Check out the new website for NCSC's Center for Jury Studies. We’ve added new content, including data visualizations about jury service in state courts. We think we have the details right for each state, but please check the graphics and let us know if we’ve made any mistakes about your own state. Also test your knowledge about jury service in the United States with our five-question quiz on the American jury!
Is It Reversible Error for a Court to Allow a Deliberating Jury to Review Evidence in the Courtroom Instead of Jury Room? Yes, in Illinois
In People v. Hollahan (2019 IL App 3rd 150556), an Illinois appellate panel found it was plain error for the trial judge to allow a requesting jury to review an evidentiary video in the courtroom in the presence of the judge and the parties. Even though the judge instructed the jury and the parties to remain silent throughout the replay, the appeals court concluded that the nonstop replay of the video in presence of nonparties was an impermissible intrusion into the jury’s deliberations.
Abolition of Oregon’s Non-unanimous Jury Verdict Rule Advances
Massachusetts Approves New Pattern Jury Instruction on Implicit Bias
After the shooting of Michael Brown Jr. by a police officer in Ferguson Missouri, Chief Judge Paul C. Dawley established a Race and Ethnic Fairness Committee to minimize the impact of implicit biases in decision making. The Committee’s work has now yielded a pattern jury instruction for use at the beginning of jury selections in Massachusetts.
SCOTUS Strikes Homicide Conviction of Curtis Flowers (Tried Six Times) Due to Prosecutor Misuse of Peremptory Strikes
Defendant’s Absence During Portion of Jury Selection Requires a New Trial
A New York jury convicted Norman Geddis of several crimes. During a break in jury selection, a prospective juror stayed behind in the courtroom and told the trial judge that she did not respond fully to a question he asked during voir dire: "Have any of you, or anyone close to you, been a victim of a crime, a witness to a crime, been accused of a crime, or participated in any way in a criminal proceeding?" At this time, Geddis was taking a bathroom break. However, his attorney informed the court that Geddis was “okay with” proceeding in his absence. The juror then informed the judge and lawyers that she withheld saying earlier that her son was convicted of a felony. Even though defense counsel subsequently used a peremptory to strike the juror, the appellate court found Geddis did not waive his right to be present at the bench conference and, accordingly, vacated Geddis’s conviction.
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.
NOTE: The Jur-E Bulletin will not be published on next Friday, the day after the July 4th holiday. The next publication will occur on Friday, July 12.
