D.C. Circuit Weighs Whether Jury Bias Influenced Jan. 6 Conviction
The Washington Post reports that the U.S. Court of Appeals for the D.C. Circuit is considering whether jury bias impacted the conviction of Thomas Webster, a former NYPD officer who tackled a D.C. officer to the ground during the events of January 6. Webster was sentenced to 10 years in prison. Now on appeal, he is arguing that D.C. jurors were biased against him based on media coverage, their personal experience of January 6, and their political affiliation. Webster’s case comes as former president Donald Trump has vocalized his intention to try and get his upcoming election subversion trial moved out of D.C for similar reasons.
After Being Subjected to Open Court Questioning, Psychology Prof Dives Deep into Jurors' Attitudes About Voir Dire - Providing Lessons for Readers
As a prospective juror in a civil case, Rider University Professor Wendy Heath was required to divulge personal information during jury selection. She was wary of responding in open court. The experience led to publishing, along with Bruce D. Grannemann, “Prospective Jurors’ Attitudes Toward Voir Dire.” In the current issue of Court Review (the journal of the American Judges Association), the authors share fruits of their investigations of what jurors think and feel about voir dire. Using detailed tables, they discuss a variety of voir dire practices and make several policy recommendations.
11th Circuit COA Rules Judge Abused Discretion in Failing to Investigate Potential Juror Bias
The National Law Journal reports that the U.S. Court of Appeals for the Eleventh Circuit found that a federal district court judge in Miami abused his discretion when he learned that a juror had a niece who worked for the defendant in the case. At issue was Royal Caribbean Cruises LTD.’s liability for an injury sustained by Carelyn Fylling while aboard one of its ships. After opening statements, one of the jurors informed the court that her niece worked for Royal Caribbean. However, the district court ruled that it was not disqualifying because the juror said she could be impartial. Fylling objected and was overruled. The jury determined that Fylling was entitled to $75,000 in damages. On appeal, the Eleventh Circuit found that the court had a continuing obligation to protect the right to an impartial jury that did not end after the jury was impaneled and sworn-in. Moreover, although the trial was underway at that point, the judge was obligated to question the juror in detail to determine if removal was necessary.
Proposed Law Would Allow Jurors Over 70 to Opt Out of Service
Fox 5 Washington DC reports that a bill recently introduced in Congress would allow persons who are 70 years or older to opt out of jury duty at the D.C. Superior Court. District Congresswoman Eleanor Holmes Norton, the bill’s sponsor, stated “I’m just aiming to make D.C. equal to everybody else.” She added that most federal courts and many state courts already permit those over 70 to decline jury service, if summoned. Norton believes that older individuals should be able to do so because they have “already done a lot of service.” Even if the bill is passed, the District’s congresswoman hopes “that many of them are able to opt in.”
What Are You Planning for Juror Appreciation Day This Year?
Many courts designate May 1, International Law Day, to publicly recognize jurors for the critical role they play in the American justice system. Other courts do so in conjunction with the Fourth of July holiday. Regardless of the date, this is the occasion for state and local courts to issue proclamations, public service announcements, and op-eds in local print media about the importance of juries and jury trials and to provide jurors with small tokens of recognition for their service. The ABOTA (American Board of Trial Advocates) Foundation, whose mission is to preserve and promote the Seventh Amendment right to civil jury trials, has developed a Jury Appreciation Movement (JAM) program to provide resources to courts to support Juror Appreciation activities. Last year, for example, the ABOTA Foundation helped organize and support a luncheon hosted by Judge Mark Kelly in Orange County, California, for trial jurors who served in his courtroom over the past 3 years. Watch a short video with highlights of the event. The JAM program has “I ❤ Jury Service” stickers available at no cost as well as grant funding and logistical support available for courts to help plan and carry out their own Juror Appreciation Events. More information on JAM is available. The NCSC Center for Jury Studies also wants to know what you’re planning. Please send a brief description, including any information about new slogans, posters, or promotional materials you’ve designed, to Hope Forbush. We’ll feature especially innovative ideas in future issues of Jur-E Bulletin.