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 Florida jurors win right to ask questions of witnesses
Under new jury rules that go into effect on Jan. 1 in Florida, jurors will be allowed to ask questions of witnesses in criminal and civil trials. The ability to submit questions is the most controversial of several jury reforms recently approved by the Florida Supreme Court.
Jurors can't just blurt out questions, but once both sides have finished examining a witness, jurors may submit written questions to the trial judge who will decide if it's a legally proper query. The judge will put appropriate jury questions to the witness.
The changes are the result of years of research, discussion, criticism and legal arguments. The state's Supreme Court initiated the effort in a bid to improve the system.
Among the other reforms taking effect Jan. 1:
•Jurors will be allowed to take notes in all trials. Their notebooks will be destroyed after a verdict is reached.
•Jurors must be given written instructions to take into the jury room with them.
•New rules are being adopted to encourage the best use of juror time.
Many judges and attorneys are wary of some of the changes. They say they understand the reasons for the reforms but are concerned that jurors' questions could turn into a legal minefield.
Broward Circuit Judge Stanton Kaplan, in his 42nd year on the bench, said it's good to give jurors more information, but he anticipates "a lot of problems."
"I think it gives an advantage to the state because they have the burden of proof," Kaplan said. "I don't think either side should have any advantage."
He said he thinks the questions could slow trials. Also, he is concerned jurors will focus on issues that are irrelevant to the evidence presented in court.
A few weeks ago, a deliberating jury sent out a note to Kaplan asking why the prosecution had not given them any income tax forms filed by an accused drug dealer. The jury wanted to see his reported income. "It seems they thought that he would file an accurate income tax form, even if he was breaking the law by selling drugs," the judge joked.
Palm Beach County Judge Barry Cohen, who has been letting jurors ask questions in some trials for about five years, said he had no problems. Recently, though, after reading new appeals, he said he had second thoughts.
"I started doing it because a trial is a search for the truth, but it may mess up the attorneys' strategies," Cohen said.
Jurors with the best of intentions, he said, may ask a question such as, "Was the defendant in jail?" The law requires a judge to answer that the question is not legally relevant, regardless of whether the person was locked up.
"How do we then prevent the jury from inferring, 'The judge doesn't want us to know the suspect was in jail,'" Cohen said.
Milton Hirsch, a Miami defense attorney for 25 years, co-wrote the "Bench Guide," a reference book many judges use. He said the rule change will encourage jurors to abandon their traditionally neutral role.
"Jurors shouldn't cross over the line and question witnesses," Hirsch said. "It cheats the system when one party meddles in and takes over the role of another."
Some questions are fraught with unforeseen problems, even for lawyers trained to ask only questions to which they already know the answers. The reasoning is that attorneys can get ambushed if they make assumptions.
Research shows that when questions are permitted, jurors generally don't ask a lot of them and typically stick to appropriate issues. Studies also indicate jurors report less stress and are more attentive when they are allowed to ask questions. About one-third of states and many federal courts allow the practice, and grand jurors and military court juries have long been permitted to ask questions.
However, jurors may want to ask about issues that cannot be legally raised. If jurors ask questions that cannot legally be answered at trial, the defense will argue that jurors are focusing on improper issues.
Some lawyers predict: "It's going to open a whole new area of appellate opinions."
See: Amendments to Florida Rules by clicking here.
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