Evidence: Jury Impeachment
first Edition

Evidence: Jury Impeachment

by Colin Miller

The anti-jury impeachment rule, contained in Federal Rule of Evidence 606(b) and state counterparts, is a rule preventing the admission of jury testimony or statements in connection with an inquiry into the validity of the verdict, subject to certain exceptions. Through a series of cases and hypotheticals drawn from actual cases, this chapter gives readers a roadmap for how to address any jury impeachment issue in practice.

Evidence: Jury Impeachment
About the Author
About CALI eLangdell Press
1. Jury Impeachment
1.1. The Rule
1.2. Historical Origins
1.3. The Drafting of Federal Rule of Evidence 606(b)
1.4. Public Policy Underlying Federal Rule of Evidence 606(b)
1.5. Supreme Court Precedent
1.5.1. Notes
1.6. 606(b): The External/Internal Distinction
1.6.1. 606(b)(2)(A): Extraneous Prejudicial Information
1.6.2. 606(b)(2)(B): Improper Outside Influences
1.6.3. 606(b)(2)(C): Mistake in Entering the Verdict on the Verdict Form
1.7. Situations Where Rule 606(b) Does Not Apply
1.7.1. Testimony by Nonjurors
1.7.2. Juror Testimony Not Offered to Impeach a Verdict
1.8. Splits in Authority
1.8.1. States without Counterparts to Rule 606(b)
1.8.2. Minnesota’s Violence Exception to Rule 606(b)
1.8.3. Testimony About the Effect on Deliberations of Extraneous Prejudicial Information/Improper Outside Influences
1.8.4. Allegations of Juror Racial, Religious, or Other Bias When Jurors Are Not Questioned Regarding Bias on Voir Dire
1.9. Jury Impeachment Pleadings

Professor Miller teaches Evidence, Criminal Procedure, Criminal Law, and Civil Procedure. He is the creator and Blog Editor of EvidenceProf Blog (http://lawprofessors.typepad.com/evidenceprof/), a member of the Law Professor Blogs Network. He is the Editor of Illinois Criminal Procedure and drafted a 100 page report comparing the Federal Rules of Evidence to Illinois evidentiary principles, which was used in the creation of the first Illinois Rules of Evidence.

Professor Miller received his B.A. degree with distinction from the University of Virginia and his J.D. (Order of the Coif) from the William & Mary Law School.

Colin Miller, Evidence: Jury Impeachment, Published by CALI eLangdell Press. Available under a Creative Commons BY-NC-SA 3.0 License.

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