Reformed Smokers Can Be the Least Forgiving

A new study by economists at the Federal Reserve Bank of Atlanta made headlines last week for reporting that former smokers earn more money than current smokers and those who have never smoked.  Researchers speculated that the personality traits needed to kick an addictive habit – such as persistence and patience – are also highly valued by employers and lead to success in the workplace.

You might be wondering what this research has to do with juries.  Plenty, it turns out.  When it comes to lawsuits where the plaintiff was a smoker, obese or had health problems related to lifestyle choices, jurors who have quit smoking are more defense oriented than either jurors who still smoke or jurors who have never smoked.

Focus group jurors’ smoking history is one of numerous characteristics we track to look for trends that might help clients during jury selection.  And while a potential juror’s history of smoking may not be foremost on your mind when you’re picking a jury, the numbers indicate you’d be wise to consider smoking status as part of the whole picture.

An analysis of our past cases involving a plaintiff who smoked showed that fully 85 percent of former smokers sided with the defense, compared to 50 percent of current smokers and 80 percent of jurors who have never smoked. 

Plaintiff or Defense: Do you or have you ever smoked cigarettes?

So what’s going on here?  Based on our experience, we’ve found that people who kicked the smoking habit are particularly judgmental of those who haven’t, and those who otherwise harm their health through an indulgent lifestyle.  These jurors reason that if they can do it – “it” being quit smoking, eat less or take other steps to improve their health – than the unhealthy plaintiff should have been able to, too. 

Based on our experience, the forgiven – or reformed, in this case – tend to be the least forgiving.  These jurors took responsibility for their own health, and they expect others to as well.

We’re of the belief that when it comes to jury selection, the more information you have, the better.  That’s why we’d recommend including smoking status (current, former, never smoked) on juror questionnaires or in voir dire questioning – it’s just one more clue that can help you judge whether a potential juror would be good for you. 

We’re happy to lend you our expertise in how to craft the best juror questionnaire or voir dire questioning.  Just contact Senior Vice President Claire Luna at (714) 754-1010 or cluna@juryimpact.net.