Empowering Jurors: The Role of Questions in Trial Proceedings

In recent years, courts across the US have been exploring innovative ways to enhance juror engagement and participation in the judicial process. One such development gaining traction is the practice of allowing jurors to submit questions during trial proceedings. Traditionally, jurors have been passive observers, limited to absorbing information presented by attorneys and witnesses. However, the shift towards juror-submitted questions marks a progressive step in fostering a more interactive and informed jury.

By enabling jurors to pose questions, legal systems acknowledge the active participation of jurors in the legal process. This practice not only empowers jurors by allowing them to seek clarifications on complex legal matters but also contributes to a more transparent and fair trial. Critics argue that allowing juror questions may disrupt the flow of proceedings or inject bias, but proponents contend that well-regulated systems can ensure the questions are relevant, respectful, and adhere to the principles of a fair trial.

Where allowed, questions are submitted to the judge to review for admissibility. Counsel is called to the bench to discuss objections to allowing the question to be answered. Some questions, such as those asking for extraneous evidence or probing about insurance, are rejected. This can lead to juror frustration at not having questions answered as well as a risk of drawing further attention to issues that may be the subject of a motion in limine. Questions that are allowed are posed by the judge to the witness

Plaintiff’s trial consultant, Jessica Brylo, says that questions often help the plaintiff moreso than the defense. Since the plaintiff has the burden of proof, any unanswered questions or gaps in evidence can harm the plaintiff’s case. Giving jurors the opportunity to fill those gaps and have their questions answered is more likely to aid the plaintiff in reaching their burden.

Robert Ray says…

Both Mrs. Brylo and Mr. Ray agree that ideally, counsel will run mock trials and focus groups before trial to anticipate juror questions by testing the case and answering those questions at trial preemptively. Where questions are not

• Jessica Brylo