Friday, May 17, 2024

Jurors May Consider Their Own Life Experiences in Analyzing Evidence But Not Share Specialized Knowledge

 Jurors are not robots (or AI) therefore they are not expected to disregard all of their life experiences in analyzing the evidence.  To do so is impossible.  However, if a juror has specialized knowledge or experiences, they may not share them with their fellow jurors during deliberations.  For example, in a medical malpractice case involving an alleged faulty knee operation, a juror cannot share "in my knee surgery the doctor didn't do ...like Dr. Defendant."  Or a plumber on a jury could not share his expertise if the negligence at issue is related to his field of expertise.  (I cannot imagine why the plumber would not be excused from service). A juror that does so commits misconduct.

Check out: To Be "Impartial" Must a Juror Reject His Own Life Experiences? 54 UIC J. Marshal L. Rev. 627 (2021) at p. 644

Experts in the Jury Room, 69 Stan. L. Rev. 911 (2017) 

In re Malone, 911 P.2d 486-487 (Cal. 1996) (psychologist juror committed misconduct in critiquing polygraph study admitted in evidence) 

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