Announcing NCSC's New Podcast: "Jury Talk"
The Center for Jury Studies at the National Center for State Courts is pleased to present a new podcast series: Jury Talk. The program aims to inform both legal professionals and the public about:
- Jury selection dynamics;
- Factors affecting juror performance during the trial;
- Jury management challenges, such as producing juries that are representative of the court’s community, increasing juror comprehension, facilitating deliberations, and juror privacy; and
- Current policy debates, such as the use of peremptory strikes, and conducting online trial components.
Jury Trial host, retired trial judge Gregory Mize, leads engaging conversations with guests ranging from trial judges, lawyers, jury researchers and consultants, court managers, and other jury trial caretakers. Listen here!
SCOTUS Declines to Review Whether Black Jurors Were Improperly Removed
The Associated Press reports that the Supreme Court declined to review the case of a black man on death row in Georgia who is challenging his conviction on the contention that prosecutors improperly removed black jurors. Warren King was convicted of murder in the death of a convenience store clerk in 1994. At his trial, prosecutors used peremptory strikes to eliminate 87.5% of eligible black jurors and only 8.8% of the eligible white jurors. While the nation’s high court did not provide a reason for a rejection of King’s appeal, Justice Brown Jackson wrote a dissent saying that she would send the case back to the 11th Circuit Court of Appeals for consideration under Batson without deferring to the state court findings. Batson v. Kentucky prohibits the removal of prospective jurors on the basis of race.
"Nuclear" Verdicts on the Rise
The Wall Street Journal reports that juries are imposing larger, “nuclear” verdicts on corporations with greater frequency. In 2023, the number of cases with a corporate defendant that had a jury award larger than $10 million increased by more than 27%. Jason Bloom, a Dallas-based jury consultant suggests that the jury box is becoming “more like class warfare . . . where the corporate defendant is seen as the 1% and the juries are using their jury service as an opportunity to affect change in society and to balance power.” In May, a jury in Philadelphia ordered Exxon Mobil to pay $725 million to a service station mechanic who developed cancer after being exposed to benzene in gasoline. One note of caution for readers: the study of jury damage awards reported in the WSJ story is based on a search of LexisNexis databases and public records rather than a comprehensive examination of all jury damage awards. NCSC examined the accuracy of this type of approach in 2009 by comparing jury verdict reporters to a more exhaustive study of case outcomes in civil jury trials in 45 large urban courts. NCSC found that jury verdict reporters collected data on less than 11% of civil jury verdicts in those courts, leading to greatly inflated reports of damage awards.
Nevada District Court Streamlining Jury Selection Process
KTNV Las Vegas reports that the Nevada Eighth Judicial District Court is launching a new jury services system. Under the change, potential jurors will receive a postcard summons that has three QR codes linking jurors to web pages with instructions on how to respond, what to do before reporting, and what to do on reporting day. When responding to the notice, jurors will be asked to complete a juror questionnaire online. There, they may also request a deferral, excusal, or disqualification. The night before reporting, potential jurors may check the Juror Access website to confirm whether their service is required. For those individuals who either cannot respond online or do not have access to a computer, they may call Jury Services at a local phone number.
VA Woman Who Requires Wheelchair Arrested for Missing Jury Duty
The Richmond Times-Dispatch ($$)reports that a woman from Nottoway County, Virginia, claims she was arrested and placed in handcuffs after missing jury duty because of her medical conditions. Crystal Sharpe was originally summoned for jury service in September 2023. Over the next nine months, the Nottoway County Circuit Court made increasingly aggressive attempts to enforce the jury summons, including follow-up notices, an Order to Show Cause, and finally a bench warrant when Ms. Sharpe failed to respond or appear for service. Ms. Sharpe claimed that a variety of medical and transportation emergencies prevented her from responding. Following her arrest on the bench warrant, the local sheriff transported her to the courthouse for arraignment only to find that the courthouse was not ADA-compliant. The bench warrant was vacated and Ms. Sharpe excused from jury service due to medical hardship.
TWO UPCOMING WEBINARS
1. Streamlining Jury Selection: The Power of Remote Case-Specific Questionnaires | July 18 at 3:00 PM EST
Discover how remote case-specific juror questionnaires can revolutionize jury selection by providing greater convenience for prospective jurors, offering more meaningful insights into juror impartiality, and reducing operational costs through improved juror utilization. Our esteemed panelists from the Superior Court of Arizona, Maricopa County, will share their successful implementation of this innovative approach. The webinar will cover:
- The process used by the Maricopa County Superior Court to prescreen jurors for bias and time conflicts;
- How remote juror questionnaires provide more detailed and valuable information to judges and lawyers;
- The practical tools utilized, including Microsoft Forms and Excel, to facilitate remote questionnaires; and
- The significant impact this approach has had on the efficiency and effectiveness of voir dire.
2. Using Behavioral Science to (Re)Design Your Jury Summons and Other Communications with Prospective Jurors | August 21 at 3:00 PM EST
Join us for an insightful webinar on redesigning jury summonses and other communications with prospective jurors through the lens of behavioral science. Shannon McAuliffe, associate managing director at ideas42, will guide us through behavioral science 101 and innovative strategies that courts can implement to improve response and appearance rates by prospective jurors. The session will explore:
- The principles of behavioral science and how they apply to jury communications
- Real-world examples of redesigned communications that have led to higher engagement
- Practical tips for crafting more effective messages to prospective jurors
McAuliffe will share valuable insights from her experience working with courts across the country on defendant appearance rates to implement these evidence-based approaches in the juror context.
For more information on both webinars, email Paula Hannaford-Agor.
Please Submit Nominations for the 2024 Munsterman Award
The Center for Jury Studies at the National Center for State Courts is now accepting nominations for the G. Thomas Munsterman Award for Jury Innovation. The award is named for G. Thomas Munsterman, founder and former director of the Center for Jury Studies and an internationally renowned innovator in jury systems and research. The award recognizes states, local courts, individuals, or other organizations that have made significant improvements or innovations in jury procedures, operations, or practices in state or local statutes, rules, or other formal changes; jury management or technology; in-court improvements; or other improvements or innovations related to juries and jury trials. Nominations will be accepted until 5:00 pm ET on Friday, Sept. 13, 2024. Submit the name of a nominee or email Hope Forbush if you have questions about the nomination process.