RESPONSES

What does jurors’ submission of questions to witnesses refer to?

Jurors’ submission of questions to witnesses refers to an innovative procedure currently being utilized in some civil and criminal courts across the country. It generally involves jurors submitting written questions to a judge, who then approves or disapproves it. If approved, the question is generally posed to the witness by the judge. Questions that are allowed are usually purely for the purpose of clarification.

Judges and attorneys who have used this technique report that the vast majority of juror questions are serious, concise, and relevant to the trial proceedings. There is no evidence that permitting jurors to pose questions to the witnesses has any significant effect on the deliberative role of the jury. Likewise, the fact that irrelevant or prejudicial questions are not posed to witnesses does not appear to affect the jurors’ judgment in any significant manner.

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What procedures are being used in courts that allow jurors to ask questions?

Generally speaking, courts that allow jurors to ask questions will follow a procedure similar to the following:

At the beginning of the trial, the judge explains to the jurors that if witness testimony is confusing or complicated, they may submit clarifying questions through the judge. Following direct and cross-examination of a witness, the judge sends the jurors into the jury room for a limited period of time (usually five to ten minutes) with instructions to draft any questions for the witness that they believe will clarify the witness’s testimony. Jurors need not sign or otherwise identify themselves as the authors of the questions.

The jury remains in the jury room while the judge and trial attorneys review the jurors’ questions. While the jury is sequestered, the judge reads each juror question on the record and permits the trial attorneys to object to the scope or content of any question. The judge rules on the objection at that time. After the judge has ruled on all of the objections and made any supplemental instructions to the witnesses or parties, the jury returns to the courtroom.

The judge explains to the jury that evidentiary rules may prohibit certain questions from being asked of the witnesses and that the jurors should attach no significance to the fact that some of their questions were asked of the witnesses while others were not. The judge then reads to the witness those questions that have survived any objections. After the witness answers the question, the trial attorneys may re-direct or re-cross-examine the witness.

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What are some possible instructions given by a judge regarding juror questions?

The judge may instruct the jury that questions are supposed to be for the purpose of clarifying complicated or confusing testimony, and not for the sake of arguing with a witness. The judge may instruct the witness that he or she should confine answers to the scope of the question. The trial judge may also instruct the trial attorneys to refrain from renewing in the presence of the jury any objections that were previously overruled. The judge may explain to the jury that evidentiary rules may prohibit certain questions from being asked of the witnesses and that the jurors should attach no significance to the fact that some of their questions were asked of the witnesses while others were not.

Below is one example of a specific instruction to the jury regarding which questions were admitted and which were not:

"During the course of this trial, the Court has allowed jurors to prepare questions to be asked of certain witnesses. Some of those questions were not asked. The jury must not concern itself with the Court's reasons for refusing to ask questions. The fact that certain questions were not asked must not affect your consideration of the evidence in any way."

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What are the advantages of juror questions?

Some advantages may include:

The nature of juror questions often alerts the trial judge and the attorneys when the jurors have misunderstood an important point of the evidence or testimony, thus giving them the opportunity to correct the misunderstanding with new witness testimony, closing arguments, or jury instructions on the issue;
Permitting jurors to ask question increases the likelihood that the jury will understand the witness testimony and give it appropriate weight during deliberations; and
Permitting jurors to ask questions helps keep them alert and engaged in the trial proceedings, thus increasing satisfaction with jury service.

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What are the disadvantages of juror questions?

Some disadvantages may include:

Permitting jurors to ask questions may confuse their role as neutral fact finders, assuming instead the role of advocates;
Jurors may interpret the trial judge’s failure to ask a question as an indication that the witness’s testimony should be discounted;
Jurors may be offended or angry if all of their questions are not answered; and
Permitting jurors to ask questions of witnesses adds to the length of trial proceedings.

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