Cornell law professor Sherry F. Colb responds to a colleague’s claim (yet unconfirmed) that jurors have an easier time distinguishing truth from falsehood when they read a transcript of testimony than when they listen to and watch the testimony directly. Assuming the claim is true, Colb describes why that claim might at first be surprising and also why, on further consideration, it makes sense. She proposes that if the claim is true, we ought perhaps to consider whether the distractors inherent in live testimony should excludable under the Federal Rules of Evidence.
Cornell law professor Sherry F. Colb comments on a case in which the US Supreme Court recently granted review, Ramos v. Louisiana, which presents the question whether states may permit conviction of an accused criminal on less than a unanimous jury voting “guilty.” Colb explains the doctrine of incorporation—by which most provisions of the Bill of Rights are held to be applicable as against the states as well as the federal government through the Fourteenth Amendment—and explains the possible significance of a unanimous jury verdict.
In response to a recent episode of the podcast Radiolab that relates the story of a juror who was prosecuted for attempting jury nullification, Cornell University law professor Sherry F. Colb considers how we ought to think about the power of jurors to acquit for any reason. Colb explains what jury nullification is and describes some situations in which it is most clearly appropriate and some in which it is problematic. She also proposes a solution to address bias in all phases of the criminal process, rather than just prosecution and trial.
Cornell University law professor Sherry F. Colb considers the arguments on both sides of a difficult question currently before the Supreme Court—whether a defendant is entitled to use juror testimony to impeach a verdict based on racial bias, notwithstanding a contrary rule of evidence. Colb describes the facts leading up to the case and discusses the jurisprudence that will most likely affect the justices’ ultimate decision.