"Changes coming to jury deliberations" is the headline to an AP story today that begins:
A new rule that takes effect in January could alter the dynamics of jury trials in Indiana by permitting jurors to freely discuss elements of a case before they begin deliberating.Posted by Marcia Oddi at November 28, 2004 05:21 PMCombined with another recent change that allows jurors to ask questions of witnesses, the new rule could lead to shorter deliberation times for Hoosier juries.
At a minimum, jurors might ask witnesses even more questions. And, having sorted out some of the trial's issues before final arguments, they might spend less time deliberating verdicts, judges predict.
The change applies both to criminal and civil cases and is mandated by a new jury rule adopted by the Indiana Supreme Court on Sept. 30 that takes effect Jan. 1. Under the old rule, jurors are ordered not to discuss the case until they start deliberating.
But trials can last days or weeks, and evidence may include technical testimony from expert witnesses. Throughout that time, jurors must keep silent about the case, both inside and outside court.
The change will mean jurors can talk about evidence among themselves in the jury room, as long as they reach no conclusion about a verdict. * * *
The new rule comes on the heels of another rule change two years ago that spelled out jurors' right to ask witnesses questions. Since then, most trial juries pose at least a handful of questions, sometimes more, judges say.
In the current format, a juror individually thinks of a question, jots it down on note paper and passes it to the judge. Starting Jan. 1, jurors might draft questions as a group in the jury room, depending on when trial recesses are taken.