Responding Effectively -- Deliberating Juries With Questions or - - PowerPoint PPT Presentation

▶

Jun 10, 2023 6 likes •56 views

Responding Effectively -- Deliberating Juries With Questions or Claiming to be at Impasse Practical Guidance: A.B.A. Principles for Juries & Jury Trials Deliberating jurors should be offered assistance when apparent impasse is

SLIDE 1

Responding Effectively -- Deliberating Juries With Questions

Claiming to be at Impasse

Practical Guidance: A.B.A. Principles for Juries & Jury Trials

SLIDE 2

“Deliberating jurors should be offered assistance when apparent impasse is reported.”

I. Problems with legal

concepts.

II. Questions about evidence.

III.Mixed issues of law & fact.

SLIDE 3

What to do in response?

Consult with trial counsel.
Repeat earlier instruction?
Re-open the evidence?
Further argument from parties?
Seek clarification from jury?
Arizona instruction?
Do nothing more?

SLIDE 4

Avoid a hung jury?

Merits?
Costs?
Doing justice.

SLIDE 5

Why do Juries Hang?

Weak, competing evidence
Case complexity
Dysfunctional deliberation process
Police credibility
Views about fairness of the law