Jury Reform Commission Survey

Jury Reform Commission Survey

The TBA Jury Reform Commission has prepared a thirty-eight question survey in a yes/no format to help determine the areas of jury reform issues to be addressed in Tennessee.

The format was chosen by the Commission to allow on-line response via TBA-Link and includes a comment section at the end of the survey for individualized input. The Commission welcomes your opinions and encourages additional comments, including geographic identification per respondent for accurate demographic correlation. Please respond within the next thirty days.

The Commission will be presenting the findings of the survey at the TBA Mid-Winter Meeting on Friday, January 15, 1999 at the Jurors: The Power of 12 CLE program featuring guest speaker Judge B. Michael Dann of Phoenix Arizona.

Please answer "yes" or "no" to the following questions.
There is space for comments at the end.

Question: Yes No

1. Is your county liberal about releasing jurors from jury service?

1a. What is your County?

2. Does your county do enough to promote juror comfort?

3. In general, are you satisfied with the jury system in Tennessee?

4. In general, are you satisfied with the results in jury trials in Tennessee?

5. Do you feel jurors render fair verdicts in Tennessee?

6. Do you feel there needs to be greater diversity in juror composition?

7. Does a twelve person jury assure more diversity than a six person jury in a civil case?

8. Do you favor six person juries over twelve person juries in civil cases? Please comment below.

9. Do you favor simple majority verdicts (seven of twelve) in civil cases?

10. Do you favor super majority verdicts (ten of twelve) in civil cases?

11. Should jurors be allowed to ask questions of expert witnesses?

12. Should jurors be allowed to ask questions of non-expert witnesses?

13. Is it a good idea to let jurors take notes during trial?

14. Should juror notes be destroyed at the conclusion of trial?

15. Should jurors be surveyed by the Court about juror service upon completion of each trial?

16. Should judges ordinarily permit lawyers to make brief, non-argumentative, case-specific statements to the prospective jurors not exceeding five minutes each at the beginning of voir dire?

17. Should judges have the discretion to permit trial lawyers to submit juror questionnaires?

18. Should the trial judge be given the specific authority to permit individualized voir dire in all cases?

19. Should individualized voir dire be mandatory in capital cases if requested by either the prosecution or defense?

20. Should we have peremptory challenges in civil cases?

21. Should we have peremptory challenges in criminal cases?

22. Is the current number of peremptory challenges in civil cases sufficient?

23. Is the current number of peremptory challenges in criminal cases sufficient?

24. Do you favor providing preliminary general jury instructions after the jury is seated?

25. Do you favor providing jury instructions immediately before closing argument?

26. Do you favor providing to the jury a written working outline of disputed factual and legal issues?

27. Do you favor using language in the instructions identifying the parties by name rather "plaintiff" and "defendant"?

28. Do you find existing pattern jury instructions sufficient?

29. Do you favor providing jurors with written copies of the final instructions in civil cases?

30. Should the judge consult with jurors to determine appropriate deliberation hours?

31. Do you favor specific interrogatories in verdicts?

32. Should the trial judge be involved in resolving a jury impasse?

33. Are you a judge?

34. Are you primarily a trial lawyer?

35. Is your practice primarily devoted to criminal law?

36. Is your practice primarily devoted to civil law?

37. Do you primarily represent plaintiffs?

38. Do you primarily represent defendants?

Comments:

Question:	Yes	No
1. Is your county liberal about releasing jurors from jury service?
1a. What is your County?
2. Does your county do enough to promote juror comfort?
3. In general, are you satisfied with the jury system in Tennessee?
4. In general, are you satisfied with the results in jury trials in Tennessee?
5. Do you feel jurors render fair verdicts in Tennessee?
6. Do you feel there needs to be greater diversity in juror composition?
7. Does a twelve person jury assure more diversity than a six person jury in a civil case?
8. Do you favor six person juries over twelve person juries in civil cases? Please comment below.
9. Do you favor simple majority verdicts (seven of twelve) in civil cases?
10. Do you favor super majority verdicts (ten of twelve) in civil cases?
11. Should jurors be allowed to ask questions of expert witnesses?
12. Should jurors be allowed to ask questions of non-expert witnesses?
13. Is it a good idea to let jurors take notes during trial?
14. Should juror notes be destroyed at the conclusion of trial?
15. Should jurors be surveyed by the Court about juror service upon completion of each trial?
16. Should judges ordinarily permit lawyers to make brief, non-argumentative, case-specific statements to the prospective jurors not exceeding five minutes each at the beginning of voir dire?
17. Should judges have the discretion to permit trial lawyers to submit juror questionnaires?
18. Should the trial judge be given the specific authority to permit individualized voir dire in all cases?
19. Should individualized voir dire be mandatory in capital cases if requested by either the prosecution or defense?
20. Should we have peremptory challenges in civil cases?
21. Should we have peremptory challenges in criminal cases?
22. Is the current number of peremptory challenges in civil cases sufficient?
23. Is the current number of peremptory challenges in criminal cases sufficient?
24. Do you favor providing preliminary general jury instructions after the jury is seated?
25. Do you favor providing jury instructions immediately before closing argument?
26. Do you favor providing to the jury a written working outline of disputed factual and legal issues?
27. Do you favor using language in the instructions identifying the parties by name rather "plaintiff" and "defendant"?
28. Do you find existing pattern jury instructions sufficient?
29. Do you favor providing jurors with written copies of the final instructions in civil cases?
30. Should the judge consult with jurors to determine appropriate deliberation hours?
31. Do you favor specific interrogatories in verdicts?
32. Should the trial judge be involved in resolving a jury impasse?
33. Are you a judge?
34. Are you primarily a trial lawyer?
35. Is your practice primarily devoted to criminal law?
36. Is your practice primarily devoted to civil law?
37. Do you primarily represent plaintiffs?
38. Do you primarily represent defendants?