Everyone has biases, they are simply part of the way we are. A bias is nothing more than a deeply held belief about a group of people or things. Biases can involve a person’s sexual orientation, race, gender, religion, ethnicity, or any other aspect of them. Some biases are conscious and we are well aware of them. However, everyone has unconscious biases too.

Both types of bias – conscious and unconscious – can have a huge impact on jury trials. Ideally, a trial is decided on nothing but the facts. Unfortunately, that is not often how it works. This is why two jurors can see the same exact evidence and come to different conclusions. If you are facing any type of criminal charge and you expect it to go to trail, then jury bias is an important factor to understand. Read on to learn more and then talk to a criminal defense attorney who can help you avoid it in your case.

Studies show jury bias impacts trials in several ways

There have been numerous studies done, all of which show that people’s biases can impact criminal trials. There are a number of ways this may be true. First, it can affect how a juror sees a defendant. The juror may be more or less sympathetic to a particular defendant based on their gender, race, age, or other factor.

Second, bias can affect how a juror sees evidence. Over the course of a criminal trial, they may see a wide range of physical evidence types including pictures, firearms, and videos. One juror may believe one witness while another may not trust them. Jurors may agree on whether the testimony is true but not agree on how important it is.

Third, bias can affect whether or not the juror believes there is sufficient evidence to convict. The standard in California courts is that the defendant must be proven guilty beyond a reasonable doubt. But what constitutes a “reasonable” doubt varies from person to person.

We work diligently to find bias during the voir dire process

The voir dire process, which is essentially the jury selection process, allows us to look for jury bias. We can ask potential jurors questions that can help us decide if they have prejudices that would impact whether or not they could be fair in reviewing the evidence. After years of experience, Attorney Fell knows what questions to ask that could bring up both unconscious and conscious biases.

If you are facing criminal charges of any kind, then you understandably want a fair trial. While we cannot read a juror’s mind, our unique background helps us to find bias and dismiss jurors based on it. If you would like to learn more about this process or get a free consultation with an attorney, contact Law Office of Michael L. Fell at (949) 585-9055 today.