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In
recent months, due to the high profile rape case of a certain NBA
superstar, the national media has latched on to Colorado’s rule
permitting jurors to ask questions in criminal cases; a rule that was
the result of an extensive study and much debate.
As it has become a more widely publicized innovation and is
also a central issue of jury innovation advocates, it is important to
investigate it further.
Jurors’
submission of questions to witnesses is an innovation present in both
criminal and civil courts. It
involves allowing jurors to submit written questions to witnesses
through the trial judge, generally with the consent the court and
counsel. While advocates
of this innovation claim that it aids in juror comprehension and
interest in the case, others contend that it interferes with the
jury’s responsibility as impartial judges of the facts.
Consequently, debate continues about whether allowing jurors to
ask questions is a positive idea.
This
module seeks to explore the issue and to understand its advantages and
disadvantages.
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