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Jury Trial Innovations FAQs
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Jury
Jury Trial Innovations
FAQs
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Responses
Several different states have created task forces and commissions, written reports, and otherwise studied ways to improve the jury system. For a list of state activities and reports, please refer to Jury Reports and Web Sites: State Links. For an overview, please refer to G. Thomas Munsterman, “Implementing Jury Trial Innovations,” Jury News (April 1, 2002).
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See B. Michael Dann, “Juries: Composition and Comprehension,” in Report on Trends in the State Courts, 2000-2001 (Williamsburg, VA: National Center for State Courts, 2001).
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Notetaking is generally allowed unless there is a specific rule against it. Generally, the practice is at the discretion of the judge. However, it is difficult to see how often such discretion is exercised. For reports encouraging the practice, see:
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The American Bar Association Committee on Juror Standards, Standards Relating to Juror Use and Management (Chicago: ABA, 1993), discusses what information should be provided to jurors. See Standards 16(a) and (b). Many courts provide pamphlets, juror orientation, videos, cable-television programs, and other resources to prospective jurors. See online examples from Harris County, Texas and from the Colorado Judicial Branch. Many courts have produced videos to show jurors and potential jurors. To view library records or for information about checking out videos, please refer to our online library catalog, iBistro.
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While the Bill of Rights does not specifically refer to a right to privacy, such a right has been established by caselaw. Moreover, identity theft and other privacy concerns have grown as technology allows for easier access to personal information. At the same time, defendants have a constitutional right to a public trial. Balancing these interests has been the challenge of those trying to protect juror privacy. Most courts tell jurors that they may speak to the media, but that they do not have to. Jurors are usually told to let the court know if they feel undue pressure from the media or others.
Jurisdictions have different provisions regarding juror addresses or personal information disclosed in the questionnaire. Following are a few state policies:
Alabama: If a juror questionnaire containing personal information is obtained from a prospective juror in any case appealed to the court of criminal appeals, that questionnaire shall not be included in the clerk’s portion of the record on appeal. R.Cr.P. 18.2(b)
Hawaii: The trial judge will consider jurors’ concerns about privacy when making decisions about the case. The judge must balance the requirement in the federal Constitution that guarantees people a public and speedy trial with jurors' concerns about privacy. If jurors have concerns about privacy, they are encouraged to let the judge know. If a newspaper or television reporter, or a lawyer or a friend of one of the people involved in the case, approaches a juror during the trial, jurors are to let the judge know immediately. After the trial is over, the media and the parties in the case may contact jurors, but the court tells jurors they are not required to talk to them. Jurors are encouraged to let the judge in your case know if they feel harassed by the media posttrial (or any other time).
Nebraska: The juror handbook notes, “After the trial is completed and you are dismissed by the judge, you are not obligated to answer questions presented by attorneys or the press. If unwarranted questions persist, contact the judge immediately.”
New Hampshire: No attorney, party involved in the case, or any person acting for them is permitted to interview, examine, or question any juror or member of the juror’s family for a period of 30 days after jurors have completed service. After that time, communication is permitted. However, jurors are not required to discuss any matter concerning their jury service with anyone unless they wish to do so. Jurors should let the court know if they are contacted within the 30-day period or if anyone has asked them questions or made comments that were calculated to embarrass or harass the juror or to influence his or her actions in future jury service.
New York: Uniform Rules for the Jury System §128.14(a)(b) govern confidentiality and security of jurors’ records. Juror qualification questionnaires and other juror records shall not be disclosed except as permitted by section 509 of the Judiciary Law. The commissioner of jurors and the Office of Court Administration shall take the necessary precautions to ensure that the records and materials in their respective possession used for the selection, procurement, and utilization of jurors are stored securely and in such a manner as to prevent their unauthorized use, modification, or disclosure.
See also Michael Devereaux, “Protecting the Juror’s Right to Privacy,” Phase 3 paper, Court Executive Development Program, Institute for Court Management, Williamsburg, Va., 2002 (KFM8342 .D49). See also Paula Hannaford, “Making the Case for Juror Privacy: A New Framework for Court Policies and Procedures,” white paper, National Center for State Courts, 2001. (KF8972 .H26).
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Subscribe to the Center for Jury Studies’ e-newsletter, Jur-E Bulletin.
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| Creation Date: 2003 |
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Last Modified: 4/5/2009
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