Juries

Latest Edition of the Jur-E Bulletin

Juror’s Remorse?

The Washington Post published an article on February 20, 2018 titled, A juror voted to put a murderer to death. Decades later, he wants to halt his execution. Ross Geiger was Juror No. 2 in the trial of Raymond Tibbetts. Mr. Tibbetts was convicted of murder in 1997, and the jury recommended a death sentence. Mr. Geiger recently began reviewing the case and read a clemency report that was submitted to the parole board. He realized that the report included information about Mr. Tibbits' troubled past that was not included in the sentencing phase of the trial. More importantly, he believes that had the information been included, he would not have voted for a death sentence. Troubled by this information, he sent a letter to Governor John Kasich asking him to commute the sentence.  Gov. Kasich continued the execution until the fall of 2018 to give the parole board time to reconsider the case.  

Lack of Diversity in King County, WA Jury Pools

King County Superior Court Judge Cathy Moore and Deputy Director Anita Khandelwal of the King County Department of Public Defense wrote a guest editorial for the February 19, 2018 edition of The Stranger. The editorial is titledSeattle’s Lack of Jury Diversity Is an Urgent Problem. We Must Do Something About It Now. It is an uncompromising look at the diversity issue with suggestions to mitigate the problem. At least one of the suggestions is controversial. This is an interesting editorial that is worth reading. 

Aspect of Voir Dire Closed to Public

The Daily Sentinel reported on February 21, 2018, that Jefferson County (CO) District Judge Tamara Russell will close voir dire to the public for one aspect of the questioning in the Michael Blagg murder trial. Juror who requested to be excused for hardship or cause will have their matters heard without the public being able to participate. There were 1,000 summonses issued for this case so it is a high-profile case. Katie Townsend, the litigation director for the Reporters Committee for Freedom of Press said:

"Courts have held that where voir dire involves questioning a potential juror about deeply personal matters, for example, there may be a compelling reason that justifies closure of a portion of the voir dire proceeding to the public. But a court is required to make findings justifying any closure of voir dire, and it is critically important that courts follow the right procedures to make sure that the public's rights to attend those proceedings are being safeguarded.”

This is Mr. Blagg’s second trial. The original conviction was reversed due to juror misconduct. It is difficult to know from the limited information provided by the newspaper what the trial judges reasoning was for closing voir dire. 

Trusting Technology Too Much

Catherine Little is a Toronto, Canada professor, consultant and writer, who wrote an opinion piece for the February 22, 2018 edition of the Toronto Star. She has been summoned for jury service three times over the past few decades. In an opinion piece titled, Painful jury selection process erodes faith in ability to reform,she describes her experiences with the jury system. In each occasion that she was summoned, she had a reasonable request for a deferral or excusal. In her past experiences, she was able to promptly get a response from the court. In her most recent experience, she found that communicating with the court in the “internet age” is far more complex than it used to be. This is a short but enlightening piece.

You the Juror 2018

A video titled You the Juror: An Overview of the Jefferson Judicial System was recently uploaded to Youtube. It features an introduction by Chief Judge Glenn B. Ansardi and Jon A. Gegenheimer, Clerk of Court, Jefferson Parish, Louisiana. It is a well-done production and as it was created for a specific jurisdiction, it includes more localized information than most juror orientation videos. For example, it includes information on where to park and how-to validate parking tickets so parking is free. It also notes that employers are required to pay salaries for the first day jurors serve.

Eleven-Year-Old Summoned

The New York posted reported on February 20, 2018 that an 11 year old boy was summoned to jury service in Chester County, PA. When the problem was brought to the attention of the court, it was corrected. The 11 year old, who is a Boy Scout, had previously toured the courthouse. His mother said that he was excited by the prospect of serving. 

Poster Competition for Students Interested in Litigation Science a/k/a Jury Selection

Student Poster Competition To promote student research in the area of litigation science, the Research Committee of the American Society of Trial Consultants (ASTC) is sponsoring a Student Poster Competition at the ASTC Annual Conference. Submit your poster soon! The deadline for submission is April 1st. Click here to download the full call for posters. If you have any questions, please do not hesitate to contact the Research Committee Chair, Tracy Sapkal at[email protected].

Latest Edition of the ASTC Newsletter

Trial Consultants, TV Law, and a Load of Bull

Richard Gabriel takes a close look at the new television show 'Bull' and muses about how the show does and does not represent reality as well as how it may effect perceptions of the justice system by potential jurors (who do watch TV). 

What Television Can Teach Us about Trial Narrative

Stepping back, Richard Gabriel teaches us how television shows (like 'Bull' but certainly not limited to 'Bull') can help us craft more effective courtroom narratives. 

Juries, Witnesses, and Persuasion: A Brief Overview of the Science of Persuasion and Its Applications for Expert Witness Testimony

Rebecca Valez, Tess M.S. Neal, and Margaret Bull Kovera team up to offer a primer on persuasion. What modes of persuasion will work best in the testimony of your expert witness? Then we have trial consultant responses from Jennifer Cox and Stan Brodsky, John Gilleland, and Elaine Lewis and a final reply from the authors. 

Graphics Double Comprehension

Jason Barnes succinctly tells us how graphics can result in your words telling a much more effective story--even doubling comprehension of the listener. 

Making It Moral: How Morality Can Harden Attitudes and Make Them More Influential

Andrew Luttrell offers this intriguing strategy (based on his research) to make attitudes stronger and more influential. Trial consultants Sonia Chopra and Charli Morris react to his work with commentary on how they would use this research in day-to-day litigation advocacy. 

The Hidden Lives of Court Reporters

They are always present and always silent. But what is going on in the minds of those dutiful court reporters as they type everything said in cases ranging from the mundane to the traumatizing? Claire E. Moore, Stanley L. Brodsky, and David Sams talk to court reporters and share their perspectives and coping strategies. 

More Techniques for Uncovering Juror Bias before It’s Too Late

Mykol Hamilton and Kate Zephyrhawke share how to uncover bias in change of venue surveys in criminal cases by using alternate wording for time-honored questions that result in very different answers (and higher bias).  

Editor’s Note: A Double Dose of Bull Secret Weapons, Graphics and the Importance of Words 

We have been tweaking the website ("we" means Brian Patterson in this instance) to streamline publishing and continue to bring you The Jury Expert. And we are back! Lots of content in this issue as you can see above. Settle in, relax, and sharpen your litigation advocacy skills!

Free ASTC Webinar

 

ASTC is Giving Back In the spirit of Giving Tuesday, ASTC would like to give something back.  We are holding a webinar this Thursday, December 1 that is FREE for all members, past members, and potential members. Join us for “Garbage In, Garbage Out: Recruiting Tips to Ensure High Quality Research”.  This webinar is not to be missed!  Charli and Adam are the gold standard when it comes to executing a proper recruit.  The webinar is using a new, jazzy platform that will enhance your viewing experience.  Pre-registration is not required.  The webinar will begin promptly at 2:00 pm Eastern so please login early. Join the webinar using this link: http://tinyurl.com/ASTC-Webinar Login as “Guest” and enter your full name, first and last. You can access the audio through your computer or using the following phone number: (855)248-4382 Here are some helpful tips to improve your webinar experience.

Latest Edition of the Jur-E-Bulletin

Trump Challenges the Jury Selection Process

On November 16, 2016, attorneys for defendants President-Elect Donald J. Trump and Trump University, LLC filed an ex parte motion to require the U.S. District Court for the Southern District of California to provide them with information regarding the jury selection process in the case.  The motion suggests that the court may not be compliant with the Jury Selection and Service Act.  The motion further indicates that the attorneys want to be sure that the panel is a “fair cross section” of the community.  It therefore seeks the following information. 

• process for summoning prospective jurors;
• any lists and identifying information of prospective jurors pre-screened for hardship, excluded for hardship, and prequalified for jury service in this case.
• any questionnaire used or questions asked of the prospective jurors;
• who conducted the screening and criteria used;
• information regarding randomization before and after screening;
• any documents used in the screening process;
• any transcript from the prequalification process; and
• any information provided to jurors regarding the name or nature of the case.

Counsel for the plaintiff’s filed a motion in opposition.  They indicate that the motion is untimely and that the defendant failed to demonstrate “a substantial failure to comply” with the Jury Selection and Service Act.

Midland County, TX Improves Juror Response Rates

News West 9 reported on November 16, 2016 that Midland County, TX has dramatically improved juror response rates with the use of new technology.  Response rates used to be as low as 17% but are now up to 70%.  The county purchased software from Judicial Systems Incorporated, which allows summoned people to complete juror questionnaires and request exemptions online.  County Clerk Ross Bush said, "This new system helps alleviate that problem [the low response rate] because it gives you the freedom, choice and ability to make moves on your own."  The system cost the county $90,000. 

Supreme Court of Georgia Rules on Juror Questions Issue

The Supreme Court of Georgia issued an opinion in Hernandez v. The State on October 17, 2016.  The defendant was convicted of murder and a firearm offense following a jury trial.  At the beginning of the trial, the court told jurors that they would be permitted to submit questions for witnesses in writing to the court.  Using this procedure, the trial court asked more than 70 questions from the jury; the jurors submitted no questions for some witnesses, while the court asked other witnesses more than ten jury questions. Counsel was given an opportunity to review and object to specific questions prior to the court asking them.   Although the defendant objected to the content of a few specific questions, he did not object at trial to the procedure which was utilized.  On appeal, he claimed that the trial court erred by soliciting the jury for questions to ask the witnesses and by asking the witnesses so many jury questions.

The Supreme Court of Georgia determined that prior caselaw permitted the procedure for juror questions which was used in this case.  The Court stated:

Although trial courts must be cautious in soliciting and asking jury questions, particularly in large numbers, we cannot say that the trial court here deviated from the proper procedure or otherwise abused its discretion as to the jury questions that were asked.

A Jur-E bulletin reader who is also a judge in Georgia pointed out to the editor that although not many Georgia trial judges allow for juror questions, some judges were anxiously awaiting this opinion so that they could experiment with the procedure.  He indicated his experience was that, “Jurors routinely express appreciation for the ability to ask questions during trial.” 

ASTC Annual Conference May 19-21

The American Society of Trial Consultants is holding its annual conference May 19-21 in Redondo Beach, CA.

To register for the conference go here.  A description of the conference can be found below.

Join us in dynamic Redondo Beach, California, alongside the sun and surf, for a timely discussion about the disappearing civil trial, and its effect on trial by jury and what trial consultants can do to adapt to the new legal landscape.  Our 35th Conference is designed to address the decline of the civil trial in two ways:

First, we will explore the causes of the disappearing civil trial and analyze potential solutions.  This discussion will be conducted by the leading authority on this matter, Mr. Steven Susman.  Mr. Susman, a nationally known civil litigator, has founded and funded the emerging Civil Jury Project at New York University School of Law.  Come and hear from this successful, veteran lawyer on how to adapt your practice to the 21stcentury legal landscape 

Second, we will offer sessions about trial consultants can do to increase business when fewer and fewer cases are going to juries.  This unique conference offers:

A panel of veteran trial consultants including Pete Rowland, Richard Gabriel, Tara Trask, and Robert Gershen   will discuss how they have changed their practice in light of fewer civil jury trials.

Attorney Bruce Stern, Treasurer of the American Association of Justice and Woodward/White’s Best Lawyers in America (2003-2015) discusses What an Attorney Wants from a Trial Consultant…When the Attorney is not going to Trial.

Chris Ritter and Michelle Diago from The Focal Point discuss the use of graphics in trial, mediation and other trial consulting services.

Arianne Fushsberger provides insights on the use of Social Media Research on the Venire and Beyond, including social media research for non-trial settings.

 Jonathan Corbin provides a research-based method for attorneys to ask for damages.

And, with a bit of glamour characteristic of Hollywood, Richard Walter, the Screenwriting Chairman & Associate Dean of the UCLA School of Theater, Film and Television, provides A Screenwriter’s Tips for Writing Openings and Closings.

This is a conference designed for both veteran and novice trial consultants.  Veteran trial consultants have the opportunity to give back to the profession by offering a Masters Panel that is open to all attendees. Veterans can rejuvenate, network and share in a Masters Only Jam Sessions. Novice and intermediate trial consultants can attend the Masters’ Panel Session to learn the tricks of the trade. Trial Consulting 101 has been revamped with an emphasis upon the ASTC Professional Code. This isn’t your father’s Trial Consulting 101 and it is ideal for anyone wanting to learn how to provide trial consulting services the ASTC way.