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Juries May Take Notes
The new policy was adopted by the Supreme Court on an experimental basis and will be reviewed at the end of 2005. Similar action for criminal jury trials is under study. Both the judiciary and legal profession have balanced the pros and cons for years. Will jury note-taking detract from attention to testimony? Will differences in notes or between notes and jury recollection of testimony confuse jury deliberations? Pennsylvania has been one of the few states with an absolute ban on note-taking, but the practice has many variations in different states. Mississippi bars use of notes during jury deliberation. The Pennsylvania Supreme Court's new rule allows use of notes during deliberations, but notes must be left with Court officials at the end of each day and before the verdict is returned, after which they will be destroyed. Action by the Supreme Court anticipates legislation which is currently under consideration in the Pennsylvania House of Representatives, having passed the Senate 48-1. Moreover, other measures for streamlining and improving jury participation in a trial are under consideration or are used in some states. These include allowing jurors to question witnesses, instructions on the law at the beginning of trial, and permitting jury discussions during recesses in the trial. Experts consider note-taking the least controversial of "active juror model" reforms. Research indicates jurors who take notes generally are more attentive to the trial and feel more involved. |
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