Intro

Question 1

three themes to consider

Answer 1

1. support truth telling function
   2.balance competing interests: trust in jurors, but also significant skepticism of them; openess toward all E, then protecting some for other reasons
2. reliability judgements: rules make value judgements on what is/is not inherently reliable

Question 2

Practical points to consider

Answer 2

applicability: rules apply in federal court- 101, with a few exceptions 101d, im both civil and criminal
Adoption: rules approved by congress, effective 1975. Many state have adopted these since then, and very similar if not identical
result: older cases, state cases help interpret the FRE
Interpretation sources: plain language, legislative history, and case law
Restyled rules of 2011: intended to make the rules clearer and easier to read, reduce the number of inconsistent terms and ambigious words, AC note that not to have any substantive effect but, the new language may inadvertantly have changed the meaning of the rules.

Question 3

Tanner v. US

Answer 3

D charged and convicted of mail fraud
juror 1 said that the jurors used alcohol at trial and were sleeping
D/C filed a motion to interview jurors, and a motion for a new trial
TC rejects defense motion
Juror 2 affidavit that they used alcohol and drugs at trial
TC motion for new trial denied
D argues that can interview jurors under 606 and that there is a 6th amendment violation
Issue 1: fairness?
Held 1: trial was fair. jury was observed at trial, court report issues prior to verdict, voir dire (jury selection), non-juror evidence
Issue 2: 606 allow juror examination?
Outside influence: Bailiff comments, bribe to juror, newspapers, and juror applicaion to DA office
Held 2: all sources support the conclusion that the court could not inquire into the juror misconduct.

Question 4

606(b)

Answer 4

during an inquiry into the validity of a verdict or indictment
(1) prohibited testimony or other evidence. during an inquiry into the validity of a verdict or indictment, a juror may not testify about [deliberations, ect]. the court may not receive a jurors affidavit or evidence of a jurors statement on these matters.
(2) exceptions. A juror may testify about whether;
(A) extraneous prejudicial information was improperly brought to the jurys attention;
(B) an outside influence was improperly brought to bear on any juror; or
(C) a mistake was made in entering the verdict on the verdict form.

Question 5

606/ Tanner major takeaways

Answer 5

deliberations will be kept private, post verdict. unless appeal issue based on outside influences
true exception: equal protection challenges for discrimination
after verdict challeneges are extremely difficult- critical to manage what the jury sees before deliberations
result: rules of evidence provide the framework for what the jury does/ does not get