NCJ Number
115226
Date Published
1988
Length
512 pages
Annotation
This legal treatise examines the law affecting jurors and their actions during litigation.
Abstract
Following a review of the constitutional foundation and the impact of Federal rules on the jury trial, provisions for compiling the venire are examined; including the requirement of timely objections to the venire and the selection system. The scope of voir dire is considered with respect to questions concerning insurance, damage, and racial prejudice. Case law on challenges for cause is discussed with reference to group membership, pretrial publicity, the death penalty, bias, and juror dishonesty. Provisions regarding the use of peremptory challenges are delineated, with particular attention to the issue of racial discrimination as a misuse of an opponent's peremptory challenges. Procedures for the elimination of jurors before and after deliberations in criminal and civil proceedings are outlined. Juror-initiated behaviors that may result in harm or bias are evaluated, including note-taking, experimentation or investigation, or sharing of personal experiences or knowledge. Finally, issues related to undue influence through unauthorized communications and media publicity are addressed; and the uses of changes of venue, sequestration, and gag orders are presented. Sample forms, questionnaires and attitude surveys, and memoranda in support of motions made during jury selection also are provided. Section footnotes, table of cases, and index.