NCJ Number
186600
Date Published
1999
Length
23 pages
Annotation
This article examines both the practical and legal implications of recording jury room deliberations.
Abstract
On February 5, 1996, the Supreme Judicial Court of Maine decided to allow CBS to film a civil trial's jury deliberations for a documentary. Slightly more than a month later, the Arizona Supreme Court also granted CBS permission to film jury deliberations in several criminal trials. Prior to these developments, there had been only one occasion of filmed jury deliberations, a PBS Frontline broadcast in 1986 that included footage from a Wisconsin criminal trial. The article outlines the historical and procedural background of cameras in the jury room, including the 1986 PBS broadcast, CBS's application to the Maine and Arizona courts, judicial and legislative actions on CBS's applications, and the taping by CBS of Arizona jury deliberations. It also attempts to determine, from the 1986 broadcast and evidence from camera coverage of trials, the educational value of taping jury deliberations. Finally, it examines the practical aspects of routine recording of jury deliberations and the doctrine of jury secrecy, and constructs a framework under which courts might determine the legality of permitting cameras inside the jury room. The article concludes that arguments against recording jury deliberations outweigh those in favor. Courts and lawmakers should not allow cameras to enter any further into the American justice system. The potential negative impact is too great. Notes