Judicial College Posts Results of Trial Judge Survey: Few Judges Disagree with Jury Verdicts
The National Judicial College conducts monthly surveys of judges to chart sentiments on topics of concern to state courts. The latest survey asked, “About how often do you disagree with the jury’s verdict?” The choices were:
• Less than 25 percent of the time
• 26 to 50 percent of the time
• 51 to 75 percent of the time
• More than 75 percent of the time
Alabama NGO Urges State to Abolish Authority for Judges to Impose Death Sentence After Non-Unanimous Jury Verdict
A few weeks ago, Alabama executed Christopher Price pursuant to a 10-2 jury verdict recommending his execution rather than life without parole. The trial judge followed the jury’s majority decision and imposed a death sentence. Noting Alabama is the only state that allows judges to sentence a person to death despite some jurors voting otherwise, the Mobile Press-Register published an op-ed that urges legislators to cure this "travesty of justice."
“Batson Justifications” Training Manual Claimed to Be Evidence of North Carolina DA’s Racial Bias
In post-conviction litigation, lawyers for a death row inmate discovered a training manual that their experts say is a script for prosecutors to defeat Batson challenges and protect discriminatory strikes. The appeal process is ongoing.
When an Allen Charge Becomes Coercive
The trial judge in a South Carolina murder trial told a deadlocked jury, "you should come to a decision in this matter" and “if you're unable to come to a verdict in this matter, then, essentially, we'd be left with having to do it all over again, extending additional resources, time and effort.” The state supreme court reflected on how powerful the words of a trial judge are for jurors. It carefully compared the judge’s words with Allen charge jurisprudence in both federal and state courts and found the judge’s charge to be reversible error. Rather than properly advising them that they should attempt to come to a decision, the judge spoke in terms of obligation and cost savings.
Occurrence of Jury Trials in Argentina Keeps Expanding
Chaco Province passed a jury trial mandate in 2015. This has special importance since Chaco's avant garde law requires an indigenous jury for those criminal cases in which both the victim and the defendant belong to the indigenous community. Earlier this month, the Judicial Branch and the Free Indigenous Section of the North East University (UNNE) held a conference on jury trials for indigenous peoples in the Capital, Resistencia. Shortly thereafter, the government announced that prospective jurors will be drawn from the lottery by August and the commencement of trial by jury is expected by October 2019.
G. Thomas Munsterman Award nominations being accepted
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 in a nomination to Greg Mize. Be sure to complete and include this form with your nomination.
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