§ 3.06 JURY DELIBERATION, VERDICTS AND POSTTRIAL MOTIONS

• Jurisdiction: United States

§ 3.06. JURY DELIBERATION, VERDICTS AND POSTTRIAL MOTIONS

[A] Exhibits in the Jury Room

The practice of permitting tangible exhibits and documents into the jury room during deliberations is firmly established, although the trial judge has discretion in this context. However, the Rules of Evidence specify that learned treatises¹²⁷ and statements admitted as recorded recollection¹²⁸ may be read to the jury but not taken into the jury room. Illustrative evidence (e.g., models) is often not sent to the jury room.¹²⁹ Jury experimentation with the exhibits may be a problem if the jury does more than inspect and examine the exhibits as they were used at trial.

[B] Post-verdict Hearings and Motions

When the jury returns its verdict, it is read in open court, at which time losing counsel may ask for the jurors to be individually polled.¹³⁰ A motion for a directed verdict may also be made at this time,¹³¹ as well as a motion for a new trial.¹³² If there is a conviction in a criminal case, a sentencing hearing will be scheduled for sometime after a pre-sentence investigation and report are completed.¹³³ The next step is meeting the deadline for perfecting an appeal.¹³⁴

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Notes:

^[127] Fed. R. Evid. 803(18). See Graham v. Wyeth Labs., 906 F.2d 1399, 1414 (10th Cir. 1990) (permitting treatise injury room raises danger that jurors will be unduly impressed by treatise). See also infra § 33.16 (learned treatises).

^[128] Fed. R. Evid. 803(5). This provision is intended to avoid the risk that the record will be given undue weight. See also infra § 33.09 (recorded recollection).

^[129] See United States v. Wood, 943 F.2d 1048, 1053 (9th Cir. 1991) ("[P]edagogical devices should be used only as a testimonial aid, and should not be admitted into evidence or otherwise be used by the jury during deliberations.").

^[130] See Fed. R. Crim. P. 31(d) ("If the poll reveals a lack of unanimity, the court may direct the jury to deliberate further or may declare a mistrial and discharge the jury.").

^[131] See Fed. R. Crim. P. 29(c) (If the jury returns a verdict of guilty or is discharged without having returned a verdict, a motion for judgment of acquittal may be made or renewed within 14 days after the jury is discharged or within such further time as the court may fix during the 14-day period. If a verdict of guilty is returned, the court may set aside the verdict and enter judgment of acquittal. If no verdict is returned, the court may enter judgment of acquittal.).

^[132] See ...