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Thaddeus Hoffmeister
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Samuel Newton Abstract The Colorado Method of capital jury selection is a widely-embraced strategy defense attorneys use in voir dire, in which attorneys rank each juror exclusively on the likelihood that the juror will vote for life or death. The... Continue reading
Posted Apr 5, 2021 at Juries
Daniel Harawa Abstract Juries have deliberated in secret since medieval times. The historical reason for the secrecy is that it promotes impartiality, which in turn protects a defendant’s right to a fair trial. But as it turns out, jurors are... Continue reading
Posted Mar 24, 2021 at Juries
In an effort to create more diverse juries, a Connecticut legislator has introduced legislation to remove the wait for convicted felons to serve and allow permanent legal residents to serve. The bill also increases juror pay. The proposals in the... Continue reading
Posted Jan 13, 2021 at Juries
This article examines the jury questionnaire used in the prosecution of the police officers responsible for George Floyd's death. Get Their Views in Advance: Lessons from the Juror Questionnaire in the George Floyd Murder/Manslaughter Trial Continue reading
Posted Jan 4, 2021 at Juries
Steven Friedland Abstract In 1990, the Northwestern University Law Review published The Competency and Responsibility of Jurors in Deciding Cases, 85 Nw. U. L. Rev.190 (1990). The Article conceptualized the jury “as a democratic representative of the community through its... Continue reading
Posted Dec 28, 2020 at Juries
New York DA Vacates Convictions After Trial Prosecutor’s Notes Show Shameful Misconduct The New York Jewish daily newspaper Hamodia reports that Bryce Benjet, the Queens County conviction-integrity chief, found a fellow prosecutor’s notes to be a cheat sheet of prejudices,... Continue reading
Posted Dec 18, 2020 at Juries
Following in the footsteps of Washington, California has passed a new law that will make it more difficult for attorneys to exercise peremptory challenges improperly. Pursuant to Assembly Bill 3070, lawyers challenged on their use of a peremptory challenge will... Continue reading
Posted Dec 15, 2020 at Juries
Brooks Holland Abstract This article, an invited paper for the Louisiana Law Review's 2020 We the Jury symposium, examines the bias dichotomy in jury selection. On the one hand, the law seeks to identify and remove jurors with explicit or... Continue reading
Posted Dec 11, 2020 at Juries
Adam Steinman Abstract In federal civil litigation, decisionmaking power is shared by juries, trial courts, and appellate courts. This article examines an unresolved tension in the different doctrines that allocate authority among these institutions, which has led to confusion regarding... Continue reading
Posted Dec 1, 2020 at Juries
Jasmine B. Gonzales Rose Abstract Every week brings a new story about racialized linguistic discrimination. It happens in restaurants, on public transportation, and in the street. It also happens behind closed courtroom doors during jury selection. While it is universally... Continue reading
Posted Nov 26, 2020 at Juries
In a surprise move, U.S. District Judge Ann Donnelly of Brooklyn granted the prosecution's request to make the jurors in the upcoming R. Kelly racketeering trial anonymous. Generally speaking, anonymous juries are reserved for cases where jurors may feel threatened... Continue reading
Posted Nov 23, 2020 at Juries
Anna Offit Abstract The American jury system holds the promise of bringing commonsense ideas about justice to the enforcement of the law. But its democratizing effect cannot be realized if a segment of the population faces systematic exclusion based on... Continue reading
Posted Nov 22, 2020 at Juries
Anna Offit Abstract Discrimination during voir dire remains a critical impediment to empaneling juries that reflect the diversity of the United States. While various solutions have been proposed, scholars have largely overlooked ethics rules as an instrument for preventing discriminatory... Continue reading
Posted Oct 23, 2020 at Juries
Alexis Hoag Abstract The right to an impartial jury and the right to serve on a jury are defining aspects of the American legal system. However, this nation has yet to fully make good on these guarantees to African Americans.... Continue reading
Posted Oct 5, 2020 at Juries
Allison Lantero Abstract The job of a prosecutor is to both “do justice” and advocate for the state. Our justice system ensures that they are able to perform this dual duty free from public criticism through the doctrines of prosecutorial... Continue reading
Posted Sep 27, 2020 at Juries
Philadelphia DA Says Livestreamed Trials Pose Dangers to Witnesses (and Jurors?) The Philadelphia County Court of Common Pleas recently announced it was launching a YouTube channel where, at a judge's discretion, trials could be streamed for any member of the... Continue reading
Posted Sep 18, 2020 at Juries
Melanie D. Wilson Abstract While the deadly and highly contagious COVID-19 virus rages across the country, courts are resuming criminal jury trials. In moving forward, judges reference case backlogs, speedy trial rights, and concern for the rights of the accused.... Continue reading
Posted Sep 11, 2020 at Juries
Juries: Last Week Tonight with John Oliver (HBO) John Oliver takes a look at why people of color are routinely excluded from becoming jurors, who their absence impacts, and what we can do to create a fairer system. Continue reading
Posted Sep 8, 2020 at Juries
California Legislature Approves Bill Changing Evidentiary Standards in Batson Challenge Hearings Governor Gavin Newsom will decide whether to approve or veto new legislation that, among other things, would change the criteria by which a judge decides whether a peremptory strike... Continue reading
Posted Sep 4, 2020 at Juries
Justin D. Rattey Abstract This article begins from the realization that there are at least two jury rights: the individual right of the criminal defendant, and the collective right of the community to adjudicate allegedly criminal behavior. Those two rights... Continue reading
Posted Aug 17, 2020 at Juries
Thomas Frampton Abstract Peremptory strikes, and criticism of the permissive constitutional framework regulating them, have dominated the scholarship on race and the jury for the past several decades. But we have overlooked another important way in which the American jury... Continue reading
Posted Aug 6, 2020 at Juries
Defendants in an asbestos trial recently filed a motion for mistrial claiming that the online voir dire process was flawed. According to the defendants, many jurors were either absent or distracted during voir dire. The distractions ranged from jurors working... Continue reading
Posted Jul 24, 2020 at Juries
I have not seen the actual motion but according to media reports, federal prosecutors in the R. Kelly case are calling for an anonymous jury. There are a number of reasons why this is a bad idea. The one that... Continue reading
Posted Jul 13, 2020 at Juries
Michael Conklin Abstract A previous study found that the effects of the prosecutor’s fallacy can be minimized if juries are presented with a Bayesian jury instruction. This study examines whether a similar instruction can likewise combat the more pervasive defense... Continue reading
Posted Jun 29, 2020 at Juries
At present, New Jersey obtains its jurors from registered voters, licensed drivers, filers of State gross income tax returns and filers of homestead rebate or credit application forms. Assemblywoman Shavonda Sumter is trying to expand this list with her bill... Continue reading
Posted Jun 16, 2020 at Juries