NCJ Number
66477
Journal
Drake Law Review Volume: 28 Dated: (1978-79) Pages: 21-50
Date Published
1979
Length
30 pages
Annotation
MODERATE METHODS FOR IMPROVING JURY USAGE, PRIMARILY IN IOWA, ARE PROPOSED. EFFECTIVE TRIAL SCHEDULING AND MANAGEMENT, AND EFFECTIVE JUROR SCHEDULING ARE DISCUSSED.
Abstract
RECENT STUDIES HAVE REVEALED A NUMBER OF PROBLEMS RESULTING FROM INEFFICIENT JURY USAGE. THESE PROBLEMS INCLUDE DIRECT AND INDIRECT COSTS TO THE ECONOMY CAUSED BY THE JUROR'S INABILITY TO WORK IN HIS USUAL OCCUPATION, IDLENESS LEADING TO JUROR DISSATISFACTION, AND THE CONTRIBUTION OF JUROR INEFFICIENCY TO THE DELAY OF JUSTICE. TO IMPROVE JURY USAGE, ALL CASES SHOULD BE SCHEDULED FOR TRIAL AS PROMPTLY AS THEY ARE AT ISSUE. POSTPONEMENTS AND CANCELLATIONS OF TRIALS RESULT IN A NEEDLESS SUPPLY OF AVAILABLE JURORS. THE CLERK OF THE COURT SHOULD CONTACT ATTORNEYS 2 DAYS BEFORE THE TRIAL IS SCHEDULED TO DETERMINE IF SETTLEMENT HAS BEEN REACHED. PENDING OR ANTICIPATED MOTIONS SHOULD BE RESOLVED PRIOR TO THE JURY SELECTION DATE. FOR JUROR SUPPLY TO CLOSELY MATCH THE NEED FOR JURORS, MANY STUDIES RECOMMEND REDUCING THE MINIMUM NUMBER OF PEOPLE SUMMONED FOR THE JURY POOL OR PANEL. OTHER POSSIBLE SOLUTIONS INCLUDE REDUCING THE SIZE OF THE JURY, ACCEPTING A NONUNANIMOUS VERDICT, AND SELECTING JURORS BY MULTIPLE OR SIMULTANEOUS METHODS. IN ADDITION, THE SCOPE OF VOIR DIRE SHOULD BE LIMITED. TO IMPROVE TRIAL EFFICIENCY, RECOMMENDATIONS INCLUDE HOLDING PRETRIAL CONFERENCES BY COUNSEL TO ENCOURAGE SETTLEMENT, PERMITTING THE JURY TO TAKE NOTES, AND REQUIRING THE JUDGE TO GIVE CONCISE AND SIMPLE INSTRUCTIONS. A SPECIAL COMMITTEE SHOULD REEXAMINE JUROR USAGE IN THE IOWA COURTS. SIGNIFICANT SAVINGS OF TIME AND MONEY MAY BE ACHIEVED THROUGH ONLY MINOR CHANGES IN THE SYSTEM. FOOTNOTES ARE INCLUDED, AND APPENDIXES PRESENT A SUGGESTED TRIAL AGENDA, SAMPLE INSTRUCTIONS FOR JURORS, AND JUROR QUESTIONNAIRES. (LWM)