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Thaddeus Hoffmeister
Professor
Recent Activity
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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 2 days ago at Juries
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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 6 days ago at Juries
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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 7 days ago at Juries
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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
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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
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In U.S. v. Ryan P. Collins, the defendant was found guilty after trial of receiving and distributing child pornography, 18 U.S.C. § 2252(a)(2), and possessing child pornography. Prior to sentencing the defendant, the trial judge polled the jurors and 11... Continue reading
Posted Jul 13, 2016 at Juries
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Professor Suja Thomas has a new book out entitled, the Missing American Jury. Here is a brief description of the book. Criminal, civil, and grand juries have disappeared from the American legal system. Over time, despite their significant presence in... Continue reading
Posted Jul 13, 2016 at Juries
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Renee Lettow Lerner How the Creation of Appellate Courts in England and the United States Limited Judicial Comment on Evidence to the Jury Abstract: The practice of judicial comment on the evidence has traditionally been the main form of jury... Continue reading
Posted Jul 12, 2016 at Juries
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The Massachusetts Supreme Judicial Court recently issued an opinion (Commonwealth v. Dwayne Moore) in which it attempted to add some clarity to the rules governing post-trial contact with jurors. Continue reading
Posted Jul 8, 2016 at Juries
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Vida Johnson Arresting Batson: How Striking Jurors Based on Arrest Records Violated Batson Abstract: Almost thirty years ago, in Batson v. Kentucky, the United States Supreme Court held that prosecutors could not strike prospective jurors on account of the jurors’... Continue reading
Posted Jul 6, 2016 at Juries
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Here is an interesting article from an Ohio newspaper that describes the local grand jury process in Summit County. What I find so interesting about the article is the involvement of the prosecutor's office. Like many jurisdictions, the Summit County... Continue reading
Posted Jul 5, 2016 at Juries
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Professor Stacey Steele of the University of Melbourne has recently reviewed Dimitri Vanoverbeke's book on Juries in the Japanese Legal System: The Continuing Struggle for Citizen Participation and Democracy. Here is an excerpt of the review. Vanoverbeke has produced an... Continue reading
Posted Jul 5, 2016 at Juries
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A juror in New Jersey has to complete 20 hours of Community Service because she conducted online research and then shared her findings with other jurors. The judge in the case also declared a mistrial based on the juror's actions.... Continue reading
Posted Jul 3, 2016 at Juries
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Minnesota Public Radio: Juror pay to double starting next week Unfortunately, this only means that jurors will now get $20 a day plus 54 cents per mile to the courthouse. On the bright side, Minnesota also reimburses jurors up to... Continue reading
Posted Jul 1, 2016 at Juries
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Joshua Lee Sohn Specialized Juries for Patent Cases: An Empirical Proposal Abstract: This Article proposes that patent litigation could be greatly improved by trying complex patent cases before specialized juries, composed of individuals who are skilled in the art that... Continue reading
Posted Jun 27, 2016 at Juries
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Renee Lettow Lerner The Troublesome Inheritance of Americans in Magna Carta and Trial by Jury Abstract: Many Americans insisted on their traditional rights as Englishmen in the conflict with Britain before and after declaring independence. Magna Carta — particularly the... Continue reading
Posted Jun 23, 2016 at Juries
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Aliza Plener Cover Abstract: The Supreme Court’s inquiry into the constitutionality of the death penalty has overlooked a critical “objective indicator” of society’s “evolving standards of decency”: the rate at which citizens are excluded from capital jury service under Witherspoon... Continue reading
Posted Jun 16, 2016 at Juries
In Dietz v. Bouldin, the SCT in a 6-2 opinion held that "[a] federal district court has a limited inherent power to rescind a jury discharge order and recall a jury in a civil case for further deliberations after identifying... Continue reading
Posted Jun 13, 2016 at Juries
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Valerie Hans Nancy Marder Introduction to Juries and Mixed Tribunals Across the Globe: New Developments, Common Challenges and Future Directions Abstract: English Abstract: The introduction to the special issue describes the goals of the conference on Juries and Mixed Tribunals... Continue reading
Posted Jun 10, 2016 at Juries
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Suja Thomas The Missing Branch of the Jury Abstract: Over time, the criminal, civil, and grand juries have declined in power. Cost, incompetence, inaccuracy, and inefficiency are often cited as the reasons for this fall. Recognizing that authority that formerly... Continue reading
Posted Jun 3, 2016 at Juries
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The changes listed below were due in large part to Jefferson County Circuit Court Judge Olu Stevens who drew the ire of local prosecutors for dismissing non-diverse jury pools. Proposed changes Changes in the works at the state level by... Continue reading
Posted Jun 1, 2016 at Juries
Sun-Sentinel: Ex-juror facing misconduct allegations to try to avoid jail sentence at Thursday's hearing Continue reading
Posted May 26, 2016 at Juries
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Marie Comiskey Abstract: This article explores the potential of the decision tree (also referred to as a flow-chart, “Route to Verdict” or question-trail) to improve the legal comprehension of jurors in criminal trials. It examines why the decision tree has... Continue reading
Posted May 25, 2016 at Juries
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Today, the SCT released its opinion in Foster v. Chatman. Here is a brief summary of the opinion taken from the ABA's Criminal Justice Section. Summary: The Court held that the Georgia Supreme Court's holding that there was no purposeful... Continue reading
Posted May 23, 2016 at Juries