The Millennial Effect: How a New Generation is Contributing to Nuclear Verdicts

The landscape of jury panels in the United States is evolving, influenced significantly by the increasing number of millennials summoned to serve. Born between 1981 and 1996, millennials are now a substantial portion of the adult population, and their impact on the legal system is becoming increasingly evident.

One of the most notable trends is the rise in nuclear verdicts. Understanding the millennial effect on jury panels and its relationship to these nuclear verdicts is crucial for legal professionals, including trial consultants, attorneys, and litigants.

Millennials' Defining Characteristics

To comprehend how millennials are reshaping jury panels, it’s essential to recognize the defining traits of this generation and what makes them tick:

Economic Disparity: Millennials came of age during a time of economic prosperity, yet they are the first generation expected to be less financially successful than their parents. This economic disparity has led many millennials to question the traditional work/life balance.
Ambition and Focus: Millennials are known for their ambition, though they may lack focus, and despite being highly educated—over 60% hold college degrees—they are often underemployed. Their intelligence is undisputed, and they are exceptional multitaskers, able to process information more quickly than previous generations.
Religious and Marital Trends: Millennials are the least overtly religious generation and are less likely to be married or have children at comparable ages to previous generations. Instead, they are more likely to live with family members and tend to marry later in life, contributing to the decline in divorce rates.
Tolerance and Support: This generation is notably tolerant and supportive of nontraditional behaviors regarding marriage and children, having grown up during the rise of LGBTQ awareness. Most millennials have close friends or family members who are gay, fostering a high level of tolerance—they see no race, color, or gender.
Workplace Attitude: In the workplace, millennials have a "Me First" attitude, expecting flexibility without necessarily wanting to earn it. Concepts like flex time, job sharing, and sabbaticals are common among them. They view work as a means to an end, expect to be well-paid, and often overvalue their worth. Studies indicate that 40% of millennials believe they should be promoted every two years, regardless of performance.
Collaboration and Supervision: Millennials are often misunderstood and seen as needing supervision and structure due to a perceived lack of self-discipline and poor response to authority. They are collaborative, preferring groupthink over individualism, and are considered team players. Their predisposition to groupthink dynamics plays a significant role in the jury deliberation process.
Political Savvy and Patriotism: Politically savvy and involved, millennials are very patriotic, with their worldview significantly shaped by events like 9/11. They played a crucial role in electing Barack Obama to the White House.
Instant Gratification and Technology: Millennials seek instant gratification and are constantly attached to gadgets, viewing their cell phones almost as an extension of themselves. A study found that 83% of millennials sleep with their cell phones at their bedside, and 75% have profiles on at least one social networking site. They have never lived without a computer, are the most globally networked and connected generation, thanks in part to their technological sophistication and acceptance of wider worldviews.
Broad Concept of Family: Growing up in merged or blended families has given millennials a broader concept of family, contributing to their open-mindedness.
Tattoos and Piercings: No conversation about millennials would be complete without addressing their affinity for tattoos and piercings. Almost 4 in 10 (38%) of millennials have tattoos, with half of those having between 2 and 5 tattoos, and 18% having 6 or more. Despite any visible body art, it is important not to discount their intelligence.
Social Justice and Equity: Possibly most important to their service on jury duty is their strong sense of social justice and equity. They are more likely to support causes related to environmental sustainability, racial equality, and corporate responsibility. This social awareness can influence their perspectives on cases involving corporate defendants or issues of public interest.
Skepticism Toward Institutions: Having witnessed significant economic and political upheavals, millennials often exhibit a healthy skepticism toward large institutions, including corporations and government entities. This mistrust can make them more critical of defendants perceived as powerful or unscrupulous.
Value of Personal Narratives: Millennials place high value on personal narratives and lived experiences, which can make emotional testimonies particularly persuasive. They are also more likely to empathize with plaintiffs who can effectively communicate their suffering and hardships.

The Rise of Nuclear Verdicts

Nuclear verdicts are jury awards that far exceed what is traditionally expected, often reaching into the tens or hundreds of millions of dollars. Several factors, associated with millennials, contribute to this trend:

Empathy and Outrage: Millennials’ strong sense of empathy and social justice can lead to higher compensatory and punitive damages, especially in cases involving egregious behavior by defendants. They may be more inclined to "send a message" through their verdicts. One crucial factor for attorneys to consider when developing their trial strategy is to highlight the distinction between compensatory and punitive damages. This is particularly important in states with tort reform laws that limit punitive damages to a multiple of the actual damages.
Information Overload and Analysis: With their ability to process large amounts of information, millennial jurors might delve deeper into the details of a case, uncovering aspects that amplify their perception of the harm done. This can lead to more substantial awards.
Influence of Social Media: Exposure to high-profile cases and publicized verdicts through social media can set a benchmark for what millennials consider appropriate compensation. They may be influenced by the narratives and outcomes they see shared online.
Expectations of Fairness: Millennials' demand for transparency and fairness can drive them to ensure that their verdicts reflect these values. In cases where they perceive an imbalance of power or injustice, they might deliver a verdict that seeks to correct these perceived wrongs.

Presentation Strategies – The 6 C’s

Engaging with millennial jurors requires a tailored approach that resonates with their unique characteristics and preferences. Adopting the presentation strategy framework below ensures that evidence is presented in a compelling, logical, and trustworthy manner, fostering engagement and understanding among millennial jurors.

CHANGE IT UP. Mix your media. From PowerPoint to Trial Presentation Software, to 3D animations, to Video Clips/Audio recordings, and other demonstratives and graphics. Keep your millennial jury engaged.

CONCISE. Be concise. Millennials have short attention spans and suffer from information overload. They have no use for extraneous information. Outline your key evidence, the exhibits you need, and the witnesses you will use in a succinct way so as to not waste time.

CONTEXT. Unlike older generations, Millennials don’t accept information without questioning it. They need to understand the rationale behind it and need evidence that what you say is true. Put your evidence in context. Make sure your presentation has a logical structure and that your case theories are clear. Arm your case with facts.

COHESIVE. Educate jurors on the facts of your case. Talk to them, not at them. Get their buy-in that what you are saying is true. Walk them through the issues step by step in a logical, cohesive format. Earn their trust. Tell them something, follow it up with evidence.

CONNECT. Millennials like feeling part of a cohesive group. It is imperative that trial attorneys connect with jurors and appear relatable. Eye contact is key. Avoid “ticks” that might be annoying. Avoid talking over their head. Confidence is important but it cannot extend to arrogance.

CONSEQUENCES. Don’t forget to educate your millennial jurors about the law and the consequences (or benefits) of the law so that they can fully understand your rationale and case themes.

Conclusion

Millennials are undoubtedly transforming jury panels and contributing to the rise of nuclear verdicts. Their unique characteristics—digital savviness, social consciousness, skepticism, and emphasis on personal experience—shape their approach to deliberations and decision-making. Legal professionals must adapt to these changes, understanding and addressing the millennial mindset to effectively navigate this evolving jury landscape. As millennials continue to take their place in jury boxes across the country, their influence will likely persist, making it essential to stay ahead of the curve in trial strategy and jury management.

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