Jun. 23rd, 2023

mtbc: photograph of me (Default)
A couple of months ago, I mentioned having served as a member of a jury at a sheriff court here in Scotland. The instructions given to jurors about secrecy are quite clear and seem summarized well by HMG's,
After the trial you must not talk about what happened in the deliberation room, even with family members. You can talk about what happened in the courtroom.

The Juries Act 1974, provision 20D, is similarly unambiguous; following provisions' exceptions relate largely to handling jurors' misconduct. So, research into jury behaviour is typically performed using mock trials.

I was therefore considerably surprised by an American website planning to publish people's accounts of the dynamics within the jury room. After a bit of searching online, my impression is that rules in the US, at least after the trial has concluded, are typically rather laxer. For example, a jurors' handbook for US District Courts says,
After the jurors return their verdict and are dismissed by the judge … the court may enter an order in a specific case that during any such interview, jurors may not give any information with respect to the vote of any other juror.

Thus have I learned that American jurors often appear to be able to say something about what happened during deliberations.

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Mark T. B. Carroll

July 2025

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