1/17/2006
www.EPS-Consulting.com
8
Deliberation Effects
•Defense Bias (Good!)
–Pro-defense
jurors tend to stick to their guns more than
pro-plaintiff ones.
–An
initially split jury rarely goes for the plaintiff.
–Try
to get pro-defense jurors to commit early
•Aggregation Bias (Bad!)
–Damage
awards almost always exceed the mean of individual
juror evaluations.
–Awards
often exceed the amount initially proposed by any
juror.