How Can I Fight Jury Bias in My Illinois Criminal Case?

 Posted on February 07, 2025 in Criminal Defense

Defendants have the right to have their cases heard by a jury of their peers, but what happens if that is not possible? When people report for jury duty, both the defense and prosecution can question them to understand whether they might have something in their background that would make them judge the defendant based on anything other than the facts of the case. However, sometimes there are unknown biases that do not come to light from pretrial questioning and can impact the outcome of the case. To understand more about how you can fight jury bias in your criminal case, speak with an experienced Illinois criminal defense lawyer.

What is Jury Bias?

Jury bias can take many forms. Sometimes, jurors have subconscious prejudices against defendants who are accused of certain crimes. Other times, they might be influenced by social media, news reports, what their friends tell them, or their personal experiences with law enforcement and the justice system. In high-profile cases, exposure to pretrial publicity can also lead jurors to have strong opinions about the case before a trial even begins.

Bias can be difficult to identify because sometimes it is explicit and intentional, and other times it is implicit and unconsciously affecting decision-making. This second type can be especially harmful because jurors might not even know about their own prejudices, but identifying and addressing them is crucial for a fair trial.

How Can Jury Bias Be Addressed?

We cannot read other people’s minds, so we can never truly know for a fact when someone holds a particular bias. However, there are various steps you can implement to ensure that you are dealing with as little bias against you as possible.

Jury Selection (Voir Dire)

The first way you can try to mitigate any jury bias is through jury selection. Attorneys on both sides of a case are allowed to question potential jurors about their background, upbringing, beliefs, culture, and anything else that might indicate a bias. They can also use peremptory challenges to remove jurors they are concerned about, without needing to offer a reason for this removal, and cause challenges when they can demonstrate that the juror has shown a clear bias against their side of the case.

Jury Instructions About Counteracting Their Biases

In Illinois, judges can include jury instructions that remind jurors outright not to be guided by their personal biases. The defense lawyer can also ask that the judge specifically mention the defendant’s right to be presumed innocent unless proven otherwise beyond a reasonable doubt.

Expert Testimony to Explain Implicit Bias to the Jury

An attorney can call on an expert witness to explain implicit bias. There is a lot of scientific evidence about unconscious prejudices and how they impact decision-making. Lawyers can question witnesses about this research to help jurors be more aware of their own biases as they evaluate the case.

Schedule a Free Consultation with a Cook County, IL Criminal Defense Lawyer

When you stand trial, it can be extremely stressful placing your fate in the jury’s hands. Part of the reason why is that jurors can judge you based on their own personal biases rather than the facts of the case. Fortunately, the experienced Chicago, IL defense attorney at Law Offices of James F. DiQuattro has dealt with these issues before and knows how to counter jury bias to help you get a fair trial and seek the best outcome. Call 312-627-9482 to schedule a free consultation.