given that that's what their judgement is supposed to be based on.

Last edited Sat Jul 13, 2013, 08:23 PM - Edit history (1)

never ending, repetitious testimony.

When an item is entered into evidence, it is given an exhibit designation and jurors most likely wrote that designation in their notes.

Is this new? I thought they just had to sit and listen and rely on their memories, and ask for testimony to be reread if they forgot something.

When they think they need their notes, they need to ask for the record instead, said the judge.

It's FL, so I guess I don't expect sanity.

...they could keep notes during the trial to refresh themselves at night or even before deliberations but when they're sitting at that table with the other jurors no notes are allowed. The judge did reference they could take their notes back to the jury room during the instructions. IRC in some trials the judge has the right to confiscate the notes and seal those as part of the case evidence.

Notes

During this trial, I have permitted you to take notes. You will be allowed to take those notes into the jury room during deliberations. You are instructed that your notes are a tool to aid your individual memory. You should not compare your notes with those of other jurors in determining the content of any testimony or in evaluating the importance of any evidence. Notes are for the note taker's personal use in refreshing his or her recollection of the evidence. They are not evidence. Above all, your memory should be your greatest asset in your recollection of the evidence.

".....Notes are for the note taker's personal use in refreshing his or her recollection of the evidence....."

They CAN use/read their own notes to jog individual memories. As it should be.

Nobody can be expected to keep everything in their head. Their own notes are important since they likely won't have the actual exhibits afforded to them in deliberations. The note taking is a good way to know if jurors are really paying attention, too. Though they can ask for certain testimony to be read back for clarification of a point that may not always be granted by the judge, and it's time consuming. If they couldn't take notes everyone would end up back in court having things clarified constantly. Cases with a lot of evidence especially those that are technical and outside the basic knowledge of the layperson jurors would have pages and pages of notes just for understanding technicalities alone.

Without an index of the evidence how would they know what to ask for if they feel the need to revisit something submitted during the trial?

the exhibits were going to into the jury room: "During the trial, items were received into evidence as exhibits. You may examine whatever exhibits you think will help you in your deliberations. These exhibits will be sent into the jury room with you when you begin to deliberate."

So there must not have been any sort of index for the exhibits. I didn't watch the trial, so I don't know how many exhibits there were. I'm assuming enough that an index would be helpful.

It's a useful thing

If the jury gets to have all the exhibits during the deliberations then I can certainly see why they would want an index of them to keep them all straight. Seems to me they should have gotten an index with them to begin with. There's lots and lots of exhibits in this case.