02-05-2013, 12:21 PM
(02-05-2013, 12:01 PM)Duchess Wrote:(02-05-2013, 11:59 AM)heartbreaker6713 Wrote: how many states have the ability to allow jury questions?
The states that expressly encourage judges to allow jurors to question witnesses are Arizona, Arkansas, Florida, Indiana, Iowa, Kentucky, Nevada and North Carolina. Out of these jurisdictions, Arizona, Florida, and Kentucky require that judges allow jurors to ask written questions. The respective highest state courts of Indiana and Kentucky have ruled jurors have a right to ask questions of witnesses.
Other jurisdictions give a more restricted endorsement of this practice. In Pennsylvania and Michigan, the respective state supreme courts have said it is permissible at the discretion of the trial judge. Texas does not permit jurors to question witnesses in criminal trials and Georgia law requires all questions to be written and submitted to the judge. Only Mississippi law expressly forbids jurors from questioning witnesses.
thank duchess, I'm working on that coffee! Good to see my home state is on the board somewhat and going in the direction, hopefully they make more of a move to more of the lower courts(Michigan). I just don't like that it is at the discretion of the judge, I feel if they are going to do, do it across the board for the same type of trials and just put the limitations they need to be proper questions. so if I understand that right in Texas then you can ask witnesses in civil trials, is there anything else since criminal is out?
I do wonder though if it has an impact at all on the turn out of cases, letting jurors ask questions. I know this is a different case but in the Casey Anthony case did the jury ask questions, I can't remember. Obviously that is just one trial from Florida but just one that will stick out in many peoples minds.