How probing and intimate can jury selection questions be?

Maybe it’s different state to state, but in California, we passed out jurors’ notebooks every day and gathered them up every afternoon. Jurors were instructed to take notes but to not get so involved in their note taking that they missed the trial. They were also told that if the notes created a discrepancy in their minds during their deliberations, they should let the court know and testimony could be read back or questions answered to help them arrive at an understanding.

Jurors’ notes were destroyed at the conclusion of every trial.

I’m in southern PA. We were told that we could not take notes.

That’s interesting to me. I wonder why not?

Can’t speak to that specific jurisdiction, but there have historically been some quite precious rules about jury deliberations.

Some judges suggest that notes not be taken because the juror is then missing out on subtleties of demeanour, etc as the evidence is given. Some take the view that notetaking undermines the official transcript. If the note is inaccurate, it might mislead the jury. If they want to hear the evidence, they can just have it accurately read back rather than rely on a dubious note. (I find this unconvincing). Some express the view that the highlighting of some evidence may be to the unfair detriment of other equally important evidence. I find this unconvincing too - jurors got to discriminate; that’s their job.

Those are some of the reasons that might be articulated about notes by a jury, but I am in favour of notes and transcripts going before the jury. In Australia, every trial on indictment has the benefit of a running transcript, so that you get a copy of each day’s hearing at the end of the day, and can have any particular part specially transcribed within that cycle as needed. Both sides have the capacity to challenge its accuracy (although that is rare).

Northern Piper’s system is similar to Queensland’s as discussed above. The principles against jury polling (the term used for questioning jurors for suitability) are that random selection is a better protector of the accused than direct questioning, which assumes that the answers are reliable (even without dishonesty, people tend to underreport their own biases.)

In Queensland, the preliminary process of winnowing jurors whose work prevents them from sitting, etc, is similar to Northern Piper’s. Thereafter, in trials with one accused, a preliminary panel of 28 is generally raised. Each side has 8 peremptory challenges (in the case of the defence) or stand-bys (in the case of the Crown) but the difference in language is of only historical significance. 28 is the number of the preliminary panel because if each side exhausts all 8 peremptory challenges, 12 will be left to form a jury.

There is also an unlimited number of challenges for cause, but these are exceedingly rare, to the point where the practical possiblity of them can be ignored.

At the end of the selection process (“empanelment”) the prosecutor reads out the names of the prosecution witnesses to the 12 selected jurors. This is not so important in big cities but is very important in country towns where everyone knows everyone, and jurors identifying that they know a witness is quite commmon. Aside from acknowledging that they know a witness, a juror is also invited to raise with the judge (often privately) if they have any reason why they should not sit, perhaps because of some bias or any other reason at all.

I should qualify what was said above about never questioning jurors in Queensland. It is exceedingly rare, but the power exists for it to occur. It has been used relatively recently (and for the first time in many decades) in two high profile homicide cases. The first were the re-trials of Patel. The second was the trial of Baden-Clay.

As you can see from the link, the questions are very non-intrusive. They involve whether the prospective juror lived in the area of the murder (there was much gossip in that area), whether they ever attended a fundraising event for the deceased (which were common and popular, reflecting the outrage the crime generated) and whether they had ever expressed an opinion about the guilt of Baden-Clay.

Once again, this is very rare. The Commonwealth countries work on the principle that a juror’s good sense will knock the edges off obviously embarrassing issues like knowing a witness, and otherwise biases, etc will cancel each other out. Randomness is a better protection that a contrived attempt to find someone who has no views about a topic. On this we depart from the views of our American cousins.

Noel Prosequi, thank you for taking the time to explain your jury selection system and its differences with our system(s) here in the USA. I find it especially fascinating as my late husband, although a native of New Zealand, spent more than half his life in Australia and a good number of years in Queensland, as it happens. Many things American puzzled him, and our justice system was only one of those things.

I find I prefer some things about how other countries conduct justice. For instance, I admire how the UK doesn’t publicize cases until they have been adjudicated. Highly publicized trials in the US are a pain in the ass, frankly. Very hard to get jurors who haven’t already formed an opinion and it really burns through the resources. I also think our addiction to legal and forensic dramas on television have had a significant impact on preconceived notions jurors bring to our process. Just my observation.

I think your jury selection process sounds very sensible and again, I thank you for sharing about your process.

As Noel says, the pattern in the Commonwealth countries appears to be that there is not detailed grilling of potential jurors. Emphasis is more on random selection than the US model of detailed screening.

It can be, I recently served on jury and it was related to an accident case. We were each asked our occupation, Marilla status, where we lkved, and if we had ever been involved in a accident. Also we are asked if we knew anyone else involved I accident, and if we ever were involved in a court case trial due to the accident. If so then the judge asked us if the jury reached a verdict.

Then each side’s counsel asked us if the incident made us biased again st accident/personal I jury attorneys.

Just out of curiosity, how did your friend figure out that she wanted to be on a jury?

That seems crazy to me and less than fair. I feel that biases are already brought into the courtroom by opposing lawyers. Each side, especially in a contentious, public, or emotional case, are trying to “win”, not simply present a fair and impartial case for the jury to decide. If we’re just supposed to accept the fact that smart people can’t resist using their expertise in a trial, I feel that lawyers also can’t resist trying to win at any cost. This is why we hear of situations where lawyers were hiding evidence or doing some other sneaky shit to win. And it depends on the type of lawyer too. I feel I’d be much more accepting that a public defender assigned to a case can be fair and impartial, having no personal stake in the issue, than believe that a divorce lawyer or some high powered corporate lawyer is doing things fairly rather than trying to get underhanded advantages for his client. I think that ultimately, if the public is told to accept that we can’t use our expertise, I think its only fair to tell the lawyers that we don’t think you’re fair either.

Plus, shouldn’t the scientific principle of a double blind experiment create the most even and fair conditions? Both sides shouldn’t know what biases the other side has, because maybe sometimes things will be skewed one way, but other times things will be skewed the other way, so overall, the skew is fair or biased against both sides evenly.

So if the expectation is that some people can’t resist using their expertise, I’d say let them. If you want to unfairly suggest that people who are smart in a subject can’t be fair, then I’m going to make the assertion that I’m going to assume the lawyer doesn’t know what he’s talking about and hires an expert only to get a favorable testimony. That’s why we allow lawyers to cross examine experts right? Because we know that experts brought by one side is inherently biased against the other? I don’t see how different that is if the expert is in the jury

[quote=“Aspenglow, post:58, topic:764683”]

This fundamental rule is so important that I’ve seen a mistrial declared because a juror brought a dictionary into the deliberation room to read the dictionary’s definition of a term used during the trial that the jurors didn’t understand. Instead of sending out a note to ask the judge and parties to give them the definition, a juror brought her dictionary from home instead. The bailiff was new and didn’t realize he had a responsibility to keep such materials out of the jury room. That’s all it took. The dictionary definition wasn’t the important one, the legal definition was, and boom. Mistrial.

That mistrial shouldn’t happen. The juror was just as likely to incorrectly read the definition for one side than for the other. Or, and this is something lawyers probably wouldn’t like to accept, actually get the understanding of the term right.

Hmmm… I wonder if my internet addiction would be sufficient to get me disqualified? I don’t know if I could go weeks without reading news and trivia stuff every day.

As a good example - don’t want to reboot the McDonalds Hot Coffee debate - but here’s a classic case where the question is - where does common sense take over from expert opinion? (Not to mention anti-big-business bias). Expert opinion on one side said that 185F to 190F was the optimal and standard for “good coffee” (or even McDonalds coffee). So, the jurors had to decide something. Presumably this decision was related to common sense. (although it’s not what I would have decided).

Were the jurors saying that the expert was wrong and disregarded that testimony? Were the jurors saying that regardless of what is good coffee, only lukewarm crap is safe to serve? …and so on… Or do little old ladies with 3rd degree burns win regardless of the merits.

Juries are fun to speculate about.

In the past, in the English courts, defence counsel had the right to challenge without reason up to seven jurors, later reduced to three, and now abolished altogether. Prosecution counsel can still do so, but not for trivial or arbitrary reasons.

I’m assuming that’s a typo/autocorrect of marital
In my local, one of the first questions on the pre-questionaire (that comes with the notice you have jury duty on ___) & they want you to to fill out in advance of reporting is Marital Status
[ul]
[li]Single [/li][li]Married[/li][li]Separated[/li][li]Divorced[/li][li]Widowed[/li][/ul]

What in the Sam Hill do they need to know this before I even get into the building? As voir dire for a civil court divorce case possibly, but for every single prospective juror on every case???

The general rule in Canada is that if you are on a jury and not sequestered, you are to avoid reading anything about that case and avoid talking about the case with anyone while the trial is underway. That includes your fellow jurors.

So you would be allowed to read papers, Internet, etc., so long as you avoid reading anything about the trial. Whether you can comply with that requirement is a matter of personal self discipline. :wink:

However, if you breach that restriction and that becomes known before the trial ends, it can result in a mistrial.

Once all the evidence is in and you’re sequestered, you don’t get any newspapers. I imagine you wouldn’t have Internet access either.

Me, I went with Ed Begley, cause his kid was cuter than Henry’s.

Because it’s a standard form. Governments run on standard forms. :slight_smile:

That information may be relevant for cases of domestic abuse, divorce, allegations of fraud between a married couple, and so on, and not be relevant to a commercial contract case. But the court officials don’t necessarily know in advance if those issues are going to arise in a particular case - that’s up to the lawyers who are running the case. And, even if they know that they have one case coming up that raises that issue, they don’t know in advance which people who have been called for jury duty will end up on the jury for the domestic abuse case, and which ones will end up on the jury for the commercial contract dispute.

So they gather that information from everyone.

As well, you don’t want any suggestion that the court staff are trying to influence the jury selection process by gathering different data from different individuals. You want them to gather exactly the same information from everyone.

It’s then up to the lawyers to decide what to do with that data, within the rules for jury selection and under the supervision of the judge.

Yes it’s a typo, for some reason this post had many typos. I cringed when reading now. Lesson learned, read before submitting.

This made me wonder how often juries are sequestered in Canada, and I saw several things indicating that Canadian juries are always sequestered if they need to deliberate over more than one day. That’s a misunderstanding I hope?

I think that’s standard. Once evidence is closed and they begin their deliberations, they’re sequestered. I’m aware of a case recently where the evidence was all in on a Friday morning but the judge adjourned his charge to the jury to the Monday, so that the jurors wouldn’t be sequestered over the weekend.

Checked with Mrs Piper who’s run jury trials. She confirms the jury is always sequestered once the judge has charged them on the law and evidence, until they give their verdict.

Er, um, what’s a person in a common law marriage supposed to answer?

(Why isn’t it on the list? It’s on the census and tax forms!)

Married, obviously.