Relates to jury deliberations

• Democratic8
• Republican6

◆ The sponsor's argument

Why Roxanne J. Persaud says this is needed

This bill aims to provide jurors with written information and instruc- tion pertinent to consideration of the case. Doing so will alleviate the stress of having to remember crucial definitions that can potentially determine the faith of a trial, especially knowing that both oral instruction and jury verdict forms are not easy to understand. In 2016, Tiarah Poyau's life was taken due to a senseless gun violence act at a well-known festival in Brooklyn. She was in her last year of a five-year program at St. John's College, where she was studying to be an accountant. Based on the New York State Unified Court System, 465,365 jurors appeared for service in 2019. When cases are tried continuously, it is easier for the jurors to deliberate their findings or deliberations when giving written instructions that can be helpful to them. The State of New York does not permit jurors to take the jury instruction with them to the deliberation room. This legislation permits a trial judge to respond to a deliberating jury's request for written instructions on the elements of one or more of the crimes or defenses submitted by providing the requested materials to the jury. It is not uncommon, especially in complex prosecutions involving numer- ous counts with multiple defendants, for a deliberating jury to ask the trial judge to provide them with written instructions on elements of some or all of the offenses submitted, and any related defenses. There is nothing in the existing law that permits a court to provide the jury with these materials. A trial: a judge who complies with such a request, especially without first obtaining the defendant's consent, may be committing a reversible error, hence People v. Damiano (1995); People v. Johnson (1993) and People v. Owens (1987). When the court provides jurors with a written definition of the differ- ent charges they have to consider during a trial, it can ensure the jury deliberation process would be fair. This can result in victim families getting the trial they deserve. No family member would like to see the killer of their loved one receiving a lesser charge than what they should get. With this legislation, there would be no need to obtain the consent of the parties before such submission. Counsel for both parties would be permitted to examine the written instructions and listen to thereon. Then the documents are marked as a court exhibit before their submission to the jury. Before submitting the written instruction, the judge would have to re-read the instruction to the jury. This measure would facilitate the deliberative process by allowing a jury that requests to take into its deliberations written instructions regarding the elements or defenses submitted for its consideration. In Oregon and, Virginia jurors can take the written copies of the jury instruction to the jury room. Arizona State allows jurors to take notes that must remain in the jury room. The State of Texas allows jurors to take notes to be able to refresh their memory. This bill allows jurors to request information or instruction from the court that is relevant to the current trial. Doing so will prevent jurors from delivering inconsistent answers on the verdict forms as well as other comprehension errors.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.