THE COURTS
[234 PA. CODE CH. 6]
Amendments to Pa.R.Crim.P. 646
[35 Pa.B. 2867] The Criminal Procedural Rules Committee is planning to recommend that the Supreme Court of Pennsylvania amend Rule 646 to permit the discretionary use of binders by the jury to assist in the organization of trial materials. This proposal has not been submitted for review by the Supreme Court of Pennsylvania.
The following explanatory Report highlights the Committee's considerations in formulating this proposal. Please note that the Committee's Report should not be confused with the official Committee Comments to the rules. Also note that the Supreme Court does not adopt the Committee's Comments or the contents of the explanatory Reports.
The text of the proposed rule changes precedes the Report. Additions are shown in bold; deletions are in bold and brackets.
We request that interested persons submit suggestions, comments, or objections concerning this proposal in writing to the Committee through counsel,
Anne T. Panfil, Chief Staff Counsel
Supreme Court of Pennsylvania
Criminal Procedural Rules Committee
5035 Ritter Road, Suite 100
Mechanicsburg, PA 17055
fax: (717) 795-2106
e-mail: criminal.rules@pacourts.usno later than Friday, June 17, 2005.
By the Criminal Procedural Rules Committee
NICHOLAS T. NASTASI,
Chair
Annex A
TITLE 234. RULES OF CRIMINAL PROCEDURE
CHAPTER 6. TRIAL PROCEDURES IN COURT CASES
PART C(2). Conduct of Jury Trial Rule 646. Material Permitted in Possession of the Jury.
* * * * * (C) In the discretion of the trial judge, the jury may be provided with binders for the purpose of collecting and organizing trial materials to be used in the performance of its duties during the trial and deliberations.
(1) The contents of the binders shall be agreed upon by the attorney for the Commonwealth and by the attorney for the defendant, or by the defendant if pro se, subject to the trial judge's approval.
(2) The contents of the binders shall be destroyed at the conclusion of trial.
Comment * * * * * The 1996 amendment adding ''or otherwise recorded'' in paragraph (B)(2) is not intended to enlarge or modify what constitutes a confession under this rule. Rather, the amendment is only intended to recognize that a confession can be recorded in a variety of ways. See Commonwealth v. Foster, 624 A.2d 144 (Pa. Super. Ct. 1993).
Although most references to indictments and indicting grand juries were deleted from these rules in 1993 because the indicting grand jury was abolished in all counties, see PA. CONST. art. I, § 10 and 42 Pa.C.S. § 8931(b), the reference was retained in this rule because there may be some cases still pending that were instituted prior to the abolition of the indicting grand jury.
Paragraph (C) was added in 2005 to provide that the trial judge, in his or her discretion, may permit the jury to be provided with binders to be used in collecting and organizing the various materials presented at trial. While the court is responsible for providing the binders for use by the jury, counsel should be permitted to prepare exhibits and other materials that may facilitate trial for inclusion in the juror binder.
Jurors are to be allowed access to the binders for use only during trial and deliberations, and only when in the courtroom or the jury room. A specific time should not be set aside during trial to review the binder contents; the jurors should do this during side-bars and recesses.
The contents of the binders are subject to agreement by the prosecution and defense and may include, but are not limited to, such items as: a list of witnesses, including identifying information; photographs of key witnesses; copies of appropriate exhibits if admissibility is stipulated or added as the items are admitted into evidence; a glossary of technical terms; a seating chart of the courtroom identifying all trial participants.
Binders may be utilized for multiple purposes, including providing basic information about jury service, as well as information specific to the trial.
In the trial court's discretion, the contents of the juror binders that are prepared by the court and of a general instructional nature applicable to all cases may be preserved following the conclusion of trial.
Official Note: Rule 1114 adopted January 24, 1968, effective August 1, 1968; amended June 28, 1974, effective September 1, 1974; Comment revised August 12, 1993, effective September 1, 1993; amended January 16, 1996, effective July 1, 1996; amended November 18, 1999, effective January 1, 2000; renumbered Rule 646 March 1, 2000, effective April 1, 2001; amended , 2005, effective , 2005.
Committee Explanatory Reports:
* * * * * Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. [1477] 1478 (March 18, 2000).
Report explaining the revision to permit use of juror binders published at 35 Pa.B. 2868 (May 14, 2005).
REPORT
Amendments to Pa.R.Crim.P. 646
Juror BindersBackground
As part of the Committee's ongoing study of innovations designed to assist juror participation at trial, the Committee examined the practice of providing the jurors with notebooks or binders to assist jurors in organizing and understanding case information.
A few states currently have a direct rule or statute on juror binders.1 A number of states have reviewed the matter, usually as part of a general study or pilot project on jury innovations. In these studies, jurors overwhelmingly approved of their use. For example, in a pilot project in Tennessee, 94% of over 400 jurors who had used notebooks found them in some degree useful, with 68% of the total describing them as ''very useful'' in trial.2
Most jurisdictions do not have specific rules governing the use of juror notebooks or binders but permit the practice as within a trial court's discretion. Pennsylvania has no statute, rule, or case law that precludes use of binders and anecdotal evidence suggests that the practice has been allowed to some extent in civil cases.
Juror binders will assist jurors to organize, understand, and recall large amounts of information. Binders can be designed for multiple purposes, including providing basic information about jury service as well as information specific to the trial. This will help reduce juror stress and confusion about the trial process.
Discussion of the Rule
The proposed amendment to Rule 646 creates new paragraph (C) that, within the discretion of the trial judge, permits the jurors to be provided with binders in which any trial materials may be collected and organized.
Paragraph (C)(1) provides that if either party objects or if the parties cannot agree to a particular item to be included in the notebook, the item would be omitted.
Paragraph (C)(2) provides that the contents of the binders shall be destroyed at the conclusion of trial.
The Comment provides further suggestions upon the use of the binders. The practice would generally entail providing a three-ring binder to each juror to assist jurors in organizing case information. Jurors would only be allowed access to the binders during trial and deliberation; they would not be allowed to take the binders home at night. A specific time would not be set aside during trial to review the notebook contents; it is assumed that the jurors will do this during side-bars and recesses.
The Comment notes that while the court is responsible for providing the binders, either side may contribute to the contents. The contents of binders will vary from case to case. The contents are to be determined by agreement among the parties under the supervision of the trial court.
The binders can include such items as: a list of witnesses, including identifying information; photographs of key witnesses; copies of appropriate exhibits if admissibility is stipulated or added as the items are admitted into evidence; a glossary of technical terms, and information about the various participants in the trial process, including a seating chart for the courtroom identifying all trial participants. The binders may also include information of a more general and instructional nature about jury service.
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1 See, e.g., Arizona Rule of Criminal Procedure 18.6, Tennessee Rule of Criminal Procedure 24.1 and Colorado Rule of Criminal Procedure 16. The Wyoming Trial Handbook also describes this practice in that state.
2 Cohen, Daniel R., Jury Reform in Tennessee, 34 U.Mem.L.Rev. 1 (fall 2003).
[Pa.B. Doc. No. 05-928. Filed for public inspection May 13, 2005, 9:00 a.m.]
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