Jury Impeachment Chapter

Author:Colin Miller
Pages:1-27
 
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Jury Impeachment Chapter
I. The Rule
Federal Rules of Evidence. Rule 606.
Juror’s Competency as a Witness….
(b) During an Inquiry into the Validity of
a Verdict or Indictment.
(1)
Prohibited Testimony or Other
Evidence.
During an inquiry into the validity
of a verdict or indictment, a juror may not
testify about any statement made or incident
that occurred during the jury’s deliberations;
the effect of anything on that juror’s or
another juror’s vote; or any juror’s mental
processes concerning the verdict or
indictment. The court may not receive a
juror’s affidavit or evidence of a juror’s
statement on these matters.
(2)
Exceptions
. A juror may testify about
whether:
(A) extraneous prejudicial information was
improperly brought to the jury’s attention;
(B) an outside influence was improperly
brought to bear on any juror; or
(C) a mistake was made in entering the
verdict on the verdict form.
FED. R. EVID. 606(b).
In 2009, the Committee on Rules of Practice and Procedure of the
Judicial Conference of the United States Courts decided to “restyle”
the Federal Rules of Evidence. The goal in this project was to make
the Rules more user friendly rather than to enact substantive changes.
Below is a side by side comparison of the current Rule 606(b) and the
“restyled” Rule 606(b). Because the changes were intended to be
stylistic only, everything discussed in this chapter should continue to
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be good law after the “restyled” Rules take effect on December 1,
2011.
Previous Rules Language
(b) Inquiry into validity of
verdict or indictment. Upon
an inquiry into the validity of a
verdict or indictment, a juror
may not testify as to any matter
or statement occurring during
the course of the jury’s
deliberations or to the effect of
anything upon that or any other
juror’s mind or emotions as
influencing the juror to assent
to or dissent from the verdict or
indictment or concerning the
juror’s mental processes in
connection therewith. But a
juror may testify about (1)
whether extraneous prejudicial
information was improperly
brought to the jury’s attention,
(2) whether any outside
influence was improperly
brought to bear upon any juror,
or (3) whether there was a
mistake in entering the verdict
onto the verdict form. A juror’s
affidavit or evidence of any
statement by the juror may not
be received on a matter about
which the juror would be
precluded from testifying.
Restyled Rules Language
(b)During an Inquiry into the
Validity of a Verdict or
Indictment.
(1)
Prohibited Testimony or
Other Evidence.
During
an inquiry into the validity
of a verdict or indictment, a
juror may not testify about
any statement made or
incident that occurred
during the jury’s
deliberations; the effect of
anything on that juror’s or
another juror’s vote; or any
juror’s mental processes
concerning the verdict or
indictment. The court may
not receive a juror’s
affidavit or evidence of a
juror’s statement on these
matters.
(2)
Exceptions
. A juror may
testify about whether:
(A) extraneous prejudicial
information was
improperly brought to
the jury’s attention;
(B) an outside influence
was improperly
brought to bear on any

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