The moment came as the jury submitted a second note to Judge Merchan, asking him to give the instructions again.
Here in Texas the jury takes the instructions into the deliberations with them. Expecting them to proceed without a copy of the written jury instructions is just silly.
My understanding is that Merchan gave them verbal instructions, not written ones, and they are allowed to ask as many questions as they want.
I’ve never been on a jury, however, I would want a copy of the instructions I could reference while deliberating. To me, it’s just common sense. Sure, they read it to you, however, most people want something they can look at with their own eyes, especially in complex situations, such as a trial.
After many, many years practicing law and working for the appellate court system, I was put on a jury (much to my surprise!) It was a will contest in probate court. I was appointed foreman without a vote (everybody just turned and looked at me) and the first thing I said was, "We better get a copy of the jury instructions." Called the bailiff, he went away, came back, said, "The judge doesn't generally send them back." I said, "No worries, I took notes on the important ones."
We wound up breaking the will, but it really wasn't a close call. First vote was 10-2 and the 2 were just doubtful, after we went over the evidence they were convinced. Took us about 5 hours including lunch :-)
As I have said, no one needs to say a disparaging word about this “Judge…” His actions have said it all.
Yes thats what I thought
Why wouldnt the jury have the instructions in writing ???