Abstract
The present article explores the formal and informal factors that contribute to variation in state and local jury trial practices, and especially judicial compliance with mandatory practices and prohibitions. Part II describes the State-of the-States Survey of Jury Improvement Efforts, its methodology, and its basic findings concerning the variation in use of different trial practices. Part III discusses how various formal and informal factors affect the judicial use of those practices. Because the practice of permitting jurors to submit written questions to witnesses has received greater attention, and generated greater debate and dissension in both case law and state and local commission and task force discussions, that practice is used as a specific illustration to discuss judicial compliance and non-compliance more generally. Finally, Part IV discusses the implications of judicial acceptance of, or resistance to, jury improvement efforts for the future of the American jury system.
This abstract has been taken from the author's Introduction.
Document Type
Article
Publication Date
2008
Repository Citation
Hannaford-Agor, Paula, "Judicial Nullification? Judicial Compliance and Non-Compliance with Jury Improvement Efforts" (2008). Faculty Publications. 2345.
https://scholarship.law.wm.edu/facpubs/2345