How to Handle Juror Questions: Considerations for Counsel
- whether their client will benefit from the jury writing down questions after each witness
- whether questions should be collected at designated breaks during the day
- whether the judge or the attorneys shall ask the jurors’ questions
- whether attorneys can unilaterally reject questions they don’t want asked
- whether they must make formal objections based on their state's rules of evidence; and
- whether all jurors should be required to write something down on the paper slips distributed by the bailiff, or whether only those with questions should hand in their slips.
Employers' Role in Supporting Jury Service
The Society for Human Resource Management asserts that employers have a responsibility to encourage employees to serve on a jury. While an organization’s productivity and finances may be impacted when one of their employees serves as a juror, these costs are outweighed by the benefits juries serve in our justice system. Additionally, amid the competitive landscape in which companies are operating today, employers can stand out to potential employees by demonstrating a civic consciousness as seen through supporting jury service. Finally, employers can benefit from the critical thinking and group problem-solving skills acquired by employees during jury service.
Center for Jury Studies Director Describes Recent Jury Experience
Our very own Paula Hannaford-Agor, director of the Center for Jury Studies at NCSC, was recently selected to serve as a juror in a criminal trial in her local circuit court. In “What Were They Thinking?” Hannaford-Agor describes her experience serving on a jury, including her surprise at being selected due to her status as a recognized jury expert. For the CJS director, it was informative to observe jurors’ frustrations with various aspects of the trial and deliberation process firsthand. She writes that jurors complained about the disjointed and confusing way evidence was introduced through direct and cross-examination of witnesses. Hannaford-Agor concludes that while they fulfilled their duty as jurors by determining guilt versus acquittal, she found it unsettling that they had failed to uncover the truth of the allegations. In sum, “It is much harder than it looks.”
No Mistrial Due to 25-Day Delay for COVID-19 During Jury Deliberations
In State v. Henderson, the Supreme Court of Connecticut found that the trial court did not abuse its discretion by denying Henderson’s motion for a mistrial after a 25-day pause took place during jury deliberations due to his having been exposed to, and later contracting, COVID-19. In his motion, Henderson asserted that the pause prejudiced him because of the risk that jurors would be exposed to improper, external influences or would forget evidence, counsel’s arguments, or the trial court’s instructions. The trial court denied the motion because, in part, deliberations would have to begin anew anyway due to one juror being unavailable for the rescheduled proceedings. On appeal, the state’s highest court found that no abuse of discretion had occurred in denying the motion for mistrial because precautions were taken to mitigate concerns from both parties as they navigated the delay. This included discussing hybrid trial options and having counsel review the specific language the courtroom clerk would use when notifying jurors about the trial delay.
What Are Your Plans for Juror Appreciation Week?
Many courts designate May 1, International Law Day, as the day (or week or month) to publicly recognize jurors for the critical role they play in the American justice system. Other courts do so in conjunction with the Fourth of July holiday. Regardless of the date, this is the occasion for state and local courts to issue proclamations, public service announcements, and op-eds in local print media about the importance of juries and jury trials and to provide jurors with small tokens of recognition for their service. For courts that are still planning their 2024 Juror Service Appreciation events, the NCSC Center for Jury Studies invites you to participate in an online workshop to share ideas and strategies from 3 to 4 pm ET on Tuesday, April 9, 2024. Register for this event here.