NYU Civil Jury Project

We're deeply saddened to share the news that #GreatTrialsPodcast guest and leading Texas trial lawyer Stephen Susman passed away on July 14. Our hearts go out to his family and all of his colleagues at Susman Godfrey LLP. #restinpeace

Michael Pressman, one of our research felllows, writes on "The Challenge of Achieving a Representative Cross-Section of the Community for Jury Trials during the Pandemic." Check it out here: https://civiljuryproject.law.nyu.edu/3200-2/

Professor Gensler, the Hon. Lee Rosenthal, & the Hon. Patrick E. Higginbotham write on bringing back 12-person civil juries: Over the last 40-plus years, the 12-person civil jury has gone from being a fixture in the federal courts to a relative rarity. We should all be concerned. That the Supreme Court has allowed us to use smaller juries does not require us to use them. We can use 12-person juries. The benefits are large; the disadvantages marginal." Read more: https://civiljuryproject.law.nyu.edu/better-by-the-dozen-b/

"Even in-person jury selection is a complex process with many moving parts. Moving to a remote platform would amplify those complexities. The following could potentially mitigate those new difficulties, helping jury selection succeed in a remote platform." Read more: https://civiljuryproject.law.nyu.edu/suggestions-for-remot/

Michael Shammas, one of our research fellows, writes about how judges may need to alter their usual practices as online hearings and trials begin replacing physical ones during the COVID-19 pandemic. "Given the brain’s tendency to wander, what about their usual style should judges alter when conducting trials and hearings over platforms like Zoom? How can judges account for the differences between online and physical interaction?" https://civiljuryproject.law.nyu.edu/the-trial-of-counting/

Our July newsletter continues to explore COVID-19's impact on the American jury, with articles by our research fellows (Michael Pressman & Michael Shammas); by Professor Gensler of OU Law School; and more. Read it here: https://myemail.constantcontact.com/July-Newsletter-of-the-

Below, our research fellows (Michael Pressman and Michael Shammas) analyze, in the form of a legal memorandum, whether online jury trials are constitutional and permissible under federal and local rules. This question is likely to be met with increasing urgency as the Covid-19 crisis continues. https://civiljuryproject.law.nyu.edu/memorandum-the-permis/

"Last Thursday, the Civil Jury Projectwith the help of many contributorsconducted a mock jury trial over Zoom. This endeavor had several goals: (1) demonstrating to judges and attorneys across the country that jury trials can successfully be carried out over Zoom, (2) showcasing how various specific features of jury trials can work on Zoom (e.g., side bars; in camera voir dire; jury questions during deliberation), (3) learning by doing: observing what went well and what did... not go well, and (4) relatedly, learning by hearing from all participants involved (especially the jurors): hearing what, from their perspective, went well and what could be improved. This report provides an overview of how we carried out the process and what our findings were. By all accounts, the exercise was a great success. This is not only because it ran smoothly, but also because of everything it enabled us to learn about ways in which the process could be tweaked and improved." Read more: https://civiljuryproject.law.nyu.edu/a-report-on-the-civil/

"Trial by jury was guaranteed in Argentina since 1853, when three different sections of our country’s constitution established jury trial not only for criminal trials but also for other branches of the law. As with every Constitution of the Latin American countries during the XIX century, it was strongly inspired by the US Constitution of 1787 and the ideals of the French Revolution, where trial by jury was a main feature of the Judicial Power." Read more: https://civiljuryproject.law.nyu.edu/the-dawn-of-the-civil/

Judge Mark Drummond (ret.) writes on "advocacy through the computer screen": "The pandemic has accelerated our turn to technology. During the past two weeks, I have reviewed administrative orders from federal and state courts throughout the country. To a one, they encourage judges to embrace technology to provide access to justice." Read more: https://civiljuryproject.law.nyu.edu/advocacy-through-the-/

We hope everyone is staying safe and healthy during these challenging times. In our June newsletter, we describe the results of a mock jury trial we held in late May over Zoom. The trial was successful and imparted lessons that will be relevant if social distancing is to continue. This issue also includes a piece by Argentinian professors about their efforts to bring civil jury trials to Argentina. The Civil Jury Project thanks its Executive Director, Steven Susman; its Judicial Director, Mark Drummond; its administrative assistant, Kaitlin Villaneuva; its research fellows; and all the judges, lawyers, and NYU Law students who came together to make our mock trial possible. Read about it here: https://myemail.constantcontact.com/June-Newsletter-of-the-

Thank you to everyone who participated in our online virtual trial yesterday.