Blowing smoke: lawyers are trained to push a jury's buttons almost any way they can. But now some members of the bar think they have gone too far - and society is the big loser

Article Abstract:

Both prosecutors and defenders accuse each other of trying to sway juries emotionally rather than with evidence and reason, and both defend their own use of such tactics. They also say it is up to judges to stop or control the practice. Many experts note an increase in the use of prejudice and questionable techniques, which include putting the government on trial, suggesting unfair treatment or selective prosecution, and bringing inferences in via a so-called back door. Race and sexual stereotyping are also popular methods.

Cover Story, Demographic aspects, Ethical aspects, Public prosecutors

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Jury reform

Article Abstract:

Widespread calls for jury reform range in ambition from more courtesy for jurors and broadening the jury pool to allowing nonunanimous verdicts and permitting jury questions and debate during the trial. In 27 states the bar assn or the courts are studying potential improvements in the process. A streamlined voir dire process with fewer peremptory challenges could result, but note-taking by jurors, greater use of plain English, and mini-summaries after key points by litigators are virtually guaranteed.

Innovations

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The holdout; truth was somewhere inside a 10-by-20 jury room in Tennessee, and 12 people were determined to find it

Article Abstract:

A Tennessee jury deliberating on whether a 19-year-old who drowned her baby seconds after birth in a locked dormitory bathroom was guilty of murder is sequestered and has great difficulty reaching a unanimous conclusion, as shown by this account of their deliberations in the jury room. All jurors take their task very seriously and in the end decide in favor of second-degree murder.

Personal narratives, Tennessee

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