Introduction to Evidence

Question 1

606(a)

Answer 1

At the Trial. A juror may not testify as a witness before the other jurors at the trial. If a juror is called to testify, the court must give a party an opportunity to object outside the jury’s presence.

Question 2

606(b)

Answer 2

(b) 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 any statement made or incident that occurred during the jury’s deliberations; the effect of anything on that juror’s or another juror’s vote; or any juror’s mental processes concerning the verdict or indictment. The court may not receive a juror’s 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 jury’s 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 3

in what cases are FRE applicable

Answer 3

both federal criminal and civil cases

Question 4

Tanner v. United States

Answer 4

Jury misconduct case
Deliberations are private unless there is an outside influence

Question 5

Pena-Rodriguez v. Colorado

Answer 5

Equal protection challenges are firmly established
Can question jury if there is racial motivation