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Thaddeus Hoffmeister
Professor
Recent Activity
Michael Heyman Lost in Translation: Criminal Jury Trials in the United States Abstract: Two features of the jury instructions in the Trayvon Martin case combined to make acquittal a virtual certainty: The court's failure to instruct the jury on the... Continue reading
Posted 4 days ago at Juries
The article below examines the challenge of ensuring juror honesty during voir dire. I believe more and more attorneys will turn to investigating and monitoring jurors. Today's digital world has made it fairly easy to research someone's background. The Tennessean:... Continue reading
Posted 5 days ago at Juries
Ralph Bryant The Summary Jury Solution -- Restoring the Seventh Amendment's Constitutional Checks and Balances Protection to the Summary Judgment Procedure in Federal Court Abstract: The strength of the United States Constitution lies not only in its delegation of powers... Continue reading
Posted 6 days ago at Juries
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Andrew Jurs Expert Prevalence, Persuasion and Price: What Trial Participants Really Think About Experts Abstract: The importance of expert witnesses to modern litigation is clear, but the lack of reliable data about experts and their effectiveness in court is remarkable.... Continue reading
Posted Jun 26, 2015 at Juries
Atlantic: Reasonable Doubts About the Jury System Continue reading
Posted Jun 24, 2015 at Juries
Posted Jun 24, 2015 at Juries
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Eric Ghosh Judicial Reference to Community Values – a Pointer Toward Constitutional Juries? Abstract: The practice of justifying judicial decisions by reference to consensual community values, which are distinguished from ordinary public opinion, has occurred in a number of jurisdictions... Continue reading
Posted Jun 23, 2015 at Juries
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Sarah French Russell Jury Sentencing and Juveniles: Eighth Amendment Limits and Sixth Amendment Rights Abstract: Across the country, states are grappling with how to comply with the U.S. Supreme Court’s recent decision in Miller v. Alabama, which held that mandatory... Continue reading
Posted Jun 22, 2015 at Juries
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In Warden v. Ayala the Supreme Court reversed and remanded the decision of the Ninth Circuit Court of Appeals. The Court held that any federal constitutional error that may have occurred by excluding Ayala’s attorney from part of a Batson... Continue reading
Posted Jun 18, 2015 at Juries
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R.A. Duff Legal Reasoning,Good Citizens and the Criminal Law Abstract: As part of a larger project on the various roles that citizens of a democratic polity may be called on to play in relation to the criminal law, I discuss... Continue reading
Posted Jun 17, 2015 at Juries
FOX 13 Tampa Bay: Juror sentenced for researching murder case before verdict Oregon Live: Judge refuses to declare mistrial because of juror's Google search ... WSYR: Neulander hearing delayed: Juror cell phone being examined For more blog posts about jurors... Continue reading
Posted Jun 12, 2015 at Juries
3 Jurors Dismissed from Aurora Shooting Trial The article below highlights the challenges of keeping jurors sitting on a high profile trial away from outside information about the case. Here, one of the jurors was informed by her husband that... Continue reading
Posted Jun 10, 2015 at Juries
This is worth mentioning because judges generally err on the side of allowing an anonymous jury. ABC News: Judge Rejects Anonymity in Federal Cyberstalking Trial Continue reading
Posted Jun 9, 2015 at Juries
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Daniel H. Foote Citizen Participation: Appraising the Saiban'in System Abstract: Of the many reforms affecting the Japanese judiciary that were undertaken in connection with the recommendations of the Justice System Reform Council, one reform above all attracted widespread public attention:... Continue reading
Posted Jun 8, 2015 at Juries
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Jeffrey Abramson Four Models of Jury Democracy Abstract: This article proposes a theory of “representative deliberation” to describe the democratic ideal that jurors seek to practice. Given its long history, the jury does not fit neatly into any one of... Continue reading
Posted Jun 3, 2015 at Juries
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SCT Grants Cert. in Another Batson Case: Foster v. Humphrey The issue in Foster v. Humphrey, a death penalty case involving a Black defendant, a White victim and an all-White jury is whether the Georgia courts erred in failing to... Continue reading
Posted Jun 2, 2015 at Juries
Here is a list and brief description of the articles in the latest edition of the Jury Expert which is published by the American Society of Trial Consultants. Does Deposition Video Camera Angle Affect Witness Credibility? by Chris Dominic, Jeffrey... Continue reading
Posted Jun 1, 2015 at Juries
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Richard Taylor At Face Value: Should a Jury Warning About the Risks of Assessing Credibility from Demeanour Be Mandatory In Criminal Jury Trials? Abstract: In E (CA799/2012) v R [2013] NZCA 678 the Court of Appeal directly confronted the issue... Continue reading
Posted May 27, 2015 at Juries
Well, in the Southern District of Florida the criminal conviction is still upheld. In U.S. v. Livoti, a juror named J.D. responded to a jury summons to sit on the criminal trial of Anthony Livoti. After being selected, J.D., along... Continue reading
Posted May 22, 2015 at Juries
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Vida B. Johnson Presumed Fair? Voir Dire on the Fundamentals of Our Criminal Justice System Abstract: The American criminal justice system is built on three bedrock principles: the presumption of innocence, the burden of proof, and the standard of proof... Continue reading
Posted May 21, 2015 at Juries
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The Origins, Evolution and Puzzling Irrelevance of Jury Recommendations in Second-Degree Murder Sentencing Micah B. Rankin Abstract: Section 745 of the Criminal Code is currently the only area of Canadian sentencing law that contemplates a role for juries. It grants... Continue reading
Posted May 18, 2015 at Juries
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An Iowa judge has dismissed a 112 person jury pool (venire) because it lacked sufficient diversity. In this case, an African-American defendant is on trial for killing his white girlfriend. Of the 112 potential jurors summoned, 111 identified as white,... Continue reading
Posted May 13, 2015 at Juries
Here is an interesting story about the questions posed by jurors deciding the James Holmes murder trial. As some are aware, Holmes is accused of killing 12 people in a movie theater in Aurora, Colorado. Colorado is one of the... Continue reading
Posted May 12, 2015 at Juries
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The Jury Wants to Take the Podium -- But Even With the Authority to Do So, Can It? An Interdisciplinary Examination of Jurors' Questioning of Witnesses at Trial Mitch Frank Abstract: This article analyzes the current state of jury questioning,... Continue reading
Posted May 8, 2015 at Juries
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The article below discusses the efforts by the judge in the Boston Marathon Bombing trial to provide counseling to the jurors hearing the case. One interesting aspect of the article is the method by which the judge is providing the... Continue reading
Posted May 6, 2015 at Juries