NCJ Number
93140
Date Published
1981
Length
24 pages
Annotation
The article suggests improvements in the jury system that would broaden the pool from which jurors are drawn and greatly reduce the potential for unfair verdicts.
Abstract
Presentation of witness testimony on videotape during the course of a live trial would improve juror comprehension and take less of the jury's time. Jury instructions can be made more comprehensible; a copy of the charge, in typed or videotaped form, should be present in the jury room; and feedback from jurors should be obtained systematically to gain insight into jurors difficulties. The juror's competence to make a decision is often a problem in the very complex cases of today. A method must be found to make the mass of material involved intelligible to jurors: appointing a special master to assist the jury in Federal courts might help. A rule allowing notetaking by jurors would facilitate resolution of conflicts during deliberation. The burden on jurors could be lessened either by increasing the fees and expenses paid to jurors or expanding the jury pool, reducing the time during which each juror is required to serve, and making waiting time more comfortable and productive. Changes could also be made in the empaneling of pettit juries, especially in the conduct of the voir dire and the use of peremptory challenges. The controversy over voir dire concerns who should conduct the inquiry and whether the judge need be present. Although intended as a means of assuring the elimination of prejudice, peremptory challenges can be used to the opposite end. Jury size and methods for reaching decisions might also be modified: many jurisdictions are now returning to a jury of 12 and unanimity of decision, at least in criminal cases. A bibliography of 74 items is included.