Jun 28

final-jur-e headline

SCOTUS: Sentence Enhancement Must Go to Jury

Law.com reports that in a 6-3 ruling, the Supreme Court held that juries must determine whether an individual is subject to a sentence enhancement under the Armed Career Criminal Act. The case—Erlinger v. United States—concerned Paul Erlinger, who was convicted of being a felon unlawfully in possession of a firearm. He was originally faced a sentence of up to 10 years in prison, but because the government charged him under the ACCA for having been convicted of either three violent felonies or serious drug offenses on separate occasions, he faced a minimum of 15 years. Relying on Apprendi v. New Jersey, the majority explained that the three-separate-occasions inquiry was a question of fact, not of law, and therefore belonged to the jury. In the dissent, Justice Kavanaugh wrote that a judge may determine the facts of past crimes for sentencing purposes.

SCOTUS Rules Against SEC, Finding Right to Jury Trial in Enforcement Proceedings

The New York Times reports that in a 5-4 decision, the Supreme Court struck down the Securities and Exchange Commission’s practice of bringing some enforcement actions in internal tribunals rather than in federal courts as violating the Seventh Amendment’s right to a jury trial. The case was brought by George Jarkesy, a hedge-fund manager accused of misleading investors. An SEC administrative law judge ruled against Jarkesy and ordered him and his company to pay a civil penalty of $300,000 and to disgorge $685,000 in ill-gotten gains. He appealed to the U.S. Court of Appeals for the Fifth Circuit, which ruled against the SEC. On appeal again, the nation’s highest court sided with Jarkesy, writing, “A defendant facing a fraud suit has the right to be tried by a jury of his peers before a neutral adjudicator.” For additional commentary on the Seventh Amendment, see “The Administrative State’s Jury Problem,” in the Washington Law Review by Richard Jolly.

Air Force General is First Ever to Face Jury Court-Martial

Newsweek reports that Major General Phillip Stewart will be the first general in history to have his court-martial charges heard by a jury. Maj. Gen. Stewart is accused of attacking a female officer near Altus Air Force Base in southwestern Oklahoma last spring. Notably, jury members must either have a higher ranking than Stewart or have the same rank as him, but they must have been pinned before him. To be convicted, six out of eight jurors will need to agree on his guilt.

Wisconsin County Program Lets Jurors Donate Their Jury Wage

WKOW 27 reports that an Eau Claire County program is returning for the first time since the COIVD-19 pandemic. The “Generous Juror Program” allows individuals who serve on jury duty in the county to elect to donate their jury wage to a community organization chosen by the county. For 2024, all donations will go to the Eau Claire County Crime Stoppers. The beneficiary organization changes each year. In Eau Claire, juror compensation is $25 per day, or $12.50 if they appear but do not serve. Additionally, jurors are reimbursed for their mileage to and from court.

TWO UPCOMING WEBINARS

1.  Streamlining Jury Selection: The Power of Remote Case-Specific Questionnaires | July 18 at 3:00 P.M. EST

Discover how remote case-specific juror questionnaires can revolutionize jury selection by providing greater convenience for prospective jurors, offering more meaningful insights into juror impartiality, and reducing operational costs through improved juror utilization. Our esteemed panelists from the Superior Court of Arizona, Maricopa County, will share their successful implementation of this innovative approach. The webinar will cover:

  • The process used by the Maricopa County Superior Court to prescreen jurors for bias and time conflicts;
  • How remote juror questionnaires provide more detailed and valuable information to judges and lawyers;
  • The practical tools utilized, including Microsoft Forms and Excel, to facilitate remote questionnaires; and
  • The significant impact this approach has had on the efficiency and effectiveness of voir dire.

Register Today!

2.  Using Behavioral Science to (Re)Design Your Jury Summons and Other Communications with Prospective Jurors | August 21 at 3:00 P.M. 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.

Register Today!

For more information on both webinars, 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.