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Thaddeus Hoffmeister
Professor
Recent Activity
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Jeannine Bell Mona Lynch Cross-Sectional Challenges: Gender, Race, and Six-Person Juries Abstract: After two grand juries failed to indict the police officers that killed Michael Brown and Eric Garner in 2014, our nation has engaged in polarizing discussions about how... Continue reading
Posted 7 hours ago at Juries
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A three-judge panel of the First Circuit Court of Appeals has ruled that the trial of Dzhokar Tsarnaev can be held in Boston. Defense attorneys for Tsarnaev had requested a change of venue arguing that because of extensive pre-trial publicity... Continue reading
Posted 2 days ago at Juries
Here is the latest edition of the Jury Expert put out by the American Society of Trial Consultants (ASTC). Why Women Stay Quiet at Work, But Not in the Jury Room by Suann Ingle. Many of us have read the... Continue reading
Posted 3 days ago at Juries
Receptivity of Capital Jurors to Mitigating Factors of Mental Illness, Intellectual Disability, and Situational Impairments in Death Penalty Decisions Leona Deborah Jochnowitz Abstract: This research presents aspects of juror receptivity to mitigating factors of mental, cognitive/intellectual and situational impairments in... Continue reading
Posted 5 days ago at Juries
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NY's top judge believes that the judiciary should play a greater role in the grand jury process when police are accused of killing a civilian. I personally think that grand jurors should be provided their own counsel. Grand Jury Legal... Continue reading
Posted 7 days ago at Juries
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It is uncommon for judges to punish a juror. It is really uncommon for judges to punish a juror for talking to the media. It is really, really uncommon for judges to punish a juror for talking to the media... Continue reading
Posted Feb 20, 2015 at Juries
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The article below examines the financial challenges of being a juror on a case that lasts for an extended amount of time. The net result is that you have certain people who just can't serve because of the financial hit... Continue reading
Posted Feb 19, 2015 at Juries
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People v. Cisneros The defendant’s two counts of making a criminal threat are reversed for the following reasons: 1) the trial court erred in denying defendant's Batson/Wheeler motions alleging that the prosecutor had discriminated against men in exercising peremptory challenges... Continue reading
Posted Feb 18, 2015 at Juries
13WMAZ: Openly Gay Man Plans to Refuse Jury Duty This article discusses using jury duty as a way to make a political statement. Continue reading
Posted Feb 17, 2015 at Juries
The St. Louis Post Dispatch has an editorial in support of allowing a Ferguson grand juror to talk about his/her experience. St. Louis Post Dispatch: Editorial: Court should allow Ferguson grand juror to speak Continue reading
Posted Feb 16, 2015 at Juries
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A Memphis juror was sentenced to 10 days in jail (9 days were suspended) for communicating with a criminal defendant via Facebook. Interestingly, despite the social media interaction, the juror along with the other members of the jury still found... Continue reading
Posted Feb 13, 2015 at Juries
Knoxville News Sentinel: Judge to Lowe: 'Stealth juror' radar on For prior posts on stealth jurors go here. Continue reading
Posted Feb 12, 2015 at Juries
By now, most know that the federal child pornography guidelines are out of whack. However, few people are sure about how best to address the problem. One federal judge has taken the wise approach of consulting with jurors prior to... Continue reading
Posted Feb 11, 2015 at Juries
Here is the juror questionnaire from the American Sniper trial. The most interesting aspect of this questionnaire is its length--only 23 questions. The defendant (Eddie Ray Routh) in this case is accused of killing Navy SEAL Chris Kyle and another... Continue reading
Posted Feb 10, 2015 at Juries
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Annabelle Lever Racial Profiling and Jury Trials Abstract: How should trial experts approach cases of racial profiling? As a British philosopher, albeit one who has lived and worked in the States, all I can offer are some suggestions and some... Continue reading
Posted Feb 9, 2015 at Juries
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Today, the federal judge in the Boston Marathon bombing trial denied the third request by Dzhokhar Tsarnaev to have his trial moved (for background information on prior motions to change venue go here). In denying this third request for a... Continue reading
Posted Feb 6, 2015 at Juries
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Niamh Howlin Multiculturalism, Representation and Integration: Citizenship Requirements for Jury Service Abstract: This article examines the practice of restricting jury service to citizens. While some jurisdictions, such as the United Kingdom and New Zealand, base jury eligibility on permanent residency... Continue reading
Posted Feb 5, 2015 at Juries
As of late, there has been an increased concern about stealth or rogue jurors, which is most likely attributable to the number of ongoing high profile criminal jury trials. Yesterday, the Boston Herald ran an op-ed piece on why stealth... Continue reading
Posted Feb 4, 2015 at Juries
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Last week, the SCT, in a unanimous opinion, Hana Financial v. Hana Bank, found that trademark tracking (determining whether a prior version of a trademark may be "tacked" on to a later version of the mark for purposes of deciding... Continue reading
Posted Feb 3, 2015 at Juries
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Harry M. Caldwell and Adrienne Hewitt (no picture or link available) Shades of Guilt: Combating the Continuing Influence Upon Jury Selection of Racial Stereotyping in Post-Batson Trials Abstract: This Article addresses the role stereotypes, particularly racial stereotypes, play in the... Continue reading
Posted Feb 2, 2015 at Juries
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The trial judge handling the Aaron Hernandez murder trial has ruled that the jurors in the case can watch the Super Bowl. Apparently, the jurors are suppose to walk out of the room if they hear any mention of Hernandez's... Continue reading
Posted Feb 1, 2015 at Juries
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Francis Xavier Flanagan is an economics professor and his article appeared in the Journal of Law and Economics. Peremptory Challenges and Jury Selection Abstract: I examine how peremptory challenges, which are vetoes that attorneys may use on prospective jurors, affect... Continue reading
Posted Jan 30, 2015 at Juries
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This week the MA Supreme Judicial Court determined that the names of jurors must be made public at the completion of trial. Specifically, the high court ruled in Commonwealth v. Fujita that "a list of the names of jurors empaneled... Continue reading
Posted Jan 28, 2015 at Juries
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I thought the article below would serve as a good contrast to Sunday's post on the NJ bill that allows citizens to volunteer for jury service. Apparently, the sheriff in Eau Claire, WI has resorted to rounding up people on... Continue reading
Posted Jan 27, 2015 at Juries
It should come as no surprise that it will take some time to find 24 (12 alternatives the most I have ever seen) impartial jurors for the James Holmes death penalty trial. The article below highlights the myriad of excuses... Continue reading
Posted Jan 26, 2015 at Juries