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The
issue of whether or not to allow jurors to take notes has become one of
the most prominent in the ongoing discussion regarding jury trial
innovations. Notes serve as
a useful memory aid for the evidence presented during trial as well as
making it easier for jurors to follow and comprehend the issues and
arguments in complex litigation. Studies
of this widespread technique indicate that the jury is better informed
about the evidence and the proper application of law during its
deliberations. In most
jurisdictions that allow notetaking, the trial judge has discretion to
permit jurors to take notes. However,
if the jurisdiction does not, by statute or court rule, expressly permit
jurors to take notes, parties have independently consented to juror
notetaking prior to trial.
In many cases, if juror notetaking is permitted, the court furnishes
notepads and writing utensils. However,
notetaking is not without opposition, as some judges and administrators
fear that if jurors are taking notes, their attention will be distracted
from testimony and court procedures.
Consequently, notetaking is an innovation that has not been
universally adopted.
This
module seeks to better understand the issue of juror notetaking and its
advantages and disadvantages. |
