Jury Notes From Elsewhere, October 29
Jury talk seems to be everywhere lately.
1. When you can't handle the truth. "[T]here is enormous freedom in trying the impossible case," says Scott Greenfield of Simple Justice in "Loser Truth," a long post about what to do when the client insists on a story that no one is likely to believe. If that weren't useful enough, Gideon at a public defender ends his comments on Scott's post with what may be the single best piece of jury advice you'll ever get:
What is it about the client’s story that would convince you that he was telling the truth? That’s how you convince the jury.
2. No rehearing in George Ryan's appeal. In August a Seventh Circuit panel upheld former Illinois governor George Ryan's conviction despite some of the messiest jury management you'll ever see, and last week the full court rejected Ryan's request for an en banc hearing. The dissent, jointly authored by Judges Michael Kanne (who dissented from the panel opinion as well), Richard Posner, and Ann Claire Williams, is an extended essay on jury management. Robert Loblaw made the case his Decision of the Day; Point of Law Forum highlighted the dissent's concerns about long jury trials; and How Appealing collected other discussion here.
3. Nervous jurors. Colin Miller's EvidenceProf Blog is almost a month old, and always welcome. Last week Miller differed with the trial judge in a Wyoming case where the jury sent this anxious note:
Dear Judge Grant:
During our deliberation some concerns have arose about the safety and any retaliation of either family, towards any of us or our families. Some of us have been approached by some of the family members. Please advise us of our course of action. Thank you.
Respectfully yours,
The Jury.
4. What's in a name? David Swanner of South Carolina Trial Law Blog argues that jurors would respond better to many lawsuits against doctors if lawyers described them better. It's often "medical mismanagement," he argues, not "medical malpractice."
5. Baby steps in Japan. Robert Precht at Foley Square continues his stories of Japan as it prepares for jury trials. He recently told an audience that defense lawyers should argue their own interpretation of the evidence, rather than simply relying on the burden of proof. How can I do that, one lawyer asked, "without knowing what the evidence will be at trial?"
6. From voir dire to verdict. Stephen Gustitis at The Defense Perspective can somehow blog during trial, and his generosity gives us a rare view of trial strategy and how it works out. At least twice now, he's told us a little about how a voir dire went, and then a few days later we've been able to hear what that jury decided. This time, Gustitis reports he got a mistrial from his "twelve special jurors."
7. Mark Bennett teaches cross. He has a terrific series going at Defending People about preparing to cross-examine a doctor. The first two installments are here and here.
8. The power of gossip. Howard Zimmerle of Quad Cities Injury Lawyers points to new science suggesting that we're influenced by gossip even when it contradicts our own observations. Howard considers what this might mean for voir dire.
9. Juror Locks Self In Bathroom. "So, it's come to this, has it?" asks jury consultant Edward Schwartz at Jury Box Blog.
10. And finally, Ann Handley at Marketing Profs Daily Fix Blog is right that if you want to understand how the world is changing, this short video is a must-see.
(Photo by Ho John Lee athttp://www.flickr.com/photos/hjl/101443399/; license details there.)
