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Thaddeus Hoffmeister
Professor
Recent Activity
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The answer to that question appears to be "yes" at least in Michigan. I say appears because an appellate court this month, in People v. Gary Traver, overturned a defendant's firearm convictions because the judge not only gave improper instructions... Continue reading
Posted 6 days ago at Juries
We hope you can join us on Friday, September 30th, in NYC for a conference bringing together distinguished federal jurists, academics, and practitioners to discuss current issues and trends in how patent jury trials are conducted. The conference, which is... Continue reading
Posted Aug 17, 2016 at Juries
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Kirsty Duncanson Emma Henderson Narrative, Theatre and the Disruptive Potential of Jury Directions for Rape Trials Abstract: The Australian state of Victoria has, over the past thirty years, introduced and made numerous reforms to a set of jury directions which... Continue reading
Posted Aug 16, 2016 at Juries
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Here is a news article talking about a class action lawsuit challenging juror pay. According to the article, King County pays the minimum -- $10 per day -- a figure that hasn't changed since 1959, when $10 had the modern-day... Continue reading
Posted Aug 12, 2016 at Juries
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NY Times: Trial by Jury, A Hallowed American Tradition, Is Vanishing Continue reading
Posted Aug 8, 2016 at Juries
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ABA Journal: Delaware death-penalty law violates right to jury, state supreme ... Below is an excerpt from Rauf v. Delaware which struck down the state's death penalty statute. In this case, we are asked to address important questions regarding the... Continue reading
Posted Aug 3, 2016 at Juries
Guardian.com: How Slow Motion Video Footage Misleads Jurors Continue reading
Posted Aug 3, 2016 at Juries
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Michael D. Cicchini Lawrence T. White Testing the Impact of Criminal Jury Instructions: A Conceptual Replication Abstract: The Constitution protects us from criminal conviction unless the state can prove guilt beyond a reasonable doubt. However, many of our nation’s trial... Continue reading
Posted Aug 2, 2016 at Juries
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In State v. Khalid Mohammed, the New Jersey Supreme Court upheld the criminal conviction of a defendant despite the fact that a juror apparently dozed during the pre-trial instructions, which apparently were inconsequential. While this case does not break any... Continue reading
Posted Aug 1, 2016 at Juries
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Rebecca McEwen John Eldridge Judges, Juries and Prejudicial Publicity: Lessons from Empirical Legal Scholarship Abstract: The criminal justice system has long held the view that judges are more capable than jurors of disregarding inadmissible prejudicial material. One consequence of this... Continue reading
Posted Jul 30, 2016 at Juries
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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 Jul 25, 2016 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 Jul 21, 2016 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 Jul 20, 2016 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