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Articles 1 - 13 of 13
Full-Text Articles in Law
The Gen Z Juror, Leslie Y. Garfield Tenzer
The Gen Z Juror, Leslie Y. Garfield Tenzer
Elisabeth Haub School of Law Faculty Publications
The Magna Carta drafters did not contemplate Facebook, Twitter, or texting when they formalized the jury system, a system that remains mostly unchanged 800 years after its inception. Those primed for jury duty over the coming decades have grown up with a cell phone in their hand and news at their fingertips. It is unreasonable to expect Gen Zers to meet the “radio-silence” mandate of jury duty. As smartphones become the de facto method of communication, courts, legislatures, and scholars offer prohibitions, admonitions, and increased punishment to curtail juror misconduct. These reforms, however, do little to prevent the kind of …
Bowman V. State, 132 Nev. Adv. Op. 74 (Oct. 27, 2016), Marco Luna
Bowman V. State, 132 Nev. Adv. Op. 74 (Oct. 27, 2016), Marco Luna
Nevada Supreme Court Summaries
A district court's failure to provide a jury instruction prohibiting jurors from conducting independent research, investigations, or experiments in any criminal or civil case constitutes error. Though likely harmless, the resulting prejudice may constitute reversible error.
The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson
The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson
Sheri Lynn Johnson
No abstract provided.
E-Jurors: A View From The Bench, Hon. Antoinette Plogstedt
E-Jurors: A View From The Bench, Hon. Antoinette Plogstedt
Cleveland State Law Review
This Article provides a comparative analysis of foreign jury systems and reviews the history of juries. The Article then explores emerging technology and its effect upon electronic juror misconduct. It further identifies juror misconduct resulting from innovative technology. The Article assesses solutions initiated in various U.S. state and federal jurisdictions. The Article reviews the role of more active juries, which incorporate note taking and jury notebooks. The Article analyzes the process of juror questioning and pre-deliberation juror discussions. The Article evaluates initiatives developed in various jurisdictions to deter juror misconduct by confiscating cell phones and improving jury instructions. Finally, this …
Party's Over: Admissibility Of Post-Trial Juror Testimony Should Depend On The Nature Of The Conduct, Justin Gillett
Party's Over: Admissibility Of Post-Trial Juror Testimony Should Depend On The Nature Of The Conduct, Justin Gillett
University of Michigan Journal of Law Reform Caveat
What do you call a weeklong period in which you and a handful of acquaintances drink alcohol every day at lunch, sleep though the afternoons, smoke marijuana and ingest a couple lines of cocaine on occasion? You call it the time when a jury convicted Anthony Tanner and William Conover of conspiracy to defraud the United States and commit various acts of mail fraud. Under a current rule of evidence, which precludes juror testimony to impeach a verdict except on extraneous prejudicial information, juror intoxication is not an external influence about which jurors may testify. A new test for the …
Mistrial In 140 Characters Or Less? How The Internet And Social Networking Are Undermining The American Jury System And What Can Be Done To Fix It, Timothy J. Fallon
Mistrial In 140 Characters Or Less? How The Internet And Social Networking Are Undermining The American Jury System And What Can Be Done To Fix It, Timothy J. Fallon
Hofstra Law Review
No abstract provided.
Good Film, Bad Jury, Charles D. Weisselberg
Good Film, Bad Jury, Charles D. Weisselberg
Chicago-Kent Law Review
12 Angry Men is a wonderful movie. Acting in one of the most acclaimed film roles of all time, Henry Fonda, as Juror #8, turns around a jury bent on conviction. Fonda begins as the lone holdout and one by one the other jurors change their views. Over the last half century, the jury in 12 Angry Men has come to symbolize an independent and vital American institution, the petit jury. But, as the Article explains, Fonda and his fellow jurors commit clear misconduct, eventually deciding to acquit the accused using evidence that was not introduced at trial. We cannot …
The Jailed Juror And Other Tales Of Juror Misconduct: Is Reform Required In Illinois?, Laura A. Caldwell, Kimberly A. Wilkins
The Jailed Juror And Other Tales Of Juror Misconduct: Is Reform Required In Illinois?, Laura A. Caldwell, Kimberly A. Wilkins
Northern Illinois University Law Review
This article will report on some of the higher profile cases concerning jury misconduct, as well as some practitioner accounts of such situations. We will summarize Illinois' position on investigations into jury misconduct, then examine common examples of such misconduct. Finally, we will suggest possible reformative measures that could be taken to prevent, or better handle, jury misconduct.
Evidence: 1999-2000 Survey Of New York Law, Faust Rossi
Evidence: 1999-2000 Survey Of New York Law, Faust Rossi
Cornell Law Faculty Publications
No abstract provided.
Juror Delinquency In Criminal Trials In America, 1796-1996, Nancy J. King
Juror Delinquency In Criminal Trials In America, 1796-1996, Nancy J. King
Michigan Law Review
This article examines two aspects of the jury system that have attracted far less attention from scholars than from the popular press: avoidance of jury duty by some citizens, and misconduct while serving by others. Contemporary reports of juror shortages and jury dodging portray a system in crisis. Coverage of recent high-profile cases suggests that misconduct by jurors who do serve is common. In the trial of Damian Williams and Henry Watson for the beating of Reginald Denny, a juror was kicked off for failing to deliberate; Exxon, Charles Keating, and the man accused of murdering Michael Jordan's father all …
The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson
The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson
Cornell Law Faculty Publications
No abstract provided.
Abstracts Of Recent Cases, A. M. P.
New Trial - Use Of Testimony Of Jurors To Set Aside Verdict, R. J. Nordstrom S.Ed.
New Trial - Use Of Testimony Of Jurors To Set Aside Verdict, R. J. Nordstrom S.Ed.
Michigan Law Review
Whether or not testimony of a juror is admissible for the purpose of setting aside a verdict is a question upon which the cases are in conflict. Much of the contrariety of opinion is due to a failure of courts to distinguish between the two basic factual situations which present the problem. The juror's testimony may be sought to be introduced to show either: (1) that, due to some misunderstanding, his own thought processes were misdirected in arriving at his final vote; or, (2) that he observed the open misconduct of a fellow juror. At the outset it should be …