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Thaddeus Hoffmeister
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This past Monday Supreme Court Justice Sonia Sotomayor was at NYU Law School to discuss the American jury. The event was part of an ongoing assessment by the Civil Jury Project to examine the current state of the civil jury... Continue reading
Posted 3 days ago at Juries
Niamh Howlin The Politics of Jury Trial in Nineteenth Century Ireland Abstract: This article considers aspects of lay participation in the Irish justice system, focusing on some political dimensions of the trial jury in the nineteenth century. It then identifies... Continue reading
Posted 3 days ago at Juries
Annabelle Lever Democracy, Epistemology and the Problem of All-White Juries Abstract: Does it matter that almost all juries in England and Wales are all-White? Does it matter, even if this result is the unintended and undesired result of otherwise acceptable... Continue reading
Posted Feb 4, 2016 at Juries Senator Claire McCaskill is Live Tweeting Jury Duty Just Like Me Continue reading
Posted Jan 26, 2016 at Juries
Thomas G. Waterman Iowa Supreme Court Mark W. Bennett U.S. District Court (Northern District of Iowa) David C. Waterman Attorney A Fresh Look at Jurors Questioning Witnesses: A Review of Eighth Circuit and Iowa Appellate Precedents and an Empirical Analysis... Continue reading
Posted Jan 19, 2016 at Juries
Judges Overriding Jurors (Podcast) Sticking with the the theme from yesterday, here is another audio or podcast discussing how Alabama law allows judges to override jury decision making in capital cases. This practice may eventually go the way of the... Continue reading
Posted Jan 14, 2016 at Juries
Here is the NPR audio report on this week's 8-1 SCT opinion (Hurst v. Florida) striking down Florida's death sentencing system. To access the actual opinion go here. Continue reading
Posted Jan 13, 2016 at Juries
Mathilde Cohen The French Case for Requiring Juries to Give Reasons. Safeguarding Defendants or Guarding the Judges? Abstract: This chapter provides a descriptive and analytical examination of the requirement for lay jurors to give reasons for their decisions. In the... Continue reading
Posted Jan 12, 2016 at Juries
Scott Peterson, who is now on Death Row, recently filed his appeal in which he argued among other things (his appeal is 278 pages) that his conviction should be overturned because of a stealth juror that sat on his jury.... Continue reading
Posted Jan 6, 2016 at Juries
As some are aware, six Baltimore police officers are facing criminal charges in the death of Freddy Gray. The first trial, which involved Officer William Porter, resulted in a mistrial. The judge handling the case encouraged the dismissed jurors to... Continue reading
Posted Jan 4, 2016 at Juries
Frank Bowman Vox Populi: Robert McCulloch, Ferguson, and the Roles of Prosecutors and Grand Juries in High-Profile Cases Abstract: The decisions of St. Louis County Prosecuting Attorney Robert McCulloch during the grand jury investigation of the shooting of Michael Brown... Continue reading
Posted Dec 30, 2015 at Juries
It looks like at least one Illinois judge has found fault with the recently enacted state law that permits 6-person civil juries. According to Cook County Associate Judge William Gomolinski, who found the law unconstitutional, it takes a constitutional amendment,... Continue reading
Posted Dec 26, 2015 at Juries
Nathan Chapman The Jury's Constitutional Judgment Abstract: Despite the early American jury’s near-mythical role as a check on overreaching government agents, the contemporary jury’s role in constitutional adjudication remains opaque. Should the jury have the right to nullify criminal statutes... Continue reading
Posted Dec 23, 2015 at Juries
Last week, a Florida judge declared a mistrial in a second degree murder trial after jurors became concerned about whether their personal information would be available to the public. It started when one juror, while in open court, asked the... Continue reading
Posted Dec 14, 2015 at Juries
KUTA: A day in the life of a potential juror in the 1st Freddie Gray trial Continue reading
Posted Dec 7, 2015 at Juries
Amir Seyedfarshi Binding Bellwether Trials in Multidistrict Litigation and the Right to Jury Trial Abstract: Multidistrict litigation encompasses today a wide variety of litigations from mass torts to human rights violations. The increasing number of cases in multidistrict litigation has... Continue reading
Posted Dec 4, 2015 at Juries
NPR has an interesting story on anonymous jurors in the context of the Freddie Gray trial in Baltimore. Continue reading
Posted Nov 30, 2015 at Juries
This is the latest salvo in an ongoing dispute between Judge Olu Stevens and the Kentucky Prosecutor who represents the greater Louisville area, Tom Wine. As some will recall, Judge Stevens dismissed an empanelled jury last year because it had... Continue reading
Posted Nov 21, 2015 at Juries
Jennifer S. Hunt Race, Ethnicity and Culture in Jury Decision Making Abstract: This article reviews a growing body of social science research indicating that race, ethnicity, and culture can influence the judgments and behaviors of juries. The first section addresses... Continue reading
Posted Nov 12, 2015 at Juries
The oral arguments for Foster v. Chatman are finally available on the Oyez web site. To hear the oral argument go here. Continue reading
Posted Nov 9, 2015 at Juries
Yesterday, Foster v. Chatman was argued before the SCOTUS. Here is a link to the transcripts of the oral argument. To know more about Chatman go here. Continue reading
Posted Nov 3, 2015 at Juries
Today, the SCT is hearing oral argument in Foster v. Chatman which examines the lingering issue of race based peremptories. Below are several good articles examining the case. Atlantic: "When Is It Constitutional to Purge Black Jurors?" NY Times: How... Continue reading
Posted Nov 2, 2015 at Juries
Interesting article on Foster v. Chatman in the Atlantic. The article ("When Is It Constitutional to Purge Black Jurors?") provides a brief overview of how the SCT, some thirty years after deciding Batson v. Kentucky, continues to struggle with Batson's... Continue reading
Posted Oct 28, 2015 at Juries
This is the question being presented before the Kentucky Supreme Court. The issue arose after Judge Olu Stevens of the Jefferson Circuit Court dismissed an empanelled jury that contained no African-Americans. According to Judge Olu Stevens, “[t]here is not a... Continue reading
Posted Oct 24, 2015 at Juries
Here is a link to a Motion in Limine filed by an attorney representing one of the police officers charged in the Freddy Gray case. For those interested in learning more about the jury issues that arise in high profile... Continue reading
Posted Oct 23, 2015 at Juries