Model Jury Instruction on Implicit Bias

In the last issue of Jur-E Bulletin (June 28), we reported that Massachusetts courts have approved a pattern jury instruction alerting potential jurors of the phenomenon of implicit bias. We here provide the text of that instruction.

Are Native Americans in South Dakota Illegally Underrepresented in Jury Pools? – Law Professor and Federal Chief Judge Disagree on the Answer

The Rapid City Journal reports that an article in the University of Texas Law School’s Journal on Civil Liberties and Civil Rights challenges the summoning practices of the U.S. District Court for South Dakota. Author Camille Fenton asserts that the court’s practice of only using voter registration rolls for jury summoning leads to a severe underrepresentation of Native Americans. In addition, she argues that Native Americans are typically undercounted in census procedures, thereby skewing the representation calculations when a court applies constitutional standards to jury pools. U.S. Chief Judge Jeffrey Viken feels bound by census data but, nevertheless, acknowledges the underrepresentation of Native Americans and is committed to using additional source lists for summoning potential jurors.

Supremes Jostle on Whether a Jury Should Determine Increased Incarceration of Supervised Released Violators

In United States v. Hammond, the U.S. Supreme Court, in a plurality opinion, struck down a statute authorizing a judge to impose an increased sentence on a defendant found to have violated the supervised release conditions of his prior sentence. A 5-to-4 majority found the statute violated the defendant’s 6th Amendment rights, leading to a scorching critique from Justice Alito. Slate online magazine does a play-by-play account of the heavy verbal volleying between the justices.

Defense Seeks Recusal of Trial Judge Based on Bailiff’s Testimony About Jury Communication to the Judge – Motion Denied – Forgetful Judge Favored Over Bailiff

ABC News in Asheville, North Carolina reports that the sentencing phase in the capital murder trial of Nathaniel Dixon was delayed after the defense asked Judge Greg Horne to recuse himself based upon the discovery that the court bailiff told Judge Horne a juror reportedly knew about the killing of a key government witness days after she testified in the case. The judge denied remembering the bailiff’s communication. However, Horne arranged for a colleague judge to stand in and decide the recusal motion. After a hearing, the stand-in jurist denied the motion, saying of Judge Horne, “he’s the best person for the job.”

Bill to Abolish Non-unanimous Jury Verdicts Dies in Oregon Senate

Two weeks ago, we reported that the Oregon House of Representatives unanimously approved a ballot initiative to amend the state constitution to abolish the non-unanimous jury verdict rule. However, when the House measure arrived in the Senate last week, it was referred to the rules committee where it died quietly on June 29 upon adjournment of the 2019 legislative session.

Judge Rejects El Chapo Claims of Juror Misconduct

Weeks ago, Vice News reported that an anonymous former juror in the trial of drug kingpin Joaquin Guzman Loera said she or he and at least five fellow jurors regularly followed social media coverage of the trial. This led to a defense motion to U.S. Judge Brian Cogan for a mistrial. In denying the motion, Judge Cogan found the request to be “the textbook definition of a fishing expedition, rather than 'clear, strong, substantial and incontrovertible evidence that a specific, non-speculative impropriety has occurred.'"

We Want to Know About Jury Innovators

NCSC is accepting nominations for the G. Thomas Munsterman Award for Jury Innovation, which recognizes states, local courts, or individuals that have made significant improvements or innovations in jury procedures, operations, or practices. If you know a group or individual that meets this criteria, send a nomination to Greg Mize. Be sure to complete and include this form with your nomination.