San Bernardino California Jury Instruction - Note-Taking - Not Permitted

State:
Multi-State
County:
San Bernardino
Control #:
US-11CRT-2-2
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Word; 
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Description

This is a model text for an instruction to jurors regarding the taking of notes. It explains that notes should not be taken, due to the desire that the collective memory of the jury be used during deliberations, and that all exhibits and recorded testimony will be made available to the jury at the time of deliberations. An annotation states that juror's note taking or not is within the discretion of the court.

San Bernardino California Jury Instruction Note-takingin— - Not Permitted: A Detailed Description In the legal realm of San Bernardino, California, the jury instruction regarding note-taking during a trial holds significance. When members of the jury are informed that note-taking is not permitted, it implies that they are strictly prohibited from engaging in any form of writing down or recording information during the trial proceedings. This specific jury instruction is aimed at maintaining fairness and impartiality throughout the trial process, ensuring that jurors' focus remains solely on the evidence presented and the arguments made by both the prosecution and defense. By refraining from note-taking, the jurors are encouraged to actively listen, evaluate, and weigh the testimony, exhibits, and arguments without any external aids or distractions. Notably, there might be various types or variations of the San Bernardino California jury instruction on note-taking, including: 1. San Bernardino California Jury Instruction Note-takingin— - Prohibition: This instruction straightforwardly limits jurors from taking any notes, emphasizing the importance of relying solely on their memory and paying close attention to all the relevant information presented. 2. San Bernardino California Jury Instruction Note-takingin— - Partial Summaries Allowed: In certain cases, the court may permit jurors to take limited notes, restricted to general reminders or summaries rather than recording details or verbatim statements. 3. San Bernardino California Jury Instruction Note-takingin— - Permitted and Discarded After Each Day: Some trials might involve a unique instruction where jurors are allowed to take notes during each day of the trial but are required to discard them at the end of each session. This approach aids in preserving the fairness and objectivity by ensuring the jurors do not rely on biased or incomplete notes from previous days. 4. San Bernardino California Jury Instruction Note-takingin— - Optional: While the general rule prohibits note-taking, this instruction gives jurors the discretion to choose whether they wish to take notes during the trial. However, the instruction would typically include a reminder that relying solely on memory is crucial. Regardless of the type, the central purpose behind San Bernardino California jury instructions disallowing note-taking is to promote an unbiased and thorough evaluation of the evidence and arguments presented during the trial. By preventing jurors from taking notes, the court seeks to avoid potential imbalances or unfairness that could arise from unequal note-taking abilities or selective focus on certain aspects of the trial, thereby safeguarding the integrity of the judicial process.

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FAQ

Therefore, simply having a job isn't in itself enough to be excused from jury duty....Hardship excuses may be granted for: having no reasonable transportation. excessive travel to attend. extreme financial burden. undue risk to physical property. mental or physical impairment for those over 70. no alternate care for another.

Record the instructions given by the judge. Do not let the task of taking notes overwhelm you or stop you from listening to the trial. Record as much of the facts as you can but avoid trying to write everything down.

Jurors must be permitted to take written notes in all civil and criminal trials. At the beginning of a trial, a trial judge must inform jurors that they may take written notes during the trial. The court must provide materials suitable for this purpose.

An excuse on the ground of undue hardship may be granted for any of the following reasons: (1) The prospective juror has no reasonably available means of public or private transportation to the court. (2) The prospective juror must travel an excessive distance.

Pursuant to California Code of Civil Procedure Section 209, any prospective juror who has been summoned for service, and who fails to respond as directed and be excused from attendance, may be found in contempt of court, punishable by fine ($1,500), incarceration (5 days) or both.

Although only one state expressly prohibits this practice, in most jurisdictions whether members of a jury are allowed to take notes will depend upon the discretion of the judge.

Most judges allow jurors to take notes during trials. At the commencement of the trial, the jury is handed small notepads and pencils for note taking. The judge also typically gives the jury some basic administrative instructions about what to do with the notebooks when they are finished each day.

Other Jury Duty Excuses in California extreme financial burden. undue risk to physical property. mental or physical impairment for those over 70. no alternate care for another.

Common Effective Jury Duty Excuses Extreme Financial Hardship.Full-Time Student Status.Surgery/Medical Reasons.Being Elderly.Being Too Opinionated.Mental/Emotional Instability.Relation to the Case/Conflict of Interest.Line of Work.

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San Bernardino California Jury Instruction - Note-Taking - Not Permitted