August 11 ARIZONA: Study: Dissenting Jurors Get Short Shrift -- Critics say minority view gets less weight on juries not requiring unanimity A unique study of nonunanimous juries in Arizona -- based on videotapes of 50 real civil jury trials and deliberations -- found that some panels gave short shrift to dissenting jurors. The findings of the study, soon to be published, lends credence to critics who say nonunanimous juries suppress dissent and don't test evidence as rigorously. Advocates of nonunanimous juries -- which operate in the majority of states -- say they provide a safeguard from obstinate or erratic jurors and cut down on the number of hung juries. But the study, scheduled to be published in January in the Northwestern Law Review, is already causing a stir. Arizona Civil Presiding Judge Charles V. Harrington said he's disturbed by the findings. "We as a court have not considered that a majority -- when it reached a consensus -- would sometimes just dismiss dissenting views. It concerns me," Harrington said. "It is something that has never been brought to our attention by advocates or jurors. This will cause us to take a another look at the cost and benefits of nonunanimity." But plenty of attorneys still like nonunanimous juries. Arizona plaintiffs attorney and trial consultant David Wenner is an advocate of quorum juries. "It's difficult enough to win a plaintiff's case, and to put one more hurdle [unanimity] in the way of a plaintiff's ability to recover raises the bar that much higher in an era where there's clearly an anti-plaintiffs bias," said Wenner of Phoenix's Snyder & Wenner. The study estimates that nonunanimous juries prevent retrials in 0.5 percent of cases. It questions whether such small savings are worth the "loss in the quality of debate within the jury." While a few juries pressed for unanimity in the study -- even though the agreement of just 6 of 8 jurors is needed to reach a verdict -- many took votes before discussing the evidence, and cut off debate if they had the numbers to reach a verdict, according to the study. A few juries discouraged input on damages from jurors who had voted against liability. The tapes of trials of various types, lengths and complexities were made in Pima County, Ariz., from 1998 to 2001, to evaluate numerous innovations that the state had made to allow jurors to become more active participants in trials. Northwestern University law professor Shari Seidman Diamond, the principal author of the study, found that 16 of the 50 verdicts, or 32 percent, were by quorum. One jury hung. In a few of the 33 "unanimous juries," former dissenters said at the last moment that they would side with the majority so that only the presiding juror would have to sign the verdict form. "It is clear that a thoughtful minority of jurors may be marginalized when majority jurors have the power to ignore them in reaching a verdict," she said of the study's conclusions. "Looking at the jury-deliberation process, there is every reason to expect jury awards to be more stable and predictable when juries deliberate under a unanimity requirement," she added. The study found that: Judges would have sided with dissenting jurors in six of the 13 nonunanimous cases in which judges filled out questionnaires, which indicated how a judge would have decided a case if it had been a bench trial. There was no evidence that the dissenting jurors' positions were either odd or extreme. Jurors were sometimes unclear -- and received no instruction -- on what role an outvoted dissenter on liability should play in damage discussions. There was no evidence that outvoted dissenters were more likely to favor a plaintiff than a defendant. Majority jurors and dissenting jurors on nonunanimous juries rated their deliberations as less thorough and their fellow jurors as less open-minded than did jurors on unanimous juries. The study finds that the agreement between judges and holdout jurors in such a substantial number of cases suggests that the conflicts on these juries poses the exact challenge that a "deliberative process should address." The videotapes provide evidence that the jury occasionally reached premature closure when the majority appeared to have the requisite number of votes, even when some of the votes were tentative. (source: The National Law Journal) FLORIDA: Sprung jury: Judge dismisses whole panel----Incident may lead to changes A death-penalty murder trial postponed Wednesday -- in part because of jury misconduct -- may result in changes on how jurors are summoned and where they will be allowed to congregate in the courthouse. Judge Lisa Davidson disqualified an entire jury panel and threatened to hold one juror in contempt of court as attorneys and prosecutors spent two full days trying to assemble a jury in Jason Tucker's murder trial. Tucker is accused of killing an Indian Harbour Beach woman in 1993 in a complicated case which relies heavily on forensic evidence. Davidson admonished a potential juror for discussing the case in the main hallway outside the courtroom and another for printing articles about the case for "research." In addition, many jurors were excused because family members had been victims of violent crimes. "This has been an unusual selection of jurors," Davidson said after deciding to dismiss the panel of 62 jurors. "We need to stop and regroup. I want to do this right the first time, and losing a few days is not as important as dealing with errors in the future." Based on conservative figures obtained from the county, it costs about $1,800 per day to staff a courtroom. The cost in this case includes the use of a senior judge who was assigned to handle Davidson's docket this week while she presided over the trial. Davidson, who is the administrative judge for jury management, said she might consider sending jury instructions or court orders along with jury summonses to explain the importance of not discussing cases. She asked defense attorney Keith Szachacz to assist her on that project. Jurors are instructed when they report to jury duty not to discuss or read about the court cases. They are then similarly warned during the voire dire process -- when they are asked specific questions by defense attorneys and prosecutors in front of a judge to determine whether they're fit for jury duty in a given case. Defense attorney Kepler Funk suggested that jurors not be allowed to congregate in the hallways outside the courtroom and that somebody -- a courthouse deputy perhaps -- be asked to monitor them. "When a judge orders jurors to do something, they had better do it," he said. Funk said he has only seen a judge strike an entire panel once before, while practicing in the Panhandle. "Jurors need to be in a controlled environment, not milling around," he said. "We're not in a coffee shop. A man's life is at stake here." Davidson hoped the case could be rescheduled for Monday, but that hinged on availability of witnesses and attorneys. Because of a logjam of court cases, the next earliest trial date would be February or March, she said. Another oddity, lawyers said, was the high number of panelists who had to be questioned individually at length because of issues that had occurred to them or their loved ones. "This was a cross-section of the community that has experienced a lot of pain," said Assistant State Attorney Bill Respess. "I would say that 80 percent had to be struck for one reason or another. It was just not happening." Added Funk: "I've never seen anything like it. It's just the luck, or bad luck, of the draw." Expected behavior Carefully follow all instructions of the judge. Be on time for court. The trial cannot proceed until all jurors are present. Sit in the same seat in the jury box. This allows the judge, lawyers and clerk to identify you more easily. Do not talk to anyone about the case until the judge instructs that you are allowed to do so. This includes the clerk, lawyers, judge, bailiff, family and friends. Prospective jurors? Jury lists are drawn at random from the driver's license lists of motorists 18 years of age and older. Also used are the names of individuals 18 and older who hold identification cards issued by the Department of Highway Safety and Motor Vehicles. The names of nondriver Florida (Brevard County) residents who voluntarily submit affidavits offering their names for possible use in compiling jury lists are included. (Brevard Clerk of Courts and FLORIDA TODAY research) (source: Florida Today) US MILITARY--(KANSAS): Doing Time at Leavenworth There are 3 kinds of Soldiers at the U.S. Disciplinary Barracks at Fort Leavenworth, Kan. - the ones with no rank or pay, and those with keys. Handcuffs and steel doors keep the inmates confined, but its the tenacity of corrections specialists that cramps inmates potential for trouble. The USDB is the only maximum-security prison within the Department of Defense. Of 440 male inmates, 6 are currently on death row and 10 are serving life without parole. Female felons are locked away at the Naval Consolidated Brig in San Diego, Calif. "Unless something unusual happens, this is a very calm environment. But these are bad guys, and in several cases they committed some pretty hideous crimes. Thats all we need to know to stay vigilant," said COL James W. Harrison Jr., commandant of the USDB. Confinement Prisoners lives are molded by the degree of supervision needed to minimize risk to others. Custody grades include installation trusty, minimum, minimum inside only, medium and maximum. The special-housing unit is reserved for inmates who could be locked up 23 hours a day. Food is slid into cells through narrow slots, and a small window at the foot of each door lets the guards, known within the USDB as correctional specialists, chain inmates ankles before theyre escorted out for showers or fresh air. "Every time one of these inmates moves, 2 or 3 staff members are with them. The correctional specialists actually have more contact with maximum-security inmates than those who pose fewer risks," said CPT Brian Locke, executive officer for the 705th Military Police Battalion, which staffs the prison. Small liberties are granted to inmates who toe the line. They get TV-time and meals served from a food cart in a common area instead of on a tray in their locked cells. Despite prospects of moving to a lower-custody grade for good behavior, some inmates remain in maximum security for most of their stay. "Some of them just don't want to follow rules. And frankly, I think some of them are intimidated about going upstairs into the general population, where security remains tight but greater interaction occurs among inmates," Locke said. "Theres a real comfort level for some inmates here, because they stay in this small area and dont have to deal with other people." The staffs intent is for all inmates to join the general population. Medium- and minimum-security areas contain large open spaces where inmates may spend free time. Despite strong control measures at the USDB, Harrison said inmates there are probably more relaxed than those held in the Armys short-term, regional correctional facilities. "RCFs are much more rigid. Inmates are required to stand at parade rest while they're in line, and they move from one location to another under very tight control," he said. "But this is a long-term environment, so we have to make provisions for that." Even so, security cameras capture every action in every cell and corner of the prison. Rehab Prison isnt forever for most inmates. While counting off the days and years until their release, inmates can participate in as many as 13 treatment programs that focus on self-growth. "In most cases youre not going to cure somebody whos been convicted of a child-sex crime or certain other crimes. But we can reduce the chances that inmates will go out and do the same things again after their release," Locke said. Inmates also have access to traditional education programs and vocational-work details. Apprenticeship programs include carpentry, dental assistance, graphic design, screen printing and welding. Work details are offered in embroidery, textile repair, graphic arts and woodwork. The state of Kansas also offers licensing in barbering, and some details allow inmates to pocket 14 to 80 cents an hour. On Watch Mature, analytical, firm, observant - all required traits for Soldiers standing guard at the USDB. "You can't be bigheaded. If inmates are out of hand and you get irate with them, youve put yourself in a bad situation," said PFC Michael Bruno, whos pulled duty at the prison for a year. Reason and unarmed self-defense are guards sole weapons, as guns arent allowed inside prison walls. All Soldiers assigned to the USDB receive additional training before taking charge of security. Among the lessons they learn are techniques for observing prisoner behaviors that may indicate potential problems. "Correctional specialists must know how to de-escalate any situation an inmate could provoke, whether its directed toward the staff or another inmate," said MSG Edward Baldwin, guard commander. Talk in maximum security isnt always direct. To discern inmates moods, guards usually ask open-ended questions, read body language and sometimes decipher through colorful metaphors blurted by inmates. "Ask an inmate what his problem is and hes most likely to say you're his problem and being locked up is his problem. But thats not the underlying reason for his behavior," Baldwin said. "Someone who is incarcerated is not going to act the same as a person who isnt. There are little nuances we show the correctional specialists to help them identify behavior changes and, ultimately, provide a safe environment for everyone," he added. While guards arent fill-ins for psychiatric experts, theyre observant enough to provide details to mental-health specialists who arrive on site to help disturbed inmates. Compared to civilian prisons, the USDB could be among the safest places for criminals to carry out their sentences, said Harrison. "We benefit from the fact that every inmate has had some military discipline before he arrives. With the rare exception, these arent career criminals," he said. Job Growth Demand for confinement specialists has opened doors for military police assigned to the USDB. By years end the 705th will convert to 3 deployable companies. The headquarters company will become deployable later, followed by the creation of a second deployable headquarters company. "The plan is to be able to deploy one company at a time. The Army has discovered a greater need for military police and internment-settlement specialists," said MAJ Dawn Hilton, the battalion operations officer. The companies wont grow in troop strength, just ability. Soldiers will train and stay polished on tasks for 2 missions - the one theyre responsible for at the USDB, and their new mission of handling detainees in the field, Hilton said. Soldiers currently assigned to the USDB say they're up for the challenge. Duty in the prison is stressful, but turns monotonous after awhile, said SGT Julio Reyna. "It's hard to keep from getting bored sometimes," he said. "But everyone here knows we are doing a very important thing and helping inmates return to society as productive citizens." Baldwin, who is serving a 3rd tour at the USDB, agrees. "I love the fact that I can be a role model. If I can help just one inmate return to society with different thought patterns, then Ive done the right thing," he said. The Leavenworth community is no stranger to prisons. In addition to the USDB, the city hosts a federal maximum-security penitentiary, the Lansing Correctional Facility, and a privately operated prison called the Corrections Corporation of America. Leavenworth is so familiar with prisons that its tourism bureau borrowed "Doin' Time in Leavenworth" as the citys slogan. The USDB has operated since 1875. Sexual offenses currently account for more than half of inmates crimes. The last execution was conducted April 13, 1961. (source: Army News Service) USA: Exonerated prisoners face difficult readjustment Once known as the "Snaggletooth Killer" when he was on Arizona's death row, Ray Krone got a makeover after DNA cleared him in a 1991 slaying. He has addressed the United Nations, toured Europe to protest the death penalty, mingled with celebrities, and even attracted his own groupies. Nick Yarris, released from Pennsylvania's death row in 2004 after DNA exonerated him in a 1981 rape and killing, has been on a similar odyssey, speaking at college campuses and telling his story on TV programs and in an award-winning documentary. Such journeys from prison to prominence are not unlike the experiences of other members of this new and growing population of those who have been exonerated of crimes, especially those released from death row. They are courted here and abroad to speak at anti-death-penalty, social-justice and academic forums, where audiences are spellbound by their horrifying accounts. But the exciting travels and high-profile invitations are a distraction from the grim realities of life after prison. Longtime inmates have lost jobs, homes and, often, their families. They carry the emotional scars of prison and the Kafkaesque trip through the court system as well as the stresses of returning to society. Some revert to past problems such as alcohol and drug abuse. "Emotionally and psychologically, it's a roller-coaster ride," said James C. McCloskey, who heads Centurion Ministries, an organization whose efforts have led to the exoneration of 36 people. "It's like they're a Martian coming down to Earth." Krone said his travels have been an enjoyable distraction. He recalled carrying a banner in a death-penalty protest in Montreal, next to famous activists Bianca Jagger and Catherine Deneuve, and looking back in wonder at the thousands of people behind them. Life outside prison "was a whole new world or other planet," Krone said in an interview at his home in Dover, Pa. "This is part of my therapy, I think, being able to speak about it," he said. The use of DNA testing is perhaps the most important advancement in modern criminology: It helps catch the guilty and absolve the innocent. But the increasing number of people who have now been exonerated nationwide for all crimes -- estimated to be about 350 since 1989 -- raises societal questions of whether and how to compensate inmates who have been cleared, and how to smooth the transition back to society. About 19 states have laws to compensate for the lost years. In Pennsylvania, state Reps. Michael McGeehan and James Roebuck have introduced legislation that would compensate those exonerated of crimes who served time in Pennsylvania prisons, and pay for counseling and other services to help ease the readjustment. Former prisoners also would get $50,000 for every year spent on death row. Krone, who returned home to York County after his release, has won a $1.4 million judgment from Maricopa County in Arizona, but he said most of it went to lawyer fees and other debts from his years of appeals. Ernest Duff, executive director of the California-based Life After Exoneration Program, started in 2003 to help the growing number of people cleared of crimes, said the newly exonerated often suffer from depression, anxiety and posttraumatic stress. "It's very, very lonely, very disorienting, and, for many, it's ultimately frustrating to the point that some of them wish they were back inside," Duff said. Krone, now 48, said he couldn't even sleep on a bed when he first got out because he was accustomed to sleeping on a concrete or metal frame, and he found himself subconsciously avoiding fences because prisoners were barred from walking near fences. Even now, he said, he has a problem believing in people. But Krone, a postal worker with no criminal record who stayed in Phoenix when he got out of the Air Force, said he was fortunate because he had the unwavering support of family and friends back home who prayed, wrote, and believed in him. For people without that kind of support -- especially those who were very young when they went to prison -- life can be very difficult. Although many have little trouble attracting sympathetic women, relationships can be difficult to manage on top of the other stresses of readjustment. One man released from Florida's death row after 16 years, for example, was sentenced last year to 2 years back in prison for assaulting his wife of 4 months. Yarris, who grew up in Philadelphia and spent 22 years on Pennsylvania's death row, said he felt as if he had been stuck in a "time warp" and emerged from prison feeling much like the 20-year-old he was when he entered. "I paid for every stupid mistake I ever made three times over," Yarris told a class at Princeton University last fall. Yarris insists that he is not angry, though people who know him say he is struggling with resentment over the lost time -- 8,057 days on death row. He has a federal lawsuit pending and in May he married a woman who had heard him speak last year in England. The couple settled there while Yarris writes a book. He was featured in a documentary, "After Innocence," which won a special jury prize at the Sundance Film Festival this year. He declined to comment for this article, saying in an e-mail that he now prefers to "concentrate" on the European news media so as not to take "time away from writing my book." His Web site is _www.nickyarris.com. (http://www.nickyarris.com. /) His mother, Jayne Yarris, said her son was a bundle of nerves when he was released. He ate quickly, talked nonstop, and had to reacquaint himself with all sorts of normal lifestyle matters. "It is really a rough, rough time," she said. She said she worried about his readjustment: "When you're pushed in the door, they control your life. When they throw you out, they don't care." She said England is a good change. "England knows him as Nick and not as the one who got off death row." Krone said "a lot of anger and frustration" comes from being falsely accused. He was convicted, got a new trial, then was convicted again because of testimony that his crooked teeth had left a bite mark on the victim's breast. Krone said he had always been sensitive about his crooked teeth, so when the "Extreme Makeover" TV show offered him a new smile and other cosmetic surgery, he accepted the offer. Krone wants to remain in the limelight for as long as possible to keep the pressure on those who snagged him for a horrific crime that he did not commit. "I want to keep this going as long as I can until they acknowledge their mistakes," he said. (source: Knight Ridder Tribune) ALABAMA: Alabamians uneasy about death penalty It has always surprised my friends that even though I have witnessed a number of electrocutions...7 of them, in fact...I still remain a supporter of the death penalty. Surely they say, after seeing so many die in "Big Mama," that hideously painted electric chair, as the inmates call it, that I would have become an outspoken opponent of the death penalty. I have not. And to those who say the death penalty is not a deterrent, I have 2 stock answers: One, it is not called capital deterrent, it is called capital punishment; and 2, it for sure deters the condemned inmate from committing another crime. I will admit that seeing those 6 men and 1 woman die at old Kilby Prison here in Montgomery convinced me that electrocution was not the best way to carry out a death sentence. I became an advocate of lethal injection a long time ago and finally that manner of execution is now an option in Alabama. I bring up this less than pleasant subject because a recent poll shows a growing number of Alabamians have the uneasy feeling that the death sentence is not always fairly applied and because of this they support a moratorium on all executions to give added time to be sure an innocent person is not put to death. The poll did not show any sentiment to outlaw the death penalty. To the contrary, 71 % of the Alabamians surveyed support it, but many of those polled felt that under the present system an innocent person could be executed. Because of this sentiment , 57 % of those polled said they would support a moratorium on executions until all questions about fairness and accuracy can be resolved. State Sen. Hank Sanders, D-Selma, has been advocating a moratorium on executions for years but has had no success. Vigorously opposed to putting a hold on them is Atty. Gen. Troy King. The poll was conducted by the Capital Survey Research Center in Montgomery, an arm of the Alabama Education Association. Because it is the first poll I have seen on what is shaping up to be one of the most intriguing races for lieutenant governor in years, I thought I would share it with you. First off, I must point out that the results of the survey were sent to me in a envelope which also included the announcement of a fundraiser for George C. Wallace Jr., who has already announced his candidacy for lieutenant governor. The survey was conducted in late June by Public Opinion Strategies of Alexandria, Va. But for what they are worth, here are the numbers: Republican Primary: George Wallace Jr. 51 %; Mo Brooks of Huntsville, 6 %; Perry Hooper Jr. of Montgomery 6 % and Terry Butts, 5 %. The poll also indicated Wallace held a commanding lead over Democrat Jim Folsom Jr., should they meet in the General Election. The numbers were Wallace 49 %, Folsom 36 %. It is the possibility of a Wallace-Folsom 1-on-1 battle which is most provocative. Ever since their father's were governors a life-time ago those of us in our trade wondered if the 2 "juniors" would ever go toe to toe. It could well happen in 2006. By the way, the featured guest at the Wallace fundraiser Saturday night...which I did not attend...was U. S. Sen. Lindsey Graham, R-South Carolina, whose conservative views have endeared him to Fox News viewers. Belatedly, I must make mention of the death of one of my all-time favorite legislators. L. D. (Dick) Owen of Bay Minette died at age 86 a couple of weeks ago. I did not learn of his passing until a few days ago. Owen was a 4 term legislator in the 1960s-70s , including 2 terms in the House and 2 in the Senate. He made a difference for good during his years in Montgomery and he deserves a proper send-off. State Auditor Beth Chapman, a Republican, has announced she will not seek a 2nd term in that office in 2006 but will instead challenge incumbent Secretary of State Nancy Worley. Chapman noted that during her 3 years as auditor she has reduced the budget of that office by 25 %. Worley, a Democrat, has come under all manner of fire during her term in office but as a past president of the Alabama Education Association she will be a formidable candidate. (source: Bob Ingram in the Madison County Record)
