New rule will change how Indiana juries deliberate

EVANSVILLE -- A new rule that takes effect in January could alter the dynamics of jury trials in Indiana by permitting jurors to freely discuss elements of a case before they begin deliberating.\nCombined with another recent change that allows jurors to ask questions of witnesses, the new rule could lead to shorter deliberation times for Hoosier juries.\nAt a minimum, jurors might ask witnesses even more questions. And, having sorted out some of the trial's issues before final arguments, they might spend less time deliberating verdicts, judges predict.\nThe change applies both to criminal and civil cases and is mandated by a new jury rule adopted by the Indiana Supreme Court on Sept. 30 that takes effect Jan. 1. Under the old rule, jurors are ordered not to discuss the case until they start deliberating.\nBut trials can last days or weeks, and evidence might include technical testimony from expert witnesses. Throughout that time, jurors must keep silent about the case, both inside and outside the courtroom.\nThe change will mean jurors can talk about evidence among themselves in the jury room, as long as they reach no conclusion about a verdict.\nMagistrate David Kiely of Vanderburgh Circuit Court sees positives in permitting jurors to discuss evidence during trial recesses.\n"Why shouldn't they discuss it while it's fresh in their minds? It only makes sense," Kiely told the Evansville Courier & Press for a story published Sunday.\nVanderburgh Superior Court Judge Robert Pigman believes courts will see more questions from jurors, shorter deliberations and what he considers "better decision-making."\nIn a criminal trial, the prosecution presents its case first. Vanderburgh County Prosecutor Stan Levco sees a potential benefit for the prosecution in the rule change.\n"I wouldn't think it would be problem for us," Levco said. "If anything, (jurors) would be discussing our evidence first. I think that will be good thing."\nHowever, jurors might conclude that an accused person is guilty before ever hearing the defense's evidence, said Chad Grove, a public defender in Evansville. \n"It may give some undue importance to some issues that may not be fully developed," he said.\nDuring a trial, jurors still will be forbidden from talking about the case with any non-jurors, including their spouses, children or co-workers.\nThe new jury rule is modeled on one in Arizona, which pioneered the concept.\nAt the request of Indiana Chief Justice Randall Shepard, a committee of judges reviewed the idea for two years before the Indiana Supreme Court adopted it.\nThe new rule comes on the heels of another rule change two years ago that spelled out jurors' right to ask witnesses questions. Since then, most trial juries pose at least a handful of questions, sometimes more, judges say.\nIn the current format, a juror individually thinks of a question, jots it down on note paper and passes it to the judge. Starting Jan. 1, jurors might draft questions as a group in the jury room, depending on when trial recesses are taken.