Maintaining the Adversarial System: The Practice of Allowing Jurors to Question Witnesses during Trial

DeBarba, Kirsten, Vanderbilt Law Review

I. INTRODUCTION

A defendant sits in the witness stand undergoing examination by his attorney. He is accused of armed robbery, among other criminal IMAGE FORMULA4

acts. During the course of the defendant's testimony, a juror blurts out that he has a question. The judge tells the juror to write his question down and advises the juror that he will be able to ask his question upon completion of the attorneys' examinations. When the juror's question is finally asked, the judge indicates to the defendant's attorney that the attorney should address the matter raised by the juror on reexamination. During the reexamination, the attorney …

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Publication information: Article title: Maintaining the Adversarial System: The Practice of Allowing Jurors to Question Witnesses during Trial. Contributors: DeBarba, Kirsten - Author. Journal title: Vanderbilt Law Review. Volume: 55. Issue: 5 Publication date: October 2002. Page number: 1521+. © Vanderbilt Law Review Jan 2009. Provided by ProQuest LLC. All Rights Reserved.

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