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Thaddeus Hoffmeister
Professor
Recent Activity
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Richard Taylor At Face Value : Should a Jury Warning About the Risks of Assessing Credibility from Demeanour Be Mandatory In Criminal Jury Trials? Abstract: In E (CA799/2012) v R [2013] NZCA 678 the Court of Appeal directly confronted the... Continue reading
Posted 3 hours ago at Juries
Well, in the Southern District of Florida the criminal conviction is still upheld. In U.S. v. Livoti, a juror named J.D. responded to a jury summons to sit on the criminal trial of Anthony Livoti. After being selected, J.D., along... Continue reading
Posted 5 days ago at Juries
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Vida B. Johnson Presumed Fair? Voir Dire on the Fundamentals of Our Criminal Justice System Abstract: The American criminal justice system is built on three bedrock principles: the presumption of innocence, the burden of proof, and the standard of proof... Continue reading
Posted 6 days ago at Juries
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The Origins, Evolution and Puzzling Irrelevance of Jury Recommendations in Second-Degree Murder Sentencing Micah B. Rankin Abstract: Section 745 of the Criminal Code is currently the only area of Canadian sentencing law that contemplates a role for juries. It grants... Continue reading
Posted May 18, 2015 at Juries
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An Iowa judge has dismissed a 112 person jury pool (venire) because it lacked sufficient diversity. In this case, an African-American defendant is on trial for killing his white girlfriend. Of the 112 potential jurors summoned, 111 identified as white,... Continue reading
Posted May 13, 2015 at Juries
Here is an interesting story about the questions posed by jurors deciding the James Holmes murder trial. As some are aware, Holmes is accused of killing 12 people in a movie theater in Aurora, Colorado. Colorado is one of the... Continue reading
Posted May 12, 2015 at Juries
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The Jury Wants to Take the Podium -- But Even With the Authority to Do So, Can It? An Interdisciplinary Examination of Jurors' Questioning of Witnesses at Trial Mitch Frank Abstract: This article analyzes the current state of jury questioning,... Continue reading
Posted May 8, 2015 at Juries
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The article below discusses the efforts by the judge in the Boston Marathon Bombing trial to provide counseling to the jurors hearing the case. One interesting aspect of the article is the method by which the judge is providing the... Continue reading
Posted May 6, 2015 at Juries
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Patrick J. Bayer Randi Hjalmarsson Shamena Anwar Politics in the Courtroom: Political Ideology and Jury Decision Making Abstract: This paper uses data from the Gothenburg District Court in Sweden and a research design that exploits the random assignment of politically... Continue reading
Posted May 4, 2015 at Juries
Below is an article about deaf jurors serving in Detroit. The article raises several interesting points that I had not previously given much thought to. First, the process of deliberations is different when one of the jurors is deaf (in... Continue reading
Posted Apr 29, 2015 at Juries
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Mitch Frank Osvaldo Morera Trial Jurors and Variables Influencing Why They Return the Verdicts They Do - A Guide for Practicing and Future Trial Attorneys Abstract: This is the third of a trilogy of articles based on a 204-question survey... Continue reading
Posted Apr 29, 2015 at Juries
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New Book by Laura Appleman Defending the Jury: Crime, Community, and the Constitution Abstract: This book sets forth a new approach to twenty-first-century criminal justice and punishment, an approach that fully involves the community and provides a better way to... Continue reading
Posted Apr 27, 2015 at Juries
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Richard Lempert The American Jury System: A Synthetic Overview Abstract: This essay, originally written for a Swiss volume, and revised with added material for publication in the Chicago Kent Law Review, is intended to provide in brief compass a review... Continue reading
Posted Apr 21, 2015 at Juries
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Simon Stern Forensic Oratory and the Jury Trial in Nineteenth-Century America Abstract: The institution of the jury underwent radical change in the United States during the nineteenth century. At the beginning of the century, the jury trial was a form... Continue reading
Posted Apr 20, 2015 at Juries
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Markus Dubber The Schizophrenic Jury and Other Palladia of Liberty: A Critical Historical Analysis Abstract: The jury’s history is interestingly schizophrenic, even paradoxical. On one side is the history of the jury as palladium of liberty, often along with other... Continue reading
Posted Apr 16, 2015 at Juries
Although I am hesitant to draw any direct correlation between the McVeigh and Tsarnaev trials, I nevertheless think it is interesting to read about a juror's experience on a high-profile capital case. Marshall Project: Juror No. 5 Continue reading
Posted Apr 13, 2015 at Juries
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Matthew Reid Krell What You Bring to the Courthouse: The Interaction between Racial Context and Jury Awards Abstract: Despite the hurdles required to overcome selection effects in analyzing trial results, scholars have studied the effect of judicial ideology and juror... Continue reading
Posted Apr 9, 2015 at Juries
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A judge recently held that a juror's inappropriate tweets during trial were not sufficient grounds to overturn a defendant's criminal conviction for murder. The key point for the judge is that the juror did not tweet about facts in the... Continue reading
Posted Apr 6, 2015 at Juries
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Robert Patterson Reviving the Civil Jury Trial: Implementing Short, Summary, and Expedited Trial Programs Abstract: Civil jury trials are disappearing. In all courts, both state and federal, there is a decline in both the percentage of cases that go to... Continue reading
Posted Apr 2, 2015 at Juries
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Michael Pfautz What Would a Reasonable Jury Do? Jury Verdicts Following Summary Judgment Reversals Abstract: This Note examines the claim that judges have improperly granted summary judgment where a reasonable jury could find for the nonmoving party. It begins by... Continue reading
Posted Mar 31, 2015 at Juries
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Jenny Carroll The Jury as Democracy Abstract: Almost from the moment the law is set to paper, it is shaped and refined through acts of interpretation and discretion. Police and prosecutors choose which cases to investigate, which to charge and... Continue reading
Posted Mar 29, 2015 at Juries
The Volokh Conspiracy has an interesting article discussing why mandatory jury service works but mandatory voting does not. Why mandatory jury service is a poor justification for mandatory voting Continue reading
Posted Mar 27, 2015 at Juries
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Kathryne Young Outing Batson: How the Case of Gay Jurors Reveals the Shortcomings of Modern Voir Dire Abstract: Although scholarly attention has been devoted to the argument that Batson v. Kentucky should apply to gay and lesbian jurors, little or... Continue reading
Posted Mar 24, 2015 at Juries
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Judge Mark Bennett Unspringing the Witness Memory and Demeanor Trap: What Every Judge and Juror Needs to Know About Cognitive Psychology and Witness Credibility Abstract: The soul of America’s civil and criminal justice systems is the ability of jurors and... Continue reading
Posted Mar 22, 2015 at Juries
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Andrew S. Polis Trying the Trial Abstract: Lawyers routinely make strategic advocacy choices that reflect directly, if inferentially, on the credibility of their clients’ claims and defenses. But courts have historically been reluctant to admit evidence of litigation conduct, sometimes... Continue reading
Posted Mar 20, 2015 at Juries