Sharpening the Sword of Damocles: Verdict Data in New York State Courts
The suspension of jury trials during the COVID-19 pandemic highlighted the strategic role played by the unknowable jury. Like the Sword of Damocles, the jury acts as a trump card, pushing plaintiffs and defendants to reach for more certain (albeit less advantageous) settlement options. But things are changing.
February 25, 2022 at 12:00 PM
7 minute read
Justice looks different inside a global pandemic. It starts. It stops. And then it starts again. Within this rhythm, the U.S. District Court for the Southern District of New York has held more than 100 jury trials since the start of the pandemic, relying on an aggressive, multi-pronged safety protocol. This effort is partly technological, with non-contact digital thermometers authenticating the health of all court visitors. It's also architectural. Attorneys and their clients communicate through telephonic devices that allow them to whisper to each other from a distance. Attorneys and witnesses address the court from Plexiglas booths, a setup that enables them to remove their masks and show their faces.
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