Tuesday, September 24, 2013

Issue 169 Tools a Jury needs Sptember 24, 2013


There are certain tools and practices a jury has in some States within the U.S. that others do not. I feel that three such procedures would benefit the process of seeking the truth in the court room.

Let the Juror's ask questions: This is a practice done in Arizona. Jurors at specified times in the trial may ask questions to clarify information. I remember when I was a juror on a case that I desperately wanted to ask a question of one of the witnesses. However I was blocked by New York law. I felt it was unfair as I felt that I could not properly make a judgment on the guilt or innocence of the defendant. Likewise, many of my fellow jurors felt the same. Sure, it may slow down the court some by the jury being able to ask questions themselves, but in order to ensure the jury properly understands the facts they need certain questions answered. In the case I served on, we came to the conclusion reluctantly that the defendant was guilty. We only found out later that he was a big time drug lord which was the sole reason that made us all feel better. So why not give the jury a chance to go into the deliberation room and come up with a few questions that they can ask the witnesses?

A Juror should be allowed to take notes: Another issue I found in New York's jury system was that we jurors could not take notes on the case. So we would forget facts and events that occurred in the case which could have potentially lead to an innocent man going to jail. Sure we had access to all the evidence, but we were left to try and figure it out at the end on what event took place and when. Thankfully my fellow jurors had really good memories or we would have gotten lost with all the different evidence that was just dumped on us. By not taking notes we could not spot inconsistencies in different testimonies or get a handle on the different events and how the evidence flowed together. Jurors can be easily instructed on how they should take notes so as to avoid confusing themselves and the different testimonies if that is needed. So let them take notes.

A smaller Jury: I like how Florida has a smaller number of jurors. In Florida there are six jurors and two alternates. In New York there were 12 of us and two alternates. Is it really that necessary to have that many people serving on a single jury? Would it change the chances of a person being declared guilty or innocent? I think not. After serving my self I can say that the result would generally have been the same whether we were six jurors or 44. The reason I say this is because of the evidence. If evidence is collected properly and presented to the jury in a clear and concise manor, then there should be nothing to cause any justice seeking individual cause for alarm. Also, a smaller juror means a faster jury selection speeding up the trial a bit. It would also save the courts some money as well.

Conclusion: These are what I feel would aid in making it easier for a juror to do their duty. I still believe that a professional jury is best, but with these tools and practices it should be easier for a juror to do their job.

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