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Speaking Outside the Box: Juror Questioning of Witnesses at Trial

By Mary Clare Bonaccorsi

It would be unheard of if a student were to be told that he or she was required to master a course of study without having the ability to voice any questions along the way. In fact, from Socrates' time to the present, teachers at all levels typically encourage interactive learning. Until recently, however, the process through which a jury arrives at the facts of a given case is a fairly passive process ' with the exception of the deliberative process at the close of the case.

Juries are frequently criticized for: 1) 'run-away' multimillion dollar verdicts; 2) an inability to evaluate complex, technical, and contradicting evidence; 3) a lack of open-mindedness and impartiality, and 4) an overall unwillingness to become fully engaged in the fact-finding process. Perhaps these criticisms are unfair given the juror's inability to question individual witnesses during the trial.

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