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Justice committee For cause. Well, we try for cause, at a judge's discretion.
February 6th, 2018Committee meeting
Sandra Donaldson
Justice committee That's what you have peremptory challenges for.
February 6th, 2018Committee meeting
Sandra Donaldson
Justice committee Texas has a program. Texas has instilled legislation that has a program such as that. I have a couple of articles that I will forward to the committee on not only a summary of what state courts have concluded and are implementing as changes, but also, to answer your question, the
February 6th, 2018Committee meeting
Sandra Donaldson
Justice committee You see some examples of jurists themselves talking in social media, but I'm not aware of any media attention only.
February 6th, 2018Committee meeting
Sandra Donaldson
Justice committee In the many personal injury trials I've been involved in, we have frequently seen a juror cry. Working for the defence, I'll sit there and say oh, we just lost that juror. They're going to vote for the plaintiffs. Lo and behold, they're able to separate that out. We find out afte
February 6th, 2018Committee meeting
Sandra Donaldson
Justice committee Yes, in two ways. If there's a written questionnaire and we start getting unusual responses, or outrageous responses with some venting or anger, we know that this is a person whose emotions can't be controlled, and we're going to look closely at that. Generally, we don't know unt
February 6th, 2018Committee meeting
Sandra Donaldson
Justice committee There's stipend. I think at that time it was maybe $30 a day or $40 a day. The most we see in the United States is about $40 a day. Large companies usually pay their employees. Government workers usually are paid for jury service. It's people who work at smaller businesses. I thi
February 6th, 2018Committee meeting
Sandra Donaldson
Justice committee Yes.
February 6th, 2018Committee meeting
Sandra Donaldson
Justice committee If it's a trial of more than a few days or a week, those people do get shut out, but they can usually manage for a short trial. I have had numerous long trials in my career and those jurors are definitely shut out. In fact, we will sometimes call for a special pool of 500 jurors
February 6th, 2018Committee meeting
Sandra Donaldson
Justice committee I have a small comment on that. Many trials I've been involved in have had naturally occurring breaks, like a four-day weekend for Thanksgiving or the holidays, or the Jewish holidays in September and October. There are many breaks in a trial. In New Orleans, they break for Mar
February 6th, 2018Committee meeting
Sandra Donaldson
Justice committee Unless a judge helps to control because of the graphics. The parties have to talk to a judge, and generally they won't come to an agreement. They just have opposing strategies for trial.
February 6th, 2018Committee meeting
Sandra Donaldson
Justice committee That's the rub. Prosecutors or plaintiffs in personal injury cases want to make the evidence as graphic and real as possible because their support is going to come from jurors who feel the pain and identify with the victim. The defence on the other side wants to make it into more
February 6th, 2018Committee meeting
Sandra Donaldson
Justice committee In the United States, once a juror is done with a trial the judge says, “You are free to speak with anyone you wish to speak to about your experience”, so they do have the opportunity. I've conducted a lot of post-trial juror interviews and the jurors, particularly in longer tria
February 6th, 2018Committee meeting
Sandra Donaldson
Justice committee Thank you very much. I would like to say thanks to the committee for inviting the American Society of Trial Consultants to speak to you. I understand that trial consultants are rarely used in Canada, and perhaps after speaking today that might change a little. Many brilliant a
February 6th, 2018Committee meeting
Sandra Donaldson