and apply the governing legal principles to the facts of the case; and (3) jurors are obliged to determine the legal consequences of the the process of group litigants’ behavior through deliberation and then publicly announce their verdict. A of the facts, the juror’s understanding testimony, especially complex or technical testimony, and the applicable laws is key. Lawyers and their clients both lose by having uninformed, bored, or disengaged jurors. The 2005 report noted that courts have found that questions may ABA’s “[j]uror-inspired serve to advance the search for truth by alleviating uncertainties in the minds, clearing up juror’s confusion, or alerting the attorneys to points that bear further elaboration.” The First Circuit even believed it arguable that question-asking juror will be a more “a attentive juror.” Questioning could also provide better results when jurors are confronted with a complex case, complicated evidence, or unclear testimony. The Colorado Supreme Court appointed a committee on jury reform and authorized a statewide pilot study to evaluate the effects of juror questioning in criminal trials. Professor Mary Dodge of the Graduate School of Public Affairs at the University of Colorado at Denver prepared a summary of the findings of the pilot study The Dodge Report (the “Dodge Report”). noted that results of the research indicate that allowing jurors to ask questions at trial will “[t]he have positive effects with few The procedure did not appear to cause any detrimental results.” to the lawyers or the witnesses, and the only in the “harm” “worst fears” were realized exceptional case. Some of the major conclusions of the Dodge Report were: Actual experience with juror questions at trial increases support from judges and attorneys on the benefits of the procedure; Juror questions do not overly influence verdicts; Juror questions do not cause excessive or unreasonable time delays; Juror questions do not influence a decision to testify; defendant’s Juror questions do not appear to create prejudice to either party; Jurors will submit improper questions, but the screening procedures employed by judges generally are effective in eliminating troublesome inquiries; Jurors do not react negatively when their questions are declined; Jurors appear to be more engaged, attentive, and empowered when allowed to ask questions at trial; Jurors show more favorable reactions to the trial process when allowed to ask questions;
and apply the governing legal principles to the facts of the case; and (3) jurors are obliged to determine the legal consequences of the litigants’ behavior through the process of group deliberation and then publicly announce their verdict. A juror’s understanding of the facts, the testimony, especially complex or technical testimony, and the applicable laws is key. Lawyers and their clients both lose by having uninformed, bored, or disengaged jurors. The ABA’s 2005 report noted that courts have found that “[j]uror-inspired questions may serve to advance the search for truth by alleviating uncertainties in the juror’s minds, clearing up confusion, or alerting the attorneys to points that bear further elaboration.” The First Circuit even believed it arguable that “a question-asking juror will be a more attentive juror.” Questioning could also provide better results when jurors are confronted with a complex case, complicated evidence, or unclear testimony. The Colorado Supreme Court appointed a committee on jury reform and authorized a statewide pilot study to evaluate the effects of juror questioning in criminal trials. Professor Mary Dodge of the Graduate School of Public Affairs at the University of Colorado at Denver prepared a summary of the findings of the pilot study (the “Dodge Report”). The Dodge Report noted that “[t]he results of the research indicate that allowing jurors to ask questions at trial will have positive effects with few detrimental results.” The procedure did not appear to cause any “harm” to the lawyers or the witnesses, and the “worst fears” were realized only in the exceptional case. Some of the major conclusions of the Dodge Report were: Actual experience with juror questions at trial increases support from judges and attorneys on the benefits of the procedure; Juror questions do not overly influence verdicts; Juror questions do not cause excessive or unreasonable time delays; Juror questions do not influence a defendant’s decision to testify; Juror questions do not appear to create prejudice to either party; Jurors will submit improper questions, but the screening procedures employed by judges generally are effective in eliminating troublesome inquiries; Jurors do not react negatively when their questions are declined; Jurors appear to be more engaged, attentive, and empowered when allowed to ask questions at trial; Jurors show more favorable reactions to the trial process when allowed to ask questions;
1373479557_31_1_1_9_resolution_summary.authcheckdam.docx