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Thaddeus Hoffmeister
Professor
Recent Activity
Sun-Sentinel: Ex-juror facing misconduct allegations to try to avoid jail sentence at Thursday's hearing Continue reading
Posted 2 days ago 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 3 days ago 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 5 days ago at Juries
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Regina Schuller Caroline Erentzen The Challenge for Cause Procedure in Canadian Criminal Law Abstract: There is a longstanding presumption in Canadian law that jurors will act impartially in carrying out their duties, but this presumption may be challenged when the... Continue reading
Posted May 19, 2016 at Juries
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The New Jersey Law Journal has an interesting article (Allow Convicted Felons to Serve on Juries) examining felons and the reform efforts currently underway around the country to limit the collateral punishments imposed on them. For example, several jurisdictions are... Continue reading
Posted May 17, 2016 at Juries
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The American Society of Trial Consultants is holding its annual conference May 19-21 in Redondo Beach, CA. To register for the conference go here. A description of the conference can be found below. Join us in dynamic Redondo Beach, California,... Continue reading
Posted May 11, 2016 at Juries
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For those who have access to the ABA Litigation News, I highly recommend an article written by Judge Mark A. Drummond entitled Do-It-Yourself Jury Surveys. The article discusses creating a post-trial juror survey and the value it can provide. Continue reading
Posted May 5, 2016 at Juries
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The U.S. Supreme Court has granted cert in Dietz v. Bouldin. The question before the high court is whether, after a judge has discharged a jury from service in a case and the jurors have left the judge's presence, the... Continue reading
Posted May 5, 2016 at Juries
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Anyone familiar with the jury selection process knows that it can be somewhat tedious. With this in mind, the District Clerk in Harris County, Texas thought that it might be a good idea to liven up the wait by bringing... Continue reading
Posted May 5, 2016 at Juries
Posted May 2, 2016 at Juries
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The Tennessean: Nashville Juror's Objection on Race Leads to New Trial Continue reading
Posted Apr 26, 2016 at Juries
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ABC News: California Jurors Misusing the Internet Could Face Fines Continue reading
Posted Apr 24, 2016 at Juries
NJ.com: Defense in death penalty case says secret jury unfair to defendant Continue reading
Posted Apr 22, 2016 at Juries
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Robert P. Burns Abstract: Descriptive and normative discussions of whether the jury trial is or should be a political institution are complicated by the systematic ambiguity of the most important terms in this discussion. One influential perspective understands a political... Continue reading
Posted Apr 21, 2016 at Juries
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Here is a humorous piece from the New Yorker that describes the various excuses put forward during the author's alleged attempt to avoid jury duty. The New Yorker: All the Excuses that Didn't Work to Get me Out of Jury... Continue reading
Posted Apr 20, 2016 at Juries
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Kendall Meredith Knight Abstract: In 1868, the Fourteenth Amendment to the United States Constitution was passed stating that no state shall deprive “any person of life, liberty, or property, without due process of law; nor deny to any person within... Continue reading
Posted Apr 19, 2016 at Juries
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Joshua P. Davis Shannon Wheatman Cristen Stephansky Writing Better Jury Instructions: Antitrust as an Example Abstract: Understanding the law is difficult. Getting juries to understand the law is more difficult. Yet we provide evidence that it can be done, even... Continue reading
Posted Apr 14, 2016 at Juries
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In Verlo v. Martinez, the 10th Circuit Court of Appeals upheld an injunction issued by a federal district court that struck down an earlier state court ban prohibiting peaceful pamphleteering in front of a Denver state courthouse. The pamphlets in... Continue reading
Posted Apr 12, 2016 at Juries
The Indiana Supreme Court in Wall v. Indiana has granted a husband and wife, who were both convicted of manslaughter, new trials because an alternate juror participated in deliberations. Apparently, this juror not only participated but also became very involved... Continue reading
Posted Apr 11, 2016 at Juries
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The SCT has agreed to hear the case of Pena Rodriguez v. Colorado. The issue in Pena Rodriguez is whether a no-impeachment rule constitutionally may bar evidence of racial bias offered to prove a violation of the Sixth Amendment right... Continue reading
Posted Apr 6, 2016 at Juries
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The Washington Post is running a series of Op-Ed articles on jury nullification. The first article is available here. Below is the line-up of writers who will be submitting articles. Clay Conrad, criminal law attorney and author of “Jury Nullification:... Continue reading
Posted Apr 5, 2016 at Juries
The federal judge handling the patent infringement case between Oracle and Google instructed both parties that if they plan to investigate jurors they would have to inform jurors of this fact before the start of the trial. Apparently, this ruling... Continue reading
Posted Apr 2, 2016 at Juries
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Matthew Aglialoro Criminalization of Juror Misconduct Arising from Social Media Use This Essay analyzes criminalization as an alternative solution to juror misconduct arising from social media use, where jury instructions fail to prevent such misconduct. Despite the lack of scholarship... Continue reading
Posted Apr 1, 2016 at Juries
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Ben Trachtenberg One More Call to Respect the Time of Grand Jurors Abstract: This Article replies briefly to the robust response that Professor Frank O. Bowman III submitted in answer to my earlier contribution to the Missouri Law Review’s symposium... Continue reading
Posted Mar 30, 2016 at Juries
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More Grand Jury Reforms Here is the latest example of a state attempting to improve how grand juries deal with officer-involved shootings. In this case it is Georgia which recently passed HB 941. This new bill, which awaits the governor's... Continue reading
Posted Mar 29, 2016 at Juries