Chicago Criminal Lawyer Matthew Chivari Discusses Jury Notes. At a trial, and after closing arguments, the jury goes back to deliberate to decide the defendant’s fate – guilty or not guilty of the charged offenses.
Oftentimes, during the deliberation process, the jury sends a note to the Judge (and in turn the lawyers). The Jury Instructions typically address this scenario. The Instructions make it clear how to send such questions to the Court.
Such questions can be of any variety. For example, “what time do we break for lunch?” Or, “what time can we (or do we have to) stay here to deliberate?” Or, we cannot reach a verdict (on some or all of the Counts?), what should we do?”
The Judge, after receiving the note, puts its contents on the record by reading it to the defendant and his/her counsel. Sometimes, the Court may put it on the Docket. In any event, the Judge will typically ask both parties’ their position with respect to a response, and/or tell the parties what the Judge intends to do in response and seeks comment. The parties may disagree with respect to the response and, of course, the Judge is the final arbiter of what he/she will say in the note that is sent back to the jury in response.
To be clear, the Court generally cannot and will not answer legal questions, including those attempting to obtain an interpretation of the Jury Instructions. Likewise, the Court cannot and should not answer questions that seek an answer to a factual question regarding the trial. To the frustration of the jury, they are often instructed to read the Instructions and to rely upon their memories.
In sum, responses to jury notes are taken quite seriously. The reasons are two-fold: 1) the Court wants to avoid interfering with or usurping the jury’s role, or otherwise tipping the scales; and 2) jury note issues can be raised on Appeal, and the mishandling of the response to the jury’s question could result in a re-trial.
Matthew Chivari
Leonard Trial Lawyers
February 7, 2025