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Thaddeus Hoffmeister
Professor
Recent Activity
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Juries and Lay Participation. Nancy Marder from Chicago-Kent College of Law offers a comparative perspective on the jury, surveying the different ways in which laypersons are used and controlled in different common law and civil law systems. Continue reading
Posted 7 days ago at Juries
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A recent Wall Street Journal article provided a brief historical overview of the jury. WSJ: Juries, From the Ancient Athenians to '12 Angry Men' Continue reading
Posted 7 days ago at Juries
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Article on Juror Questions Judge Jeannine Turgeon, Court of Common Pleas, Dauphin County (Harrisburg, PA) published an article in the January-February, 2017 edition of The Pennsylvania Lawyer titled, Permitting Jurors to Ask Questions During Trials: Is it a solution to... Continue reading
Posted Jan 13, 2017 at Juries
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Reagan Rose Hillel Bavli Guiding Jurors with Prior-Award Information: A Randomized Experiment Abstract Jurors receive little guidance in determining awards for pain and suffering and punitive damages. Consequently, these awards are notoriously unpredictable, undermining the law’s objectives and causing a... Continue reading
Posted Jan 11, 2017 at Juries
Commonwealth of Kentucky v. Doss On December 15, 2016, the Supreme Court of Kentucky issued an opinion in Commonwealth of Kentucky v. Doss. Mr. Doss was charged with theft and he is African-American. During his first trial, after the jury... Continue reading
Posted Jan 6, 2017 at Juries
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The January Newsletter from the Civil Jury Project is now available. Continue reading
Posted Jan 5, 2017 at Juries
Interesting and useful 6 page opinion. (Court of Appeals of New York) - Conviction for manslaughter is reversed where the trial court abused its discretion by prohibiting defense counsel from questioning prospective jurors about their views on involuntary confessions. People... Continue reading
Posted Dec 30, 2016 at Juries
(Court of Appeals of New York) This appeal requires us to consider whether skin color of a prospective juror is a cognizable classification upon which a challenge to a prosecutor's use of peremptory strikes under Batson v Kentucky (476 US... Continue reading
Posted Dec 30, 2016 at Juries
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New York Law Journal article by Brian D. Koosed Anthony P. Badaracco Erica R. Iverson New York Judges, Not Juries, Should Decide Whether to Pierce the Veil The hallmark of the corporate form is its limited liability, which ensures that... Continue reading
Posted Dec 23, 2016 at Juries
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An appeals court in Pennsylvania upheld a $2 jury verdict that resulted from a motor vehicle accident involving the plaintiff and defendant (Ortiz v. Kaplow) Continue reading
Posted Dec 21, 2016 at Juries
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In Kentucky v. Doss, the Kentucky Supreme Court found that a lack of diversity is insufficient grounds for a judge to dismiss an empaneled jury. For more on this case go here. Continue reading
Posted Dec 20, 2016 at Juries
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Aliza Plener Cover Hybrid Jury Strikes Abstract Modern jury selection is pulled in two directions. Equal protection prohibits racial discrimination, but the traditional peremptory strike permits exclusion of a juror without explanation. To reconcile this tension, the Court developed the... Continue reading
Posted Dec 20, 2016 at Juries
Trial Consultants, TV Law, and a Load of Bull Richard Gabriel takes a close look at the new television show 'Bull' and muses about how the show does and does not represent reality as well as how it may effect... Continue reading
Posted Dec 16, 2016 at Juries
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USA Today: Juror's Facebook posts risk $2M verdict against officer MILWAUKEE — A juror's posts on Facebook during a federal civil rights trial he was hearing could jeopardize a nearly $2 million verdict awarded to a man who claimed he... Continue reading
Posted Dec 14, 2016 at Juries
The article below provides interesting insight on the reason Oregon and Louisiana allow non-unanimous jury verdicts. According to the article, the original intent behind permitting non-unanimous verdicts was to increase the likelihood of convictions and limit the impact of minorities... Continue reading
Posted Dec 13, 2016 at Juries
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Nicholas Scurich Richard S. John Jurors’ Presumption of Innocence Abstract: The presumption of innocence explicitly forbids jurors from using official suspicion or indictment as evidence of guilt in a criminal trial. A behavioral experiment tested whether jurors follow this prescription.... Continue reading
Posted Dec 7, 2016 at Juries
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Jorge L. Contreras University of Utah - S.J. Quinney College of Law Michael A. Eixenberger University of Utah, S.J. Quinney College of Law, Students Model Jury Instructions for Reasonable Royalty Patent Damages Abstract: Consistent, accurate and understandable jury instructions are... Continue reading
Posted Dec 5, 2016 at Juries
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Here is the first ever newsletter by the Civil Jury Project. Background information on the Civil Jury Project The Seventh Amendment to the US Constitution and provisions of most state constitutions guarantee citizens the right of trial by jury in... Continue reading
Posted Nov 30, 2016 at Juries
ASTC is Giving Back In the spirit of Giving Tuesday, ASTC would like to give something back. We are holding a webinar this Thursday, December 1 that is FREE for all members, past members, and potential members. Join us for... Continue reading
Posted Nov 29, 2016 at Juries
WCPO: Judge orders jurors' questionnaires in Ray Tensing murder case ... Continue reading
Posted Nov 29, 2016 at Juries
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The article below highlights why instructing jurors to "search for the truth" may work to disadvantage criminal defendants. Wisconsin Law Journal: ON THE DEFENSIVE: Should juries really be searching for the 'truth?' Continue reading
Posted Nov 27, 2016 at Juries
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Trump Challenges the Jury Selection Process On November 16, 2016, attorneys for defendants President-Elect Donald J. Trump and Trump University, LLC filed an ex parte motion to require the U.S. District Court for the Southern District of California to provide... Continue reading
Posted Nov 18, 2016 at Juries
Angela J. Rollins Billy H. Nolas The Retroactivity of Hurst v. Florida, 136 S. Ct. 616 (2016) to Death-Sentenced Prisoners on Collateral Review Abstract: In Apprendi v. New Jersey the United States Supreme Court established that any finding that increases... Continue reading
Posted Nov 16, 2016 at Juries
Here is an interesting article about how other common law countries (Australia, UK, and Ireland) treat deaf and blind jurors. The article also briefly mentions the work of the UN Committee to the Convention on the Rights of Persons with... Continue reading
Posted Nov 14, 2016 at Juries
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Gwinnett County Juror Texting System The Atlanta Journal-Constitution reported on November 4, 2016 that the Gwinnett County, Georgia Courts have begun using a texting system to keep jurors updated on the status of their service. The system will notify people... Continue reading
Posted Nov 11, 2016 at Juries