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Thaddeus Hoffmeister
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Podcast: Stepping in ‘Bull’: Another trial consultant & I discuss this ridiculous and harmful show. Click here for podcast, Stepping in ‘Bull’ CBS launched a new show from the apparently forgetful mind of Dr. Phil, that pretends to be about... Continue reading
Posted 7 days ago at Juries
CBS has a new tv show entitled Bull which airs tonight at 9. Apparently, the show is based on the early career of Dr. Phil McGraw. Yes, the same Dr. Phil from Oprah. Here is the write up of the... Continue reading
Posted Sep 20, 2016 at Juries
The NY Times has an article about Pena-Rodriguez v. Colorado, a case currently before the U.S. Supreme Court. As some may recall, Pena-Rodriguez involves racial bias in the jury deliberation room. The specific issue before the high court in Pena-Rodriguez... Continue reading
Posted Sep 20, 2016 at Juries
Laura Appleman Nickel and Dimed into Incarceration: Cash-Register Justice in the Criminal System Abstract: Criminal justice debt has aggressively metastasized throughout the criminal system. A bewildering array of fees, fines, court costs, non-payment penalties, and high interest rates have turned... Continue reading
Posted Sep 14, 2016 at Juries
Ann Eisenberg Removal of Women and African-Americans in Jury Selection in South Carolina Capital Cases, 1997-2012 Abstract: The Supreme Court’s May 2016 decision in Foster v. Chatman involved smoking-gun evidence that the State of Georgia discriminated against African-Americans in jury... Continue reading
Posted Sep 9, 2016 at Juries
In at least one South Carolina courtroom, the answer to that question is "no." According to the Rock Hill Herald, a South Carolina judge denied a challenge for cause for a female juror who appeared for jury service wearing a... Continue reading
Posted Sep 1, 2016 at Juries
The article below discusses using big data to both summon the jury venire and select jurors during voir dire. The article cites a recent law review article by Professor Andrew Ferguson entitled The Big Data Jury. Can data mining... Continue reading
Posted Aug 31, 2016 at Juries
The article below discusses the various ways in which jurors could use virtual and augmented reality to decide the factual disputes before them. Virtual Reality Robots Could Help Teleport Juries to Crime Scenes Continue reading
Posted Aug 30, 2016 at Juries
Dmitry Bam Restoring the Civil Jury in a World Without Trials Abstract: Early in this nation’s history, the civil jury was the most important institutional check on biased and corrupt judges. Recently, concerns about judicial bias, especially in elected state... Continue reading
Posted Aug 29, 2016 at Juries
The answer to that question appears to be "yes" at least in Michigan. I say appears because an appellate court this month, in People v. Gary Traver, overturned a defendant's firearm convictions because the judge not only gave improper instructions... Continue reading
Posted Aug 22, 2016 at Juries
We hope you can join us on Friday, September 30th, in NYC for a conference bringing together distinguished federal jurists, academics, and practitioners to discuss current issues and trends in how patent jury trials are conducted. The conference, which is... Continue reading
Posted Aug 17, 2016 at Juries
Kirsty Duncanson Emma Henderson Narrative, Theatre and the Disruptive Potential of Jury Directions for Rape Trials Abstract: The Australian state of Victoria has, over the past thirty years, introduced and made numerous reforms to a set of jury directions which... Continue reading
Posted Aug 16, 2016 at Juries
Here is a news article talking about a class action lawsuit challenging juror pay. According to the article, King County pays the minimum -- $10 per day -- a figure that hasn't changed since 1959, when $10 had the modern-day... Continue reading
Posted Aug 12, 2016 at Juries
NY Times: Trial by Jury, A Hallowed American Tradition, Is Vanishing Continue reading
Posted Aug 8, 2016 at Juries
ABA Journal: Delaware death-penalty law violates right to jury, state supreme ... Below is an excerpt from Rauf v. Delaware which struck down the state's death penalty statute. In this case, we are asked to address important questions regarding the... Continue reading
Posted Aug 3, 2016 at Juries How Slow Motion Video Footage Misleads Jurors Continue reading
Posted Aug 3, 2016 at Juries
Michael D. Cicchini Lawrence T. White Testing the Impact of Criminal Jury Instructions: A Conceptual Replication Abstract: The Constitution protects us from criminal conviction unless the state can prove guilt beyond a reasonable doubt. However, many of our nation’s trial... Continue reading
Posted Aug 2, 2016 at Juries
In State v. Khalid Mohammed, the New Jersey Supreme Court upheld the criminal conviction of a defendant despite the fact that a juror apparently dozed during the pre-trial instructions, which apparently were inconsequential. While this case does not break any... Continue reading
Posted Aug 1, 2016 at Juries
Rebecca McEwen John Eldridge Judges, Juries and Prejudicial Publicity: Lessons from Empirical Legal Scholarship Abstract: The criminal justice system has long held the view that judges are more capable than jurors of disregarding inadmissible prejudicial material. One consequence of this... Continue reading
Posted Jul 30, 2016 at Juries
Unlike the United States, no deaf person has ever served on a jury in Australia. Today, the Australian high court will hear a case involving Gaye Lyons who was prevented from sitting on a jury because she is deaf. After... Continue reading
Posted Jul 25, 2016 at Juries
Peter Joy Kevin McMunigal Racial Discrimination and Jury Selection Abstract: In an effort to eliminate a long history of racial discrimination in jury selection, the U.S. Supreme Court held in Batson v. Kentucky, 476 U.S. 79 (1986), that jurors cannot... Continue reading
Posted Jul 21, 2016 at Juries
As some may know, an attorney cannot use a peremptory challenge to remove a juror because of the juror's race or gender. To do otherwise would be a violation of Batson and its progeny. Right now, NJ is considering legislation... Continue reading
Posted Jul 20, 2016 at Juries
Jordan Gross Let the Jury Fit the Crime: Increasing Native American Jury Pool Representation in Federal Judicial Districts with Indian Country Criminal Jurisdiction Abstract: Federal law allocates jurisdiction to prosecute and punish crimes committed in Indian country based on the... Continue reading
Posted Jul 19, 2016 at Juries
Judge Alsup's Approach to Online Juror Research It appears that Judge Alsup has revitalized the debate about online juror research. Apparently, Judge Alsup believes that if lawyers want to research jurors prior to trial they have to inform jurors of... Continue reading
Posted Jul 18, 2016 at Juries
The folks at Radiolab have a new podcast on Batson v. Kentucky entitled Object Anyway. The podcast provides a history of Batson and the modern day implications of the Supreme Court's 1986 ruling. The podcast focuses less on the law... Continue reading
Posted Jul 16, 2016 at Juries