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Thaddeus Hoffmeister
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Alexandra Lahav Participation and Procedure Abstract: How much participation should a procedurally just court system offer litigants? This question has always been especially difficult to answer in complex litigation such as class actions and mass torts because these cases involve... Continue reading
Posted yesterday at Juries
Nancy Marder Juror Bias, Voir Dire, and the Judge-Jury Relationship Abstract: In the United States, voir dire is viewed as essential to selecting an impartial jury. Judges, lawyers, and the public fervently believe that a fair trial depends on distinguishing... Continue reading
Posted 4 days ago at Juries Was Neulander Juror's Habit of 'Mindless Digital Interaction to Blame? Judge Asks? Continue reading
Posted 5 days ago at Juries
A juror hearing the death penalty case of James Holmes came to court wearing a Mettalica t-shirt that depicted a person in an electric chair. When questioned by the judge about the t-shirt the alternate juror said he wore it... Continue reading
Posted 6 days ago at Juries
The Civil Jury Project, which was recently established at NYU law school, will hold its inaugural conference on September 11, 2015. The agenda for the conference can be found below. If you are interested in attending the conference you can... Continue reading
Posted 7 days ago at Juries
Rakhi Ruparelia Erring on the Side of Ignorance: Challenges for Cause Twenty Years after Parks Abstract: In 1993, Justice Doherty of the Ontario Court of Appeal crafted what was perhaps the most significant decision on racism in the Canadian criminal... Continue reading
Posted Jul 23, 2015 at Juries
Kevin Crosby Juror Punishment, Juror Guidance and the Criminal Justice and Courts Act 2015 Abstract: The Criminal Justice and Courts Act 2015 creates several new offences relating to juror misconduct, which have generally been considered pragmatic responses to the immediate... Continue reading
Posted Jul 21, 2015 at Juries
Kozinski on Juries Eugene Volokh posts excerpts of 9th Circuit Court of Appeals Judge Alex Kozinski's recent law review article Criminal Law 2.0. His latest post, which appears on the Washington Post, pertains to Judge Kozinski's view on the jury... Continue reading
Posted Jul 16, 2015 at Juries
According to the article below, plaintiffs attorneys in New Mexico seek to file personal injury suits in the northern section of the state e.g., Santa Fe and Las Vegas. Apparently, northern jurors are more pro-plaintiff. New Mexico courts allow this... Continue reading
Posted Jul 14, 2015 at Juries
Valerie Reyna, Valerie Hans, Jonathan Corbin, Ryan Yeh, Kelvin Lin, and Caisa Royer The Gist of Juries: Testing a Model of Damage Award Decision Making Despite the importance of damage awards, juries are often at sea about the amounts that... Continue reading
Posted Jul 13, 2015 at Juries
Barbara J. Falk Jeremy Patrick The 'Red Menace' on Trial: Jury Discrimination in Dennis Abstract: In 1949, the leadership of the American Communist Party was put on trial for allegedly conspiring to teach the overthrow of the American government. The... Continue reading
Posted Jul 9, 2015 at Juries
Federico Picinali The Threshold Lies in the Method: Instructing Jurors About Reasoning Beyond Reasonable Doubt Abstract: The last few decades have seen several scholars and courts striving to understand the meaning of the reasonable doubt standard and, in particular, to... Continue reading
Posted Jul 6, 2015 at Juries
Michael Heyman Lost in Translation: Criminal Jury Trials in the United States Abstract: Two features of the jury instructions in the Trayvon Martin case combined to make acquittal a virtual certainty: The court's failure to instruct the jury on the... Continue reading
Posted Jul 1, 2015 at Juries
The article below examines the challenge of ensuring juror honesty during voir dire. I believe more and more attorneys will turn to investigating and monitoring jurors. Today's digital world has made it fairly easy to research someone's background. The Tennessean:... Continue reading
Posted Jun 30, 2015 at Juries
Ralph Bryant The Summary Jury Solution -- Restoring the Seventh Amendment's Constitutional Checks and Balances Protection to the Summary Judgment Procedure in Federal Court Abstract: The strength of the United States Constitution lies not only in its delegation of powers... Continue reading
Posted Jun 29, 2015 at Juries
Andrew Jurs Expert Prevalence, Persuasion and Price: What Trial Participants Really Think About Experts Abstract: The importance of expert witnesses to modern litigation is clear, but the lack of reliable data about experts and their effectiveness in court is remarkable.... Continue reading
Posted Jun 26, 2015 at Juries
Atlantic: Reasonable Doubts About the Jury System Continue reading
Posted Jun 24, 2015 at Juries
Posted Jun 24, 2015 at Juries
Eric Ghosh Judicial Reference to Community Values – a Pointer Toward Constitutional Juries? Abstract: The practice of justifying judicial decisions by reference to consensual community values, which are distinguished from ordinary public opinion, has occurred in a number of jurisdictions... Continue reading
Posted Jun 23, 2015 at Juries
Sarah French Russell Jury Sentencing and Juveniles: Eighth Amendment Limits and Sixth Amendment Rights Abstract: Across the country, states are grappling with how to comply with the U.S. Supreme Court’s recent decision in Miller v. Alabama, which held that mandatory... Continue reading
Posted Jun 22, 2015 at Juries
In Warden v. Ayala the Supreme Court reversed and remanded the decision of the Ninth Circuit Court of Appeals. The Court held that any federal constitutional error that may have occurred by excluding Ayala’s attorney from part of a Batson... Continue reading
Posted Jun 18, 2015 at Juries
R.A. Duff Legal Reasoning,Good Citizens and the Criminal Law Abstract: As part of a larger project on the various roles that citizens of a democratic polity may be called on to play in relation to the criminal law, I discuss... Continue reading
Posted Jun 17, 2015 at Juries
FOX 13 Tampa Bay: Juror sentenced for researching murder case before verdict Oregon Live: Judge refuses to declare mistrial because of juror's Google search ... WSYR: Neulander hearing delayed: Juror cell phone being examined For more blog posts about jurors... Continue reading
Posted Jun 12, 2015 at Juries
3 Jurors Dismissed from Aurora Shooting Trial The article below highlights the challenges of keeping jurors sitting on a high profile trial away from outside information about the case. Here, one of the jurors was informed by her husband that... Continue reading
Posted Jun 10, 2015 at Juries
This is worth mentioning because judges generally err on the side of allowing an anonymous jury. ABC News: Judge Rejects Anonymity in Federal Cyberstalking Trial Continue reading
Posted Jun 9, 2015 at Juries