Saturday, November 30, 2002

jury debriefing

The Delaware Supreme Court is accepting comments on a proposed rule change that would allow jurors to be questioned by attorneys (and perhaps pro-se litigants) after the case is over, in a supervised setting. Today's News Journal's article portrays several attorneys' views on the subject. Here is another.

I am not convinced that this would be a good idea. I think that when we balance the good that allegedly would come from this as against the appeals chaos that it will inspire, the balance comes out in favor of leaving jurors alone. Furthermore, I think that our system of justice depends heavily upon the privacy of the jury deliberation chamber, and the freedom that the jurors have to express their respective points of view, and share their frank opinions. When we put these jurors in a situation where their deliberations now become part of a public circus, I can smell only disaster.

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