Monday, May 19, 2008

Questions by Jurors

As most regular readers of this blog are aware, Florida recently changed its laws to allow jurors to ask questions (see here ). It appears, at least from media reports, that juror questioning, as used in several other jurisdictions, has improved the overall criminal trial process in Florida.

Prosecutors and defense attorneys in De Furia's courtroom say the process has improved the quality of the trials. Jurors say it clarified issues and made their decisions easier.

However, everyone in the Florida legal community does not necessarily agree with the changes. Apparently, many attorneys and judges are still reluctant to give up any aspect of control of the trial proceedings and thus have no interest in allowing jurors to ask questions. Even if those questions result in a more engaged and informed jury.

Other judges and attorneys have been skeptical of jury questions. Circuit Judge Diana Moreland in Manatee County said she asked attorneys, and "None of them were burning with desire" to have jurors ask questions.

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