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Thaddeus Hoffmeister
Professor
Recent Activity
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While I have heard stories about jurors suffering PTSD from the graphic testimony introduced at trial, I have never heard of a juror actually suing for the harm suffered. Mark Farrant of Toronto, Canada has done just that. He has... Continue reading
Posted yesterday at Juries
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New Mexico Juror Orientation Video A New Mexico Juror Orientation Video was published on Youtube on February 8, 2018. It features testimonials from several former jurors who describe their experiences. On of those jurors speaks in Spanish and uses an... Continue reading
Posted 6 days ago at Juries
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Here is the government's motion requesting an anonymous jury for noted drug lord El Chapo. Here is the defense's response. Below are two articles discussing why the federal judge granted the government's motion. N.Y. Times: El Chapo Jurors Will Be... Continue reading
Posted 7 days ago at Juries
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Recently, the ABA Criminal Justice section unanimously passed Resolution 108D, which was co-sponsored by the National LGBT Bar Association. Resolution 108D urges courts to extend Batson protections to sexual orientation and gender identity/expression. Most courts do not extend Batson this... Continue reading
Posted Feb 6, 2018 at Juries
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Iris Blandon-Gitlin California State University, Fullerton Amelia Mindthoff Florida International University (FIU) - College of Arts & Sciences Abstract In recognition of the role that false confessions play in wrongful convictions, it has been recommended that criminal interrogations be video... Continue reading
Posted Feb 5, 2018 at Juries
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United States v. Riesbeck The United States Court of Appeals for the Armed Forces released an opinion in United States v. Riesbeck on January 23, 2018. Mr. Riesbeck opted for a jury trial. He was tried and convicted by a... Continue reading
Posted Feb 2, 2018 at Juries
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In a somewhat ironic twist, the organization representing state district attorneys in Oregon is throwing its weight behind a state ballot measure that would require unanimous juries for criminal convictions. Oregon and Louisiana are the only two jurisdictions in the... Continue reading
Posted Jan 27, 2018 at Juries
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Pennsylvania’s Mock Trial Competition In the January/February 2018 edition of The Pennsylvania Lawyer there was an article titledThe Benefits of Participation in the Mock Trial Competition. The article describes a competition put on by the Young Lawyers Division of the... Continue reading
Posted Jan 26, 2018 at Juries
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I am not sure if this is a growing trend but here is the second recent example of "divine intervention" during jury deliberations. While many people pray to God prior to making significant life decisions, few come out and say... Continue reading
Posted Jan 24, 2018 at Juries
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Margaret Lewis Abstract International human rights law does not demand lay participation in criminal trials. The International Covenant on Civil and Political Rights provides that “everyone shall be entitled to a fair and public hearing by a competent, independent and... Continue reading
Posted Jan 16, 2018 at Juries
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In a 6-3 unsigned decision, the SCT in Keith Tharpe v. Eric Sellers remanded Tharpe's case back to the 11th Circuit Court of Appeals so that it could reconsider whether he was eligible for a Certificate of Appealability. The SCT... Continue reading
Posted Jan 9, 2018 at Juries
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Brittany Deitch The Unconstitutionality of Criminal Jury Selection Abstract The criminal defendant’s right to a jury trial is enshrined within the U.S. Constitution as a protection for the defendant against arbitrary and harsh convictions and punishments. The jury trial has... Continue reading
Posted Jan 8, 2018 at Juries
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The January Civil Jury Newsletter is now available. Continue reading
Posted Jan 5, 2018 at Juries
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Helping Jurors Succeed The New Jersey Law Journal published an article on December 18, 2017 titled Helping Jurors Succeed. The article was written by Jefferey M. Pollock who is an attorney that specializes in complex litigation and appellate practice. One... Continue reading
Posted Jan 5, 2018 at Juries
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The article below was written by a federal prosecutor who recently served on a civil jury. What I found interesting about the article is how the jury bonded during their time together. Apparently, food played a big role. ABAJournal.com: During... Continue reading
Posted Jan 5, 2018 at Juries
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For those unfamiliar with Corrine Brown, she is a congresswoman from Florida convicted of fraud charges last May in federal court. Apparently, one of the jurors who sat on her case was removed during deliberations because he informed other jurors... Continue reading
Posted Jan 3, 2018 at Juries
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According to the article below, Texas is following the growing trend around the country and sentencing fewer criminal defendants to the death penalty. This trend is most evident in Bexar County which includes San Antonio. expressnews.com: Report: Bexar County juries... Continue reading
Posted Jan 2, 2018 at Juries
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Here is Professor Bellin's op-ed on the impact of peremptory challenges on minority jurors. The op-ed recently appeared in the USA Today. USA Today: It's still too easy to push blacks, minorities off of juries Continue reading
Posted Dec 27, 2017 at Juries
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Kevin Crosby Newcastle Law School Before the Criminal Justice and Courts Act 2015: Juror Punishment in Nineteenth- and Twentieth-Century England Abstract The Criminal Justice and Courts Act 2015 has created several new offences regarding juror misconduct. While this legislation has... Continue reading
Posted Dec 27, 2017 at Juries
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Niamh Howlin Abstract Contemporary legal practitioners and academics are familiar with the use of juries in criminal trials. To a lesser extent, the use of juries in civil actions, although a rarity in 21st century Ireland, is recognised as having... Continue reading
Posted Dec 21, 2017 at Juries
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In People v. Boone, which came out this week, the NY state high court instructed lower courts that criminal defendants if they so desire can request a jury instruction on the unreliability of cross-witness identification. Other states with similar rules... Continue reading
Posted Dec 16, 2017 at Juries
The Wall Street Journal (discussed in the ABA Journal) has an article examining whether technology makes it increasingly difficult for jurors to stay awake in court. I, for one, believe that the Internet has re-engineered our brains to a certain... Continue reading
Posted Dec 11, 2017 at Juries
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Jury Clerk Writes to Dog KRCG TV reported on December 1, 2017 a humorous holiday story. The Christian County, Missouri Circuit Court received a damaged juror questionnaire with a note that read, "Sorry for the damage, the dog thought it... Continue reading
Posted Dec 9, 2017 at Juries
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Niamh Howlin Abstract Roger Casement’s arrest, detention, trial and execution have been continually re-examined over the past century. There has been endless speculation over the use made of the so-called Black Diaries to discredit him and scupper his chances of... Continue reading
Posted Nov 30, 2017 at Juries
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The article below discusses the efforts of Cecil Thomas, a state senator from Ohio, to expand and diversify the jury rolls in the Buckeye State. Senator Thomas has introduced legislation (SB 200) to require Ohio counties to use both voter... Continue reading
Posted Nov 19, 2017 at Juries