American jurors seem to increasingly care less about balance and fairness in the nation’s legal system. Instead, many have become so fueled by party affiliation and ideology that they’re at risk of not being able to see the facts of a case anymore.
The Wall Street Journal reported recently on toxic political divides among juries in the courtroom. The Journal points to an “erosion of trust in the justice system, more rigid viewpoints, and starker political divides.”
The law and research firm Orrick surveyed jury-eligible adults and reached eye-popping conclusions that could undermine the perceived trust and reliability of juries:
“Americans are increasingly likely to apply their own view of what’s right and wrong rather than follow the law. … While more and more individuals are lamenting the fractured and polarized state of our nation, people’s views are becoming increasingly entrenched on the far ends of the spectrum on issue after issue.”
Nearly half of the study’s participants confessed that they were biased against large corporations. Even more participants said they simply didn’t trust the justice system. An even greater number were willing to ignore the judge and take the law into their own hands.
One Orrick researcher told the Journal: “In a world where juror nullification is increasingly more the rule rather than the exception, feeling good about the facts might not be enough.”
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Joe in court
Joe Norwood and Norwood.Law have their own experience with juries:
- Joe persuaded a jury to vote not-guilty for a client accused of shooting with intent to kill.
- Joe won a jury verdict of not guilty after a client was accused of first-degree murder.
- Joe persuaded the Oklahoma Court of Civil Appeals to rule for the first time that Oklahomans can’t have their right to a jury trial taken away in certain cases.
Don’t leave now. Knowledge is power. Keep reading below and then call for a consultation with Joe Norwood and Norwood.Law at 918-582-6464.
Evident
The proof of partisan bias among jurors is partly in the vast body of research into other biases among juries. Researchers have found effects produced by racial bias, which can dramatically affect sentencing and verdicts.
Political scientists at the University of Massachusetts Amherst in 2025 pointed to past research that showed how gender bias was “evident” in juror decisions. Their work showed that partisan bias was obviously affecting jurors, too:
“Our research clearly demonstrates that partisan bias significantly influences juror behavior. This dynamic challenges the integrity of the legal system in an era of escalating political polarization. The results, therefore, call for expanded attention to the ways in which partisan polarization manifests in trials. Addressing this issue is crucial for maintaining the fairness and impartiality that are fundamental to the administration of justice.”
A religion
Other studies describe similarly troubling results. Southwestern Law School in Los Angeles wondered in a paper whether America was now more divided than during the Civil War. The school said our polarization is “extreme and accelerating.”
Political identity is now almost a religion. “Political polarization results in precisely the type of effects that undermine the fair administration of justice.”
But there’s a noteworthy fact about us you wouldn’t expect: It’s not so much political differences as seeing each other as conservatives and liberals. It doesn’t matter if we’re naive about policy.
We’re driven not just by what we think but also by who we think we are and who we think the other side is. And who we think we are matters more than we realize.
We’re “othering” each other. A 2022 study by the Pew Research Center showed that the majority of partisan Americans increasingly viewed people from the opposing party to be more lazy, immoral, unintelligent, dishonest, and closed-minded compared to other Americans. Startling numbers of Americans are okay with the other side just dying off.
Republicans think Republicans are prettier, and Democrats think Democrats are prettier. We’re choosing where to live based on partisan considerations. And we fail to see our own biases as biases. Our political affiliation can outweigh even our racial and cultural heritage.
Proxy
Political affiliation is not the only thing to consider with a potential juror. Also consider:
- Socioeconomic status
- Individual experiences
- Bias or opinions on particular issues
- Corporate responsibility
- Personal responsibility
You don’t necessarily need to ask potential jurors about political beliefs. You can ask proxy questions that stay closer to the issues in the case.
From the legal consulting firm Courtroom Sciences: “For instance, finding out what the jury members think is the biggest issue the nation is currently facing might reveal a lot about their perspectives on life in general and how they might consider key elements of your case.”
Act now
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Striking
Our political identities can shape our perceptions of a person’s guilt.
Researchers at the University of Massachusetts found a “striking” pattern of bias based on partisan viewpoints. Americans are so deeply polarized that we go so far as to view each other as subhuman.
Partisan bias can affect whether we view people as trustworthy or incompetent. Relationships and societal norms can be greatly affected by it, too.
We treat partisan bias differently than other forms of bias. Said the researchers in Massachusetts:
“Social norms tolerate and even encourage exclusion and criticism of political outgroups, as demonstrated in the prevalence of partisan rhetoric in media and everyday conversations. In all, partisan bias operates in a unique space; it is both widespread and socially sanctioned.”
Partisan bias in human beings goes beyond the political sphere. It can influence whether or not we find someone attractive.
“The magnitude of partisan bias in shaping perceptions of guilt or innocence, and its persistence in the face of instructions intended to encourage impartiality, raise troubling questions about our system of justice in an era of extreme partisan polarization.”
Newsworthy
Joe Norwood’s successes in both civil and criminal law have been publicized by news organizations nationwide.
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Unconfident
What’s at stake here? One thing is confidence in the system.
As the philosopher Plato said: “He who has no share in the administration of justice is apt to imagine that he has no share in the state at all.”
Another consulting firm called First Court adds to the conversation: We don’t trust major outlets for news media, and this can make us less meaningfully informed on the issues.
The Harvard Kennedy School has a partial solution: Diversify the jury pool. The American Psychological Association agrees that racially diverse juries have more accurate discussions.
According to the Harvard Kennedy School: “White study participants who were part of the diverse juries were more willing to discuss racism and accurately cited more case facts than those in all-white groups, possibly because they were motivated to avoid racial bias.”
The researchers suggest that “racially diverse groups may be more thorough and competent than homogeneous ones.”
Unwise
While political affiliation is often believed to be a major contributor to juror decisions, Courtroom Sciences says it’s more complicated than that.
Conventional wisdom in the legal world, for example, often assumes that Democrats care about social justice and helping people and Republicans care about personal responsibility and corporate rights.
Research says these stereotypes don’t hold up all the time.
Courtroom Sciences analyzed jurors to learn more. Fewer Democrats in their research voted for the defendant than expected. And more Republicans sided with the plaintiffs contrary to assumptions.
What’s going on?
From Courtroom Sciences: “The most significant influence on jury decision-making stems from a combination of individual juror traits, including experiences, biases, attitudes, and views on key issues. Political affiliation could play a role, but it is not a definitive predictor of a juror’s perspective and should be considered alongside other factors.”
Careful
Perhaps the most desirable juror is one who identifies as independent. America has more of them today. Independents hold negative opinions of both major parties. But they’ve also been found to be allies of the defense table. According to Courtroom Sciences, independent jurors:
- Are less likely to be swayed by emotional arguments
- Form judgments less quickly
- Are open to considering both sides of an argument before making a decision
- Are more deliberative
- Are focused on logical assessment
Victory
Joe Norwood’s record says it all.
He’s won against foreign manufacturers. He’s won against the government over wrongful convictions. He’s won against banking interests and insurance companies.
Hurry and call now.
Joseph M. Norwood is a Tulsa attorney with the courtroom expertise you need. Contact his office at 918-582-6464.
By G.W. Schulz