BENTON – Biases of American jurors skew toward defendants, Emory Reusch of Brown and Crouppen injury firm in St. Louis claimed as trial approached over a highway crash.
He offered an immediate remedy to U. S. Magistrate Judge Reona Daly by moving to let lawyers lead “voir dire” examination on March 7 instead of leading it herself.
Reusch claimed it was the most effective way to discover inherent and implicit bias.
“A significant portion of the general population holds an inherent bias against fundamental principles of civil law,” he wrote.
He claimed a national study of more than 2,000 mock jurors found 32% viewed preponderance of evidence as a little too low for a standard of proof and 14% viewed it as way too low.
He claimed 15% stated they opposed awarding non-economic damages.
Daly denied the motion.
Reusch and Alan Pirtle of Brown and Crouppen represent Teresa Neville of Madison County in a suit against Joseph Gershman of Missouri.
Neville claims Gershman caused a collision on Interstate 64 in St. Clair County in 2019, resulting in injuries to her neck and back.
She sued in St. Clair County circuit court, but Gershman removed it to district court on the basis of diverse jurisdiction.
Last September, Daly set trial starting March 7.
On Feb. 16, Reusch moved for lawyers to lead voir dire.
He claimed researchers who studied mock jurors in three civil cases based on actual cases, found the mock jurors were largely blind to the role bias played in their decisions.
Reusch claimed biases often go unidentified under existing rules.
He claimed they impact decisions, sometimes in ways that aren’t appropriate.
“Without an adequate voir dire, the trial judge’s responsibility to remove prospective jurors who will not be able impartially to follow the court’s instructions and evaluate the evidence cannot be fulfilled,” he wrote.
“A district court is required to strike for cause any juror who is shown to lack impartiality or the appearance of impartiality,” he added.
“How best to probe for these hidden biases that may influence a juror’s decision?” Reusch asked.
“Research demonstrates that questioning by an attorney, rather than a judge, offers the best way forward,” he answered.
Reusch claimed the requirement of a unanimous jury highlighted the critical failure that would occur if even one biased juror is allowed to sit.
Daly found nothing in the motion that convinced her to alter her normal practice.
She stated she’d conduct voir dire and give lawyers 20 minutes each.
Brian McChesney of St. Louis represents Gershman.