RESPONSES
What
are juror notebooks?
Juror
notebooks are generally three-ring binders provided to members of a jury
in complex cases, used for keeping documents and other information about
the case. In certain
instances, evidence presented during the trial will be included in these
notebooks when given to the jurors.
Top
What
are some issues raised in discussing juror notebooks?
Some issues that
have been raised regarding juror notebooks include:
- In which
types of cases are juror notebooks appropriate?
- Will the
jurors’ use of the notebooks distract them during the trial?
- What
kinds of information should the notebooks contain?
- Who
prepares the notebooks? Who
pays for the costs associated with juror notebooks?
- What kind
of supervision should the judge provide over the preparation and use of
the notebooks?
- What
exhibits should be copied for inclusion in the notebooks?
Should only the relevant portion of an exhibit be used?
Should it be highlighted?
- When
important exhibits are admitted during the trial, should copies be added
to those the jurors already have?
Top
Are
there any answers to the aforementioned issues?
While the answers to
the above questions are hard to answer, as juror notebooks is not yet a
widely practiced procedure and many of the answers will be dependent on
the individual court in question, certain answers are possible.
For example, it is possible to generally assert that notebooks
are more appropriate in complex cases.
It would be hard to argue for the use of extensive juror
notebooks in a case without extensive evidential information.
However, many of
these questions remain unanswerable, as it is simply unknown how many
courts are using juror notebooks, and consequently, how they are funding
them, what exactly is being included, and the limitations placed upon
them. Additionally, it is
likely better left to the discretion of the individual court as to how
to answer these specific issues.
Top
What
are the procedures utilized regarding juror notebooks?
Though it may be
difficult to address court specific issues, it is possible to outline
some general procedures utilized regarding juror notebooks.
Generally speaking,
at a pretrial conference in a complex case or in a case in which a
protracted trial is anticipated, the judge and trial attorneys jointly
decide whether juror notebooks would assist the jurors.
If notebooks are favored, the judge and attorneys identify the
categories of documentation and information to be included and assign
responsibility for preparing the notebooks.
Regardless of who assembles the notebooks, the judge closely
supervises their preparation to ensure that they help jurors without
overloading them with excessive quantities of material.
Before the notebooks are copied, the attorneys stipulate to the
contents of the final version or, absent such a stipulation, the judge
approves the notebooks.
During overnight
recesses in the trial, a court employee secures the notebooks and
returns them to jurors when they reconvene.
Jurors are permitted to take their notebooks with them to the
jury room during recesses and for deliberations.
Top
What
should be included in a juror notebook?
Some suggestions for
notebook contents include:
- Paper for
taking notes;
- Preliminary
jury instructions;
- A short
statement of parties’ claims and defenses;
- A list of
witnesses by name, including identifying information and phonetic
spellings when helpful;
- Photographs
of key witnesses;
- Copies of
key exhibits;
- A
glossary of technical terms;
- A seating
chart for the courtroom that identifies all trial participants; and
- Final
jury instructions.
Additional documents
that are distributed to jurors should be notebook-ready.
Jurors should be given an opportunity to insert them in their
notebooks at the time they are distributed to avoid noise and
distraction. Preliminary
jury instructions should be removed, discarded, and replaced by the
final jury instructions before the latter are ready to the jury by the
court.
Top
What
are the advantages of juror notebooks?
Advantages
of juror notebooks include:
-
Juror
notebooks assist jurors to organize, understand, and recall large
amounts of information during lengthy and complex trials; and
-
Multipurpose
juror notebooks reduce juror stress in lengthy trials.
Top
What
are the disadvantages of juror notebooks?
The main
disadvantage cited in criticisms of juror notebooks is that the
preparation of juror notebooks requires additional time, effort, and
expense. Additionally, there
are also concerns about whether or not notebooks will distract jurors
from other issues in the case, instead of focusing their memories.
Top
|
