19 Pages Posted: 7 Apr 2005
When jurors complete their service, they often encounter situations in which they must decide whether to reveal or discuss what went on in the jury room during their jury service. In the United States a prohibition of such speech by former jurors would generally run afoul of the First Amendment and be unenforceable. Nevertheless, there are ethical principles that former jurors should consider before speaking about their deliberations. This essay addresses those ethical considerations and canvasses situations in which former jurors might have to choose whether to talk, to whom to speak, and what to say. It concludes with a sample jury instruction on the topic for judges to give to jurors at the end of their service.
Suggested Citation: Suggested Citation
King, Nancy J., Ethics for the Ex-Juror: Guiding Former Jurors After the Trial. JURY ETHICS, James Levine, John Kleinig, eds., Paradigm Publishers, Forthcoming. Available at SSRN: https://ssrn.com/abstract=700745