SHOULD TRIAL ATTORNEYS CONSIDER JURORS' ACTIVITY LEVELS?
A recent study showed that female Spanish high schoolers who bike to class score better on tests then those who commuted in car or bus. Some researchers believe that this might be due to the fact that active commuters are getting more exercise. They could be more alert by the time they start school, which could affect how well they do on tests. It may provide them time to reflect and mentally prepare for the day, giving them an edge.
So what does this have to do with trial lawyers? During voir dire, perhaps asking how potential jurors commute and what their activities are could assist trial attorneys in seeking out active jurors as opposed to the traditional “couch potatoes.” Active jurors tend to stay awake during trials. Active jurors may be mentally prepared for a day of testimony. Others are not. This is something to consider when selecting jurors. It is also something to consider when deselecting jurors.
