court should follow a procedure for questions to prevent jury misconduct. at 726 (warning that Id. judge should ask any juror-generated questions, and he or she should do so only after “the allowing attorneys to raise any objection out of the hearing of the jury”). The court also noted that structured juror questioning in a civil trial poses even fewer” risks than in a “properly criminal trial. Id. The Third Circuit recognized in that there are arguments for and against Hernandez allowing jurors to submit questions for witnesses. The best argument in favor of jury questioning is that it helps jurors clarify factual confusions and understand as much of the facts and issues as possible so that they can reach an appropriate verdict. On the other hand, allowing jurors to ask questions may risk turning them into advocates and compromising their neutrality. See United 47 F.3d 511 (2d Cir. 1995). In this regard, it is not appropriate to allow jurors to States v. Bush, ask questions that appear to suggest a view about the merits of the case.
court should follow a procedure for questions to prevent jury misconduct. Id. at 726 (warning that “the judge should ask any juror-generated questions, and he or she should do so only after allowing attorneys to raise any objection out of the hearing of the jury”). The court also noted that “properly structured juror questioning in a civil trial poses even fewer” risks than in a criminal trial. Id. The Third Circuit recognized in Hernandez that there are arguments for and against allowing jurors to submit questions for witnesses. The best argument in favor of jury questioning is that it helps jurors clarify factual confusions and understand as much of the facts and issues as possible so that they can reach an appropriate verdict. On the other hand, allowing jurors to ask questions may risk turning them into advocates and compromising their neutrality. See United States v. Bush, 47 F.3d 511 (2d Cir. 1995). In this regard, it is not appropriate to allow jurors to ask questions that appear to suggest a view about the merits of the case.
1_Chaps_1_2_3_2017_March_.docx