July 19, 2019

American History Lesson: Children Picked Prospective Jurors!

The latest issue of the Smithsonian Magazine describes a time when six-year-olds were tasked with randomly picking the names of citizens to be summoned for jury duty.

How Much Should Juries Rely on Experts?

The Washington Post is running a multi-part series on the challenges facing the justice system as science experts are increasingly used as witnesses in trials, especially criminal cases.  The series is inspired in large part by a major study by the National Science Foundation that seeks to address the problem of courts doing a poor job of managing forensic evidence.  Author Radley Balko writes, “There was also plenty of blame to go around — ill-informed judges, overworked and badly-informed defense lawyers, overly eager prosecutors, and under-educated jurors.”  Balko uses a Q & A format to interview 14 recognized experts in the areas of law, science, and forensics. The latest installment in the series contains a rich dialogue wherein the experts respond to the questions relating to the competence of jurors to understand and effectively use complicated forensic evidence. The author also asks his panelists to suggest the best ways courtroom actors can improve the presentation of such evidence.

Maine Supreme Court Explains When a Juror’s Out-of-Court Communication About the Case is Not Presumptively Prejudicial

During the trial in State v. Scott, a juror initiated three conversations about the case to non-jurors.  These were times when she expressed hope she would make the right decision, said she was praying to make the right decision, and acknowledged the difficulty that the circumstances may have with various family members.  After interpreting the “presumptively prejudicial” doctrine in Remmer v. United States, 74 S.Ct. 450 (1954), the Maine Supreme Court concluded the juror’s misconduct did justify a new trial.

Judge Finds That the Identities of Jurors in High Profile Case Have an Increased Need for Non-Disclosure

A jury in New York recently convicted Keith Raniere, a purported self-help guru known as "Vanguard," of all charges involving racketeering, sex trafficking and forced labor.  After the verdicts were received, news outlets sought release of the jurors’ identities.  Senior U.S. District Court Judge Nicholas Garaufis denied those requests.  In doing so, the judge noted, "Being a juror publicly identified with this case is a far greater burden than being publicly identified with a typical criminal trial…. Unsurprisingly, several jurors privately asked the court not to release their names even after the trial concluded."  In response to media arguments about the presumption of openness in trials, Garaufis found the privacy interests of jurors were "heightened here, where the trial involved highly sensitive evidence (including child pornography, nude photographs, and graphic sexual testimony) and generated worldwide media coverage, some of which was salacious, contained errors or mischaracterizations, or appeared intended to embarrass or harass."  He was also concerned about juror security.  "As the government notes ... evidence at trial suggested that Raniere's associates would go to great lengths to antagonize his perceived enemies, including through the use of private investigators to obtain sensitive personal information."

Lesson Learned: Don’t Wear a MAGA Hat to Jury Selection

A New York jury convicted Willie Ames of a hate crime assault against a Mexican victim.   During jury selection, Ames’s attorney wore a MAGA hat to make the point that jurors must ignore what the evidence will show was the defendant’s head gear at the time of the crime.  Not a good idea.  At sentencing Judge Diane Keisel slapped Ames with an eight-year imprisonment.  In doing so, the judge noted how disgusted the jurors appeared during counsel’s hat demonstration during voir dire.

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 who have made significant improvements or innovations in jury procedures, operations, or practices. If you know a group or individual who deserves to be nominated, contact Greg Mize. Be sure to complete and include this form with your nomination.

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