Improving Jury Deliberations Through Jury Instructions Based on Cognitive Science
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Crosby K. Before the Criminal Justice and Courts Act 2015: Juror Punishment in Nineteenth- and Twentieth-Century England. Legal Studies 2015 DOI: 10.1111/Lest.12098
Crosby K. Before the Criminal Justice and Courts Act 2015: Juror Punishment in Nineteenth- and Twentieth-Century England. Legal Studies 2015 DOI: 10.1111/lest.12098 Copyright: This is the peer reviewed version of the above article, which has been published in final form at http://dx.doi.org/10.1111/lest.12098. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Self-Archiving. Date deposited: 27/07/2015 Embargo release date: 21 December 2017 Newcastle University ePrints - eprint.ncl.ac.uk Before the Criminal Justice and Courts Act 2015: Juror Punishment in Nineteenth- and Twentieth- Century England Kevin Crosby* The Criminal Justice and Courts Act 2015 has created several new offences regarding juror misconduct. While this legislation has been passed in response to jurors accessing improper ‘evidence’ online, it is wrong to treat juror misconduct as a new problem. The most famous case on this topic (Bushell’s Case) did not completely prohibit juror punishment, but the rhetorical force of the decision was such that penal practices have until recently been overlooked in the academic literature. This article argues that assessing the new offences is greatly helped by understanding how juror misconduct has been responded to in the past. Drawing on the language of Bushell’s Case itself, as well as new archival research, it argues that previous practices of juror punishment have largely depended on whether particular instances of misconduct related to the juror’s ‘ministerial’ or ‘judicial’ functions; and that ‘judicial’ offences (those relating to verdict formation) have been much less likely to be punished. -
Can Jury Instructions Have an Impact on Trial Outcomes?
The author(s) shown below used Federal funding provided by the U.S. Department of Justice to prepare the following resource: Document Title: Can Jury Instructions Have an Impact on Trial Outcomes? Author(s): Mona Lynch, Emily Shaw Document Number: 300717 Date Received: April 2021 Award Number: 2017-IJ-CX-0044 This resource has not been published by the U.S. Department of Justice. This resource is being made publically available through the Office of Justice Programs’ National Criminal Justice Reference Service. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Award Number: 2017-IJ-CX-0044 Can Jury Instructions Have an Impact on Trial Outcomes? Mona Lynch (Principal Investigator) Department of Criminology, Law, and Society 2340 Social Ecology II University of California, Irvine Irvine CA 92697-7080 (949) 824-0047 [email protected] Emily Shaw (Graduate Research Assistant) Department of Psychological Science University of California, Irvine Irvine CA 92697-7080 [email protected] Award Recipient Organizational Address: The Regents of the University of California Irvine Office of Research 5171 California Avenue, Suite 150 Irvine, CA 92697-7600 Project period: 01/01/2018-07/31/2020 Award amount: $489,085 This project was supported by Grant No. 2017- IJ-CX-0044 awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the authors and do not necessarily represent the official position or policies of the US Department of Justice. -
Virginia Model Jury Instructions – Criminal
Virginia Model Jury Instructions – Criminal Release 20, September 2019 NOTICE TO USERS: THE FOLLOWING SET OF UNANNOTATED MODEL JURY INSTRUCTIONS ARE BEING MADE AVAILABLE WITH THE PERMISSION OF THE PUBLISHER, MATTHEW BENDER & COMPANY, INC. PLEASE NOTE THAT THE FULL ANNOTATED VERSION OF THESE MODEL JURY INSTRUCTIONS IS AVAILABLE FOR PURCHASE FROM MATTHEW BENDER® BY WAY OF THE FOLLOWING LINK: https://store.lexisnexis.com/categories/area-of-practice/criminal-law-procedure- 161/virginia-model-jury-instructions-criminal-skuusSku6572 Matthew Bender is a registered trademark of Matthew Bender & Company, Inc. Instruction No. 2.050 Preliminary Instructions to Jury Members of the jury, the order of the trial of this case will be in four stages: 1. Opening statements 2. Presentation of the evidence 3. Instructions of law 4. Final argument After the conclusion of final argument, I will instruct you concerning your deliberations. You will then go to your room, select a foreperson, deliberate, and arrive at your verdict. Opening Statements First, the Commonwealth's attorney may make an opening statement outlining his or her case. Then the defendant's attorney also may make an opening statement. Neither side is required to do so. Presentation of the Evidence [Second, following the opening statements, the Commonwealth will introduce evidence, after which the defendant then has the right to introduce evidence (but is not required to do so). Rebuttal evidence may then be introduced if appropriate.] [Second, following the opening statements, the evidence will be presented.] Instructions of Law Third, at the conclusion of all evidence, I will instruct you on the law which is to be applied to this case. -
Death Penalty Instructions to Jurors: Still Not Comprehensible After All These Years Gail Stygall University of Washington
Death penalty instructions to jurors: still not comprehensible after all these years Gail Stygall University of Washington Abstract. This paper describes and analyzes the unrevised, current state of death penalty pattern jury instructions in the state of Washington. With com- parisons to the Vndings of the Capital Jury Project, this study examines why the death penalty instructions are even more diXcult than the ordinary, diXcult to understand US pattern jury instructions. The concept of mitigation presents par- ticular problems, with jurors misunderstanding the instruction, misapplying it or ignoring it. As mitigation is the alternative to aggravation and a death penalty verdict, this problem is critical. In addition, as Judith Levi (1993) found in the Illinois death penalty pattern jury instructions, the instructions in general point to a default position for death. Washington’s pattern jury instructions for death penalty cases are as diXcult to comprehend as both pattern jury instructions in general and death penalty instructions in particular. Keywords: Jury instructions, juror comprehension, death penalty, mitigation, United States, Washington State. Resumo. Este artigo descreve e analisa o estado atual, e não revisado, de mod- elos de instrução do Júri, em casos de pena de morte, no Estado de Washington. Estabelecendo uma comparação com os resultados do “Capital Jury Project”, este estudo analisa porque as instruções fornecidas ao Júri, em casos envolvendo pena de morte, nos Estados Unidos, são ainda mais difíceis de se entender que as nor- mais, que já são difíceis. O conceito de mitigação apresenta problemas especíVcos, sendo as instruções fornecidas a este respeito mal interpretadas, não aplicadas ou ignoradas. -
Pattern Criminal Federal Jury Instructions for the Seventh Circuit
Pattern Criminal Federal Jury Instructions for the Seventh Circuit The Committee on Federal Criminal Jury Instructions for the Seventh Circuit drafted these proposed pattern jury instructions. The Seventh Circuit Judicial Council, on November 30, 1998, approved these instructions in principle and authorized their publication for use in the Seventh Circuit. The Judicial Council wishes to express its gratitude to the judges and lawyers who have worked so long and hard to make a contribution to our system of criminal justice. TABLE OF CONTENTS INTRODUCTORY INSTRUCTIONS ............................................1 1.01 THE FUNCTIONS OF THE COURT AND THE JURY ........................2 1.02 THE EVIDENCE ..................................................3 1.03 TESTIMONY OF WITNESSES (DECIDING WHAT TO BELIEVE) ......4 1.04 WEIGHING THE EVIDENCE-INFERENCES .........................5 1.05 DEFINITION OF “DIRECT” AND “CIRCUMSTANTIAL” EVIDENCE ...6 1.06 WHAT IS NOT EVIDENCE .........................................7 1.07 ATTORNEY INTERVIEWING WITNESS ............................8 1.08 PARTY OTHER THAN AN INDIVIDUAL ............................9 1.09 NUMBER OF WITNESSES ........................................10 1.10 REMINDER OF VOIR DIRE OBLIGATIONS ........................11 2.01 THE CHARGE - THE INDICTMENT .....................................12 2.02 LESSER INCLUDED OFFENSE ....................................13 2.03 PRESUMPTION OF INNOCENCE - BURDEN OF PROOF .............15 2.04 DEFINITION OF REASONABLE DOUBT ...........................16 2.05 -
Gekekal Statutes
' ,0~~.0 X-^t-^ GEKEKAL STATUTES OF THE STATE OF MINNESOTA: REVISED BY. COMMISSIONERS APPOINTED UNDER AN ACT APPROVED FEBRUARY 17, 1863, AND ACTS SUBSEQUENT THERETO, AMENDED BY THE LEGISLATURE, AND PASSED AT THE SESSION OF 1866. TO WHICH THE CONSTITUTION OF THE UNITED STATES, THE ORGANIC ACT, THE ACT AUTHORIZING A STATE GOVERNMENT, AND THE CONSTITUTION OF THE STATE OF MINNESOTA, ARE PREFIXED ; AND A LIST OF ACTS PREVIOUSLY REPEALED, A GLOSSARY, AND INDEX, ARE ADDED. «II»II» Edited and. Ihiblished under the authority of Chapters 15 and 16 of the Laws of 1866. «!•«••» ST. PAUL. PUBLISHED BY DAVIDSON & HALL, STATE PRINTERS, 170 THIRD STREET. 1872. MINNESOTA STATUTES 1866 114.] ISSUES AND MODE OP TRIAL. 655 c EAPTEE CXIT./^^ % ISSUES AND MODE OP TRIAL, r jC v SECTION SECTION " 1. Issue of fact arises, when. 14. What papers jury may take on retiring for 2. Shall be tried by jury. deliberation. > 3. Trial had in absence of defendant, when. 15 Jury may return into court for information 4. Continuance may be granted. concerning law or testimony. 5. Court may order defendant to bo committed. 16. Jury may be discharged, if one falls sick. 6. Separate trial in case of two or more defend- 17. Cause may be tried second time, when. ants allowed, when. 18. "What verdict jury may find in certain cases. 7. One joint defendant may be discharged to be 19. Jury may render verdict as to part of several witness for the state. defendants. 8. Defendant may be discharged to be witness for 20. Jury may be polled. -
The Role of Race in Jury Impartiality and Venue Transfers Darryl K
Maryland Law Review Volume 53 | Issue 1 Article 5 The Role of Race in Jury Impartiality and Venue Transfers Darryl K. Brown Follow this and additional works at: http://digitalcommons.law.umaryland.edu/mlr Part of the Constitutional Law Commons Recommended Citation Darryl K. Brown, The Role of Race in Jury Impartiality and Venue Transfers, 53 Md. L. Rev. 107 (1994) Available at: http://digitalcommons.law.umaryland.edu/mlr/vol53/iss1/5 This Article is brought to you for free and open access by the Academic Journals at DigitalCommons@UM Carey Law. It has been accepted for inclusion in Maryland Law Review by an authorized administrator of DigitalCommons@UM Carey Law. For more information, please contact [email protected]. THE ROLE OF RACE IN JURY IMPARTIALITY AND VENUE TRANSFERS DARRYL IL BROWN* I. INTRODUCrION A. Two Cases in Point In 1990, Washington, D.C., Mayor Marion Barry was indicted on fourteen charges of drug possession and perjury arising from a federal investigation that yielded a videotape of Barry smoking crack cocaine in Washington's Vista Hotel.1 Barry and his attorney chose not to seek a change of venue for the trial, despite overwhelming pretrial public- ity about the case that included constant replays of the incriminating videotape on local television stations.2 The jury, drawn from the Dis- trict and comprised mostly of African Americans,3 convicted Barry, an African American, of only one misdemeanor possession charge-not the one arising from the videotape.4 The verdict was generally viewed as a victory for the defendant.' * Staff Attorney, University of Georgia School of Law Legal Aid Clinic. -
Pattern Criminal Jury Instructions for the District Courts of the First Circuit)
UNITED STATES DISTRICT COURT DISTRICT OF MAINE 2019 REVISIONS TO PATTERN CRIMINAL JURY INSTRUCTIONS FOR THE DISTRICT COURTS OF THE FIRST CIRCUIT DISTRICT OF MAINE INTERNET SITE EDITION Updated 6/24/19 by Chief District Judge Nancy Torresen PATTERN CRIMINAL JURY INSTRUCTIONS FOR THE FIRST CIRCUIT Preface to 1998 Edition Citations to Other Pattern Instructions How to Use the Pattern Instructions Part 1—Preliminary Instructions 1.01 Duties of the Jury 1.02 Nature of Indictment; Presumption of Innocence 1.03 Previous Trial 1.04 Preliminary Statement of Elements of Crime 1.05 Evidence; Objections; Rulings; Bench Conferences 1.06 Credibility of Witnesses 1.07 Conduct of the Jury 1.08 Notetaking 1.09 Outline of the Trial Part 2—Instructions Concerning Certain Matters of Evidence 2.01 Stipulations 2.02 Judicial Notice 2.03 Impeachment by Prior Inconsistent Statement 2.04 Impeachment of Witness Testimony by Prior Conviction 2.05 Impeachment of Defendant's Testimony by Prior Conviction 2.06 Evidence of Defendant's Prior Similar Acts 2.07 Weighing the Testimony of an Expert Witness 2.08 Caution as to Cooperating Witness/Accomplice/Paid Informant 2.09 Use of Tapes and Transcripts 2.10 Flight After Accusation/Consciousness of Guilt 2.11 Statements by Defendant 2.12 Missing Witness 2.13 Spoliation 2.14 Witness (Not the Defendant) Who Takes the Fifth Amendment 2.15 Definition of “Knowingly” 2.16 “Willful Blindness” As a Way of Satisfying “Knowingly” 2.17 Definition of “Willfully” 2.18 Taking a View 2.19 Character Evidence 2.20 Testimony by Defendant -
Two Ideals of Jury Deliberation Jeffrey Abramson [email protected]
University of Chicago Legal Forum Volume 1998 | Issue 1 Article 6 Two Ideals of Jury Deliberation Jeffrey Abramson [email protected] Follow this and additional works at: http://chicagounbound.uchicago.edu/uclf Recommended Citation Abramson, Jeffrey () "Two Ideals of Jury Deliberation," University of Chicago Legal Forum: Vol. 1998: Iss. 1, Article 6. Available at: http://chicagounbound.uchicago.edu/uclf/vol1998/iss1/6 This Article is brought to you for free and open access by Chicago Unbound. It has been accepted for inclusion in University of Chicago Legal Forum by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. Two Ideals of Jury Deliberation Jeffrey Abramsont Several recent works of political theory have put forward a model of democracy that gives deliberation, and popular participation in deliberation, a central place in resolving moral disagreements among citizens.' Rather than shunting moral disputes as irresolvable or leaving their solution to the courts, theorists of democratic deliberation have argued that disputes over fundamental moral values have a place in politics and that citizens motivated by mutual respect toward their opponents or similar constraints can reason publicly to attain justifiable conclusions. As philosophers Amy Gutmann and Dennis Thompson put it, the "core idea" behind deliberative democracy is simple: even "when citizens or their representatives disagree morally, they should continue to reason together to reach mutually acceptable decisions." 2 When asked to give a practical example of such deliberation, deliberative democracy theorists often cite the jury as an institution that embodies the ideal of using collective reasoned discussion to attain a common verdict. -
Federal Rule of Evidence 606(B) and the Constitutional Right to a Fair Trial
SMU Law Review Volume 38 Issue 5 Article 3 1984 Challenge to the Decisionmaking Process - Federal Rule of Evidence 606(b) and the Constitutional Right to a Fair Trial Peter N. Thompson Follow this and additional works at: https://scholar.smu.edu/smulr Recommended Citation Peter N. Thompson, Challenge to the Decisionmaking Process - Federal Rule of Evidence 606(b) and the Constitutional Right to a Fair Trial, 38 SW L.J. 1187 (1984) https://scholar.smu.edu/smulr/vol38/iss5/3 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. CHALLENGE TO THE DECISIONMAKING PROCESS-FEDERAL RULE OF EVIDENCE606(b) AND THE CONSTITUTIONAL RIGHT TO A FAIR TRIAL by Peter N. Thompson * INCE Lord Mansfield's day courts have jealously guarded the secrecy of jury deliberations by a competency rule limiting juror testimony on post-trial motions for new trial. Although courts cite the interest in juror privacy--encouraging free and robust debate and avoiding juror har- assment-as justification for the rule, the primary concern is to ensure the finality of jury verdicts. Recent studies,I as well as published opinions, doc- ument the obvious, that lay jurors frequently discuss improper matters in the jury room and base their decisions in part on improper considerations. Thus, too close a look at jury deliberations will reveal improprieties in a large number of cases, damaging the finality and public acceptance of jury verdicts. -
State of Maryland V. Karon Sayles, No. 15, September Term, 2020; State of Maryland V
State of Maryland v. Karon Sayles, No. 15, September Term, 2020; State of Maryland v. Bobby Jamar Johnson, No. 16, September Term, 2020; State of Maryland v. Dalik Daniel Oxely, No. 17, September Term, 2020 JURY NULLIFICATION – JURY QUESTIONS – SUPPLEMENTAL JURY INSTRUCTIONS – PREJUDICE – Court of Appeals held that, despite circumstance that jury nullification sometimes occurs, jury nullification is not authorized in Maryland and jury does not have right to engage in nullification. No case, statute, or rule in Maryland authorizes or gives juries right to engage in jury nullification, i.e., there is no grant of authority permitting jury to utilize nullification. Court of Appeals reiterated that Maryland case law makes clear that it is improper for attorney to argue jury nullification to jury, and that jury instructions on law are binding and trial courts must advise juries as much. On request, during voir dire, trial court must ask whether any prospective jurors are unwilling or unable to comply with jury instructions concerning certain fundamental principles. In addition, legally inconsistent verdicts and verdict resulting from jury nullification are comparable because both involve circumstances in which jury acts contrary to trial court’s instructions as to proper application of law and both are impermissible. Court of Appeals held that, taken together, these principles of law lead to conclusion that jury nullification is not authorized in Maryland and jury may be so advised. Although jury may have inherent ability to nullify and Court recognized that jury nullification occurs, jury does not have right to engage in jury nullification. Rather, in Maryland, jury is required to determine facts and render verdict based on instructions provided to it by trial court. -
An Overview of Significant Findings from The
AN OVERVIEW OF SIGNIFICANT FINDINGS FROM THE CAPITAL JURY PROJECT AND OTHER EMPIRICAL STUDIES OF THE DEATH PENALTY RELEVANT TO JURY SELECTION, PRESENTATION OF EVIDENCE AND JURY INSTRUCTIONS IN CAPITAL CASES JOHN H. BLUME CORNELL LAW SCHOOL 110 MYRON TAYLOR HALL ITHACA, NY 14853-4901 (607) 255-1030 [email protected] FALL 2008 Introduction The Capital Jury Project Studies--and other less comprehensive empirical and mock juror studies--provide extraordinarily useful information for lawyers involved in capital litigation. In this memorandum, I will provide an overview of selected, significant empirical findings, and, in some instances, offer suggestions as to how these findings may be used by capital defense lawyers. There is a temptation to ignore these studies, in part because some of the information contained in them is not encouraging or goes against the “conventional wisdom.” I am convinced, however, that we are better off confronting the information, and making fresh assessments about appropriate responses. This is not to say that there aren’t methodological problems with some of these studies, nor is it to deny that any individual study fail to capture the complexity of capital litigation. But there is valuable information here, particularly about what can go wrong, and what can be done to avoid some well-established pitfalls. I hope that this memorandum will facilitate the discussion and implementation of creative strategies leading to more effective representation of both clients facing the death penalty and those who have been sentenced to death. Additionally, if you have ideas for empirical research projects in your state that may be of interest to the Cornell Death Penalty Project, please do not hesitate to contact me.