Is it Permissible for a Juror to Take Notes During a Trial? Can Those Notes Be Used as Evidence in the Case?

The practice of jurors taking notes during a trial varies by jurisdiction and personal preference. Some states permit jurors to take notes, but these notes are for the juror's own use in deliberations and are not considered evidence.

Permissibility and Use of Notes:

Yes, in many cases, jurors are allowed to take notes. However, these notes are not considered evidence. They are merely a record of things the juror found significant during the trial.

Most judges believe that jurors listen better without taking notes. Notes can be distracting and may interfere with the jurors' ability to fully concentrate on the evidence presented.

Case Studies and Judge's Perspectives:

According to testimony, in most of the cases, judges allow jurors to take notes. For instance, in Wisconsin, every judge who tried a case allowed note-taking. If the trial extended over multiple days, jurors were required to leave their notes in a designated jury room before returning home. Notes were then reviewed during deliberations but destroyed after the verdict was rendered and the judgement entered. Often, these notes were not included in the court record.

Another perspective notes that the decision on whether jurors should take notes can depend on the judge's viewpoint. Some judges find it helpful, while others believe it can be distracting. However, the rule is typically that either everyone takes notes or no one does. Generally, notes are collected and destroyed by the court.

Details from Specific Jurisdictions:

In a case in California, the court provided notes and pencils for juror use. These notes are the property of the court and cannot be taken home. Jurors are permitted to use their notes during deliberations but are not allowed to bring electronic devices like iPads, as they pose a security risk.

In New Zealand, jurors are allowed to take notes, but these notes are the property of the court and cannot be taken away or shown to anyone outside of the court. The notes can only be shared among fellow jurors.

Conclusion:

While there are variations in the rules and practices across different jurisdictions, the key takeaway is that while jurors may take notes, these notes are generally not admissible as evidence in court. Judges and court procedures often play a significant role in determining the process and disposal of these notes. The overall goal is to ensure a fair and focused jury deliberation without external distractions.