Evidence-Wellborn SU2006 Outline

Court may only make an objective assessment of the

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Unformatted text preview: on outside information about the case not admitted into evidence (newspaper articles etc.) Outside influence improper exposure to third parties (D's brother threatens to break juror's legs) Note: Jurors may not testify about the manner in which such exposure affected the deliberative process. Court must make an objective assessment of the impact the exposure would have on the average juror. (IMPORTANT!) o Ex: Portion of juror affidavit that indicated she visited the crime scene considered by court, but court declined to consider affidavit in which the juror described her perceptions of the crime scene as impermissible testimony about her mental processes. Examples Inadmissible: That the jury considered D's failure to testify That the jury misunderstood the jury instructions That the jurors intimidated ONE ANOTHER Examples Admissible: Evidence concerning consulted books or newspapers Juror conducted an experiment or investigation. Juror was subjected to bribes or threats by a third party Juror...
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