It would be difficult, if not impossible, to have a large and functional society without an adequate system of law. Without a structure to administer both civil and criminal justice equally, chaos and anarchy are likely to fill the vacuum.
According to a recent survey conducted by a law firm, some Americans already feel we are there.
Picking up where it left off in 2022, the firm of Orrick, Herrington & Sutcliffe LLP (Orrick) surveyed close to 1,300 jury-eligible adults to see if they felt the justice system was accomplishing its purpose. The results they shared showed a growing dissatisfaction that perhaps mirrors the widening gaps between differing ideologies in our society.
Who Said What and Why
The online survey conducted by Orrick in February 2025 included 1,282 respondents from 14 different states. With a sample intended to mimic the diversity found in a jury pool, Orrick's survey contained 150 questions, a large number of which were repeats from their 2022 version. The newest answers were combined with data from previous surveys to identify trends and provide insight into what attitudes attorneys might expect to encounter in the jury box.
Just under 1,300 panelists is a relatively small sample of the 32 million or so Americans who receive a summons for jury duty each year. Still, having an idea of how a jury may be predisposed to lean in a case is an advantage few attorneys, if any, would shun. With that in mind, let's see what can be learned from Orrick's survey.
Corporation Frustration
The survey made one thing pretty clear — potential jurors think corporations are getting away with way too much. While more than half of those surveyed don't believe they have a bias against big corporations, a whopping 86% feel that the businesses are using their money, power, and influence to get lawmakers and regulatory agencies to bend to their will.
The frustration with corporate shenanigans was also illustrated by 64% of respondents indicating that compensation given to people who successfully bring a case against a big company is usually not as much as it should be. There were double-digit percentage increases from 2022 to 2025 for those agreeing that juries both bear the responsibility to hold corporations responsible and should place the needs of the community over the letter of the law.
The displeasure with corporations may show in the near future, with 80% of those polled favoring the use of punitive damages. Another 48% would abolish caps on damages for pain and suffering, which are standard in some states.
Where You Stand Affects Where I Shop
Respondents indicated that businesses that want their money should be aware that the power of the purse is conditional. 64% indicated they'd be willing to boycott a company that held political or social positions they didn't agree with or found abhorrent. Twitter/X and Tesla serve as a current example of what a boycott can accomplish.
Reacting to CEO/owner Elon Musk's foray into politics and controversial culture war issues, advertising revenue for Twitter/X dropped by 50%, severely lowering the brand's value. This trend carried over to Tesla as well, with massive sales drops reported in 2024.
24% of Us Are Our Own Worst Enemy
A somewhat troubling response indicates that almost one-quarter of those polled wouldn't avoid using a product even if it was alleged to cause cancer. It's more than double the 11.6% of people who were determined to be cigarette smokers by the CDC in 2022.
It's Not My Fault, So Give Me Money
The survey also exposed a shared cynical outlook about consumers' moral compasses. 84% agreed that people often blame others for their problems. Almost as many — 72% — also believe that people often make fraudulent claims in hopes of gaining undeserved rewards.
Détente Remains Elusive
Although it offered no elaboration of polling percentages, Orrick noted that the survey found respondents staking out the opposite poles on many issues. Unfortunately, this seems an accurate reflection of our increasingly polarized society. For attorneys, it may mean that finding a jury that will put the law above their personal views will continue to be difficult.
Related Resources
- Making the Most of Law Firm Client Surveys (FindLaw's Practice Guide)
- What Is the Role of the Jury in a Criminal Case? (FindLaw's Criminal Law Basics)
- Jury Selection and Bias Under the Sixth Amendment (FindLaw's Sixth Amendment)
