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OpinionNovember 14, 1999

Missouri is considering jury reform. Missouri Supreme Court Chief Justice Ray Price heads a 12-member panel of attorneys and judges studying possible ways to improve how juries operate in state courts. The primary ideas being discussed include allowing jurors to take notes during testimony, pose questions to witnesses and discuss the case prior to deliberations...

Missouri is considering jury reform. Missouri Supreme Court Chief Justice Ray Price heads a 12-member panel of attorneys and judges studying possible ways to improve how juries operate in state courts. The primary ideas being discussed include allowing jurors to take notes during testimony, pose questions to witnesses and discuss the case prior to deliberations.

Panel members, including a former Missouri Bar president, are looking at reforms similar to ones that have been enacted in Arizona. That state has taken the lead in jury reform. Its state judiciary claims the reforms are working well there.

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Of the three suggested reforms, the least controversial is juror note taking, while the most controversial is the proposal to allow jurors to discuss the case among themselves. The danger always has been that a vocal juror or two would seize on a piece of evidence mid-way through the trial and sway other jurors before all the evidence is in.

We commend the Missouri Bar and Supreme Court for exploring these reform ideas. Modernization of jury practices is necessary and proper, and done correctly, can result in a better-functioning court system.

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