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Thaddeus Hoffmeister
Professor
Recent Activity
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Richard Lempert The American Jury System: A Synthetic Overview Abstract: This essay, originally written for a Swiss volume, and revised with added material for publication in the Chicago Kent Law Review, is intended to provide in brief compass a review... Continue reading
Posted 5 days ago at Juries
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Simon Stern Forensic Oratory and the Jury Trial in Nineteenth-Century America Abstract: The institution of the jury underwent radical change in the United States during the nineteenth century. At the beginning of the century, the jury trial was a form... Continue reading
Posted 6 days ago at Juries
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Markus Dubber The Schizophrenic Jury and Other Palladia of Liberty: A Critical Historical Analysis Abstract: The jury’s history is interestingly schizophrenic, even paradoxical. On one side is the history of the jury as palladium of liberty, often along with other... Continue reading
Posted Apr 16, 2015 at Juries
Although I am hesitant to draw any direct correlation between the McVeigh and Tsarnaev trials, I nevertheless think it is interesting to read about a juror's experience on a high-profile capital case. Marshall Project: Juror No. 5 Continue reading
Posted Apr 13, 2015 at Juries
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Matthew Reid Krell What You Bring to the Courthouse: The Interaction between Racial Context and Jury Awards Abstract: Despite the hurdles required to overcome selection effects in analyzing trial results, scholars have studied the effect of judicial ideology and juror... Continue reading
Posted Apr 9, 2015 at Juries
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A judge recently held that a juror's inappropriate tweets during trial were not sufficient grounds to overturn a defendant's criminal conviction for murder. The key point for the judge is that the juror did not tweet about facts in the... Continue reading
Posted Apr 6, 2015 at Juries
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Robert Patterson Reviving the Civil Jury Trial: Implementing Short, Summary, and Expedited Trial Programs Abstract: Civil jury trials are disappearing. In all courts, both state and federal, there is a decline in both the percentage of cases that go to... Continue reading
Posted Apr 2, 2015 at Juries
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Michael Pfautz What Would a Reasonable Jury Do? Jury Verdicts Following Summary Judgment Reversals Abstract: This Note examines the claim that judges have improperly granted summary judgment where a reasonable jury could find for the nonmoving party. It begins by... Continue reading
Posted Mar 31, 2015 at Juries
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Jenny Carroll The Jury as Democracy Abstract: Almost from the moment the law is set to paper, it is shaped and refined through acts of interpretation and discretion. Police and prosecutors choose which cases to investigate, which to charge and... Continue reading
Posted Mar 29, 2015 at Juries
The Volokh Conspiracy has an interesting article discussing why mandatory jury service works but mandatory voting does not. Why mandatory jury service is a poor justification for mandatory voting Continue reading
Posted Mar 27, 2015 at Juries
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Kathryne Young Outing Batson: How the Case of Gay Jurors Reveals the Shortcomings of Modern Voir Dire Abstract: Although scholarly attention has been devoted to the argument that Batson v. Kentucky should apply to gay and lesbian jurors, little or... Continue reading
Posted Mar 24, 2015 at Juries
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Judge Mark Bennett Unspringing the Witness Memory and Demeanor Trap: What Every Judge and Juror Needs to Know About Cognitive Psychology and Witness Credibility Abstract: The soul of America’s civil and criminal justice systems is the ability of jurors and... Continue reading
Posted Mar 22, 2015 at Juries
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Andrew S. Polis Trying the Trial Abstract: Lawyers routinely make strategic advocacy choices that reflect directly, if inferentially, on the credibility of their clients’ claims and defenses. But courts have historically been reluctant to admit evidence of litigation conduct, sometimes... Continue reading
Posted Mar 20, 2015 at Juries
Here is the juror questionnaire for the Boston Marathon Bombing trial. The questionnaire, which has 101 questions, was released by the court yesterday. Continue reading
Posted Mar 19, 2015 at Juries
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Neil Vidmar Herbert M. Kritzer Lawyers on Trial: Juror Hostility to Defendants in Legal Malpractice Trials Abstract: In contrast to medical malpractice, legal malpractice is a phenomenon that has attracted little attention from empirically-oriented scholars. This paper is part of... Continue reading
Posted Mar 18, 2015 at Juries
Washington Post: The perils of being the juror who did not want Jodi Arias to die AZCentral.com: Why Arias Juror 17 spared killer's life The Latin Post: Jodi Arias Trial Update News 2015: Holdout Juror Who Voted to Spare Arias'... Continue reading
Posted Mar 17, 2015 at Juries
Below is an interesting article that describes the growth of mock online jurors. Companies that provide online jurors to attorneys include eJury and OnlineVerdict. New Scientist: Lawyers use online juries to test courtroom tactics Continue reading
Posted Mar 16, 2015 at Juries
Here is a statement issued by the local Maricopa County Attorney about the jury process in the Jodi Arias sentencing trial. This statement was made in an effort to tone down some of the speculation and rhetoric about the lone... Continue reading
Posted Mar 12, 2015 at Juries
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Franklin County Municipal Court Judge Amy Salerno was recently reprimanded by the Ohio Supreme Court for her comments to the jury after an acquittal. At the conclusion of a jury trial where the defendant was found not guilty of several... Continue reading
Posted Mar 11, 2015 at Juries
Below is an interesting article by Adam Liptak. In the article, Liptak examines the practice of judges overriding the death penalty decisions of jurors. The article also discusses the possibility that the SCT may examine this practice sometime this term... Continue reading
Posted Mar 9, 2015 at Juries
ABC News: Jurors in Jodi Arias Case Were 11-1 for Death Penalty AZcentral.com: What we know about Arias holdout juror KPHO Phoenix: Juror's husband: 'She felt like she was being assaulted' KTAR: Holdout juror worries for safety after address posted... Continue reading
Posted Mar 6, 2015 at Juries
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Kenneth S. Klein Comparative Jury Procedures: What a Small Island Nation [Malta] Teaches the United States About Jury Reform Abstract: The literature considering various possible procedural reforms to American jury trial practice suffers from a high dose of American Exceptionalism.... Continue reading
Posted Mar 4, 2015 at Juries
ABA Journal: Juror accused of lying about her past is indicted, excused from murder trial Continue reading
Posted Mar 2, 2015 at Juries
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Jeannine Bell Mona Lynch Cross-Sectional Challenges: Gender, Race, and Six-Person Juries Abstract: After two grand juries failed to indict the police officers that killed Michael Brown and Eric Garner in 2014, our nation has engaged in polarizing discussions about how... Continue reading
Posted Mar 2, 2015 at Juries
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A three-judge panel of the First Circuit Court of Appeals has ruled that the trial of Dzhokar Tsarnaev can be held in Boston. Defense attorneys for Tsarnaev had requested a change of venue arguing that because of extensive pre-trial publicity... Continue reading
Posted Feb 28, 2015 at Juries