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Juror Questions Improve Search For Truth

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The Tampa Tribune

Published: December 27, 2007

Starting New Year's Day, Florida jurors will be allowed to ask questions of witnesses in civil and criminal trials.

The Florida Supreme Court adopted the new rule last fall to help jurors get at the truth, but the court's controversial decision has some judges and lawyers fretting about the potential for problems.

Justice Peggy Quince, for one, objects to the rule.

"I strongly believe that it is the responsibility of the parties, through their attorneys, to present the evidence to the jury in the form of their questions and the physical and demonstrative evidence," she wrote in dissent.

But naysayers need not worry about abuses. Jurors won't be allowed to sound off in the middle of questioning. They will have to submit their questions to the judge, who will decide whether it can be asked.
No doubt the judge's decision could become an issue on appeal, but it should hardly strain the system any more than it already is taxed.

Allowing jurors to ask questions will benefit the search for truth - and justice.

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