Mar 24

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Judging the Jury: A Global Perspective

As many readers know, legal systems of many countries use ordinary citizens to decide important legal questions. Some use juries that deliberate independently to arrive at their verdicts, while others employ mixed courts where professional judges and lay citizens work together to determine the legal outcomes. In recent years new jury systems have sprung up in Asia and Latin America as part of democratizing movements in these regions. The use of citizen decision makers offers an important symbol of democracy and a compelling image of justice in countless movies and novels. But how well does it work in practice? Are ordinary people capable factfinders in the increasingly complex criminal and civil trials that confront them? These are several questions to be addressed in Cornell Law School’s three-week Summer Institute taught by Professor Valerie Hans.

UK Jurors Sentenced to Prison for Doing Online Research Causing Mistrial

A story in this week’s West Bridgford Wire portrays a stringent British policy against juror misconduct. Despite instructions from the judge during the trial, four jurors serving on a case involving conspiracy to murder and conspiracy to possess firearms at Nottingham Crown Court used their mobile phones to look up details of the case outside of the courtroom, causing a collapse of the trial—at a cost estimated to be more than £1.4 million. Consistent with current law, the jurors were sentenced to periods of incarceration ranging from six to four months, suspended, and put on probation, with requirements of community service ranging from 80 to 120 hours.

Trial Advocacy Teachers Promote Witness Direct Examination as Jury Education Tool

The National Institute for Trial Advocacy (NITA) is sponsoring a free program on March 30: “Direct Examination: Being the Guide for your Jury.” The registration site states, “It has long been thought that direct examination is the easiest, yet most boring, part of trial. This free, one-hour webcast explores the complexity of direct examination and demonstrates just how impactful direct can be.” The NITA program will demonstrate how to use direct examination to guide a factfinder through the witness’s story “in a meaningful way.” Toward that goal, presenters aim to provide valuable tips on using structure, verbiage, visual aids, and more.

BBC Video Captures Oregon Murder Suspect Fleeing Courtroom During Jury Selection

Here is 38-second camera footage of a scene reminiscent of a chase in an old silent movie.

Texas Legislator Proposes Hike in Juror Stipends

State Representative Jeff Leach introduced House Bill No. 2014, which would raise reimbursements to jurors for travel to not less than $20 (from $6) for the first day in attendance, not less than $58 (from $40) after the first day, and $52 (from $34) for each day of jury service in a case.