said they would not appear. While some jurors reticent to appear for jury duty mentioned concerns over Covid and being around large groups of people, specific reasons for not wanting to appear were mostly similar to “excuses” from prior to March of 2020. In other words, when asked why they would be unwilling to show up for jury duty most of the reasons fell into the following non-Covid related categories:

  • Too much time away from work – cannot afford to
  • Over 70 and/or disabled; have some medical concern and court will exempt me
  • Waste of my time

Attitudes of Post Covid-19 Jurors

Below is a series of questions we asked panelists about Covid-19 back in June of 2020 and spring of 2021. The updated 2022 responses are included.

June 2020 April 2021 April 2022 Percent Change
It would be unfair to expect citizens to show up for jury duty during the current phase of the Covid-19 pandemic 75% 70% 59% -11%
Most corporations are trying to do the right things during this pandemic 67% 69% 63% -6%
The Covid-19 pandemic has taken a financial toll on me 55% 49% 47% -2%
The Covid-19 pandemic has taken an emotional toll on me 55% 60% 59% -1%
If I was called to jury duty during this pandemic and ended up serving I would be mad at one or both or all of the parties involved for making me sit as a juror 46% 43% 38% -5%
The media has overblown the public health risks associated with Covid-19 42% 43% 50% +7%
I would have less sympathy for someone bringing a lawsuit during the Covid-19 pandemic 41% 27% 27%  0%
Lockdowns in my state have gone on for way too long 36% 38% 37% -1%
The government has overreacted to the public health risks associated with Covid-19 34% 36% 43% +7%

As mentioned, in January of 2017, Trial Methods asked participants nationwide a series of litigation related questions online and has been tracking such questions since then. Below is a summary of how respondents answered the questions over the years with the updated April of 2022 sample. Similar to the pandemic-related questions, the percent change column on the right shows any shift in attitudes between April of 2021 and April of 2022.

LAWSUITS VS. CORPORATIONS

2017
Percent Agree
2018
Percent Agree
2019
Percent Agree
June
2020 Agree
April
2021 Agree
April
2022 Agree
Percent Change
Plaintiffs often exaggerate their claims in order to increase damage awards 74% 66% 63% 66% 65% 63% -2%
Making corporations pay big jury awards is the best way to make them follow the law 69% 66% 81% 70% 70% 65% -5%
If a case makes it to trial it is likely there is some truth to the plaintiff’s claims 59% 58% 61% 65% 60% 69% +9%
It would be difficult for me to deliver a jury verdict that meant an injured party would receive no money 53% 55% 56% 55% 55% 47% -8%

If you heard about allegations of corporate misconduct which would you be most likely to believe? 2017
Percent Agree
2018
Percent Agree
2019
Percent Agree
June
2020 Agree
April
2021 Agree
April
2022 Agree
Percent Change
The corporation did something wrong 59% 74% 74% 72% 71% 75% +4%
Someone is trying to get some easy money 41% 26% 26% 28% 29% 25% -4%

Generally do you think individuals who file lawsuits are: 2017
Percent
Agree
2018
Percent
Agree
2019
Percent
Agree
June
2020
Agree
April
2021
Agree
April
2022
Agree
Percent
Change
Trying to place responsibility where it belongs 64% 80% 80% 69% 70% 65% -5%
Refusing to take responsibility for their actions 36% 20% 20% 31% 30% 35% +5%

Do you agree or disagree with the idea of awarding punitive damages? 2017
Percent
Agree
2018
Percent
Agree
2019
Percent
Agree
June
2020
Agree
April
2021
Agree
April
2022
Agree
Percent
Change
Strongly agree 29% 21% 31% 27% 29% 17% -12%
Tend to agree 57% 69% 52% 60% 53% 65% +12%
Tend to disagree 14% 9% 17% 12% 14% 15% +1%
Strongly disagree 0% 1% 0% 0% 5% 3% -2%

CORPORATION VS. CORPORATION

2017
Percent
Agree
2018
Percent
Agree
2019
Percent
Agree
June
2020
Agree
April
2021
Agree
April
2022
Agree
Percent
Change
Companies frequently sue other companies for bad business deals 73% 65% 64% 60% 60% 59% -1%
A company will break a contract if it thinks it can get away with it 72% 79% 77% 75% 67% 72% +5%

CORPORATE ETHICS

2017
Percent Agree
2018
Percent Agree
2019
Percent Agree
June
2020 Agree
April
2021 Agree
April
2022 Agree
Percent Change
Corporations are more unethical today than they were 5 years ago 58% 61% 52% 62% 60% 71% +11%
Juries should punish corporations for unethical conduct even if that conduct was legal 45% 53% 52% 61% 67% 55% -12%

EMPLOYMENT LITIGATION

2017
Percent
Agree
2018
Percent
Agree
2019
Percent
Agree
June
2020
Agree
April
2021
Agree
April
2022
Agree
Percent
Change
We need to strengthen laws against employer discrimination in this country 66% 84% 84% 82% 82% 73% -9%

How common is race discrimination on the job in the U.S.? 2017
Percent
Agree
2018
Percent
Agree
2019
Percent
Agree
June
2020
Agree
April
2021
Agree
April
2022
Agree
Percent
Change
Very common 17% 28% 24% 24% 29% 20% -9%
Common 48% 42% 49% 54% 49% 47% -2%
Uncommon 32% 26% 24% 19% 19% 26% +7%
Very uncommon 3% 4% 3% 2% 4% 7% +3%

How common is gender discrimination on the job in the U.S.? 2017
Percent
Agree
2018
Percent
Agree
2019
Percent
Agree
June
2020
Agree
April
2021
Agree
April
2022
Agree
Percent
Change
Very common 21% 36% 26% 20% 29% 21% -8%
Common 44% 45% 50% 50% 45% 47% +2%
Uncommon 29% 16% 22% 25% 25% 24% -1%
Very uncommon 6% 3% 2% 5% 2% 8% +6%

POLICE

2017
Percent
Agree
2018
Percent
Agree
2019
Percent
Agree
June
2020
Agree
April
2021
Agree
April
2022
Agree
Percent
Change
Police officers think they are above the law 48% 51% 58% 58% 56% 49% -7%
It is common for a police officer to use excessive force 43% 42% 55% 54% 54% 46% -8%
I worry about my loved ones being injured by a police officer 28% 32% 43% 52% 42% 33% -9%