Appellate Panel: SCOTUS Should Reconsider Right to Jury Trial for Petty Offenses
Law.com reports that two judges in a three-judge panel for the 10th Circuit Court of Appeals concurred that the nation’s highest court should reexamine the constitutionality of its petty offense doctrine. Typically, individuals facing charges of petty offenses, or those with a maximum penalty of less than six months in prison, do not have a right to a jury trial under the Sixth Amendment. At issue before the panel was whether David Lesh’s conviction at a bench trial for trespassing violated the Sixth Amendment by depriving him of his right to a jury trial. While the panel did not rule in Lesh’s favor, a concurrence authored by Judge Timothy Tymkovich and joined by Judge Veronica Rossman noted that “the [Supreme] Court’s doctrine has not escaped criticism for its disregard of the text of Article III and the Sixth Amendment.”
Op-Ed: Jurors Need More Support for Their Jury Service
Laura Castañeda for The San Diego Union-Tribune describes her recent jury service experience. She suggests that jurors can be better supported by increasing juror pay, providing free parking, and making it mandatory for companies to pay employees for all days of jury service.
Limitations of AI in Civil Jury Trials
Law.com reports that despite the appeal of using generative AI to craft opening statements, closing arguments, and direct and cross-examinations, its use is limited by the fact that it cannot read the room. Moreover, AI cannot adjust trial strategies in real-time as required by shifts in witness demeanor, juror attention, and client reaction over the course of a proceeding. Another limitation to using generative AI for civil jury trials is that it may not be smart enough to navigate complex legal issues such as rules of evidence.
Deepest Apologies
Due to an unanticipated glitch with our webinar platform, we were unable to host the scheduled “Streamlining Jury Selection – The Power of Remote Case-Specific Questionnaires” yesterday. We will reschedule the webinar and send updated information as soon as it is available.
UPCOMING WEBINAR
Using Behavioral Science to (Re)Design Your Jury Summons and Other Communications with Prospective Jurors | August 21 at 3:00 PM EST
Join us for an insightful webinar on redesigning jury summonses and other communications with prospective jurors through the lens of behavioral science. Shannon McAuliffe, associate managing director at ideas42, will guide us through behavioral science 101 and innovative strategies that courts can implement to improve response and appearance rates by prospective jurors. The session will explore:
- The principles of behavioral science and how they apply to jury communications
- Real-world examples of redesigned communications that have led to higher engagement
- Practical tips for crafting more effective messages to prospective jurors
McAuliffe will share valuable insights from her experience working with courts across the country on defendant appearance rates to implement these evidence-based approaches in the juror context.
For more information, email Paula Hannaford-Agor.
Please Submit Nominations for the 2024 Munsterman Award
The Center for Jury Studies at the National Center for State Courts is now accepting nominations for the G. Thomas Munsterman Award for Jury Innovation. The award is named for G. Thomas Munsterman, founder and former director of the Center for Jury Studies and an internationally renowned innovator in jury systems and research. The award recognizes states, local courts, individuals, or other organizations that have made significant improvements or innovations in jury procedures, operations, or practices in state or local statutes, rules, or other formal changes; jury management or technology; in-court improvements; or other improvements or innovations related to juries and jury trials. Nominations will be accepted until 5:00 pm ET on Friday, Sept. 13, 2024. Submit the name of a nominee or email Hope Forbush if you have questions about the nomination process.