Note Taking by Jurors

Published for NC Criminal Law on November 07, 2012.

The N.C. AOC’s website indicates that the current pay rate for jurors in North Carolina is $12 for the first day of service, $20 for days two through five; and if you serve for more than five days, you get a bonus: $40 for every day after day five. [Editor's Note: I discussed juror pay in some detail in this prior post.] Of course, serving jury duty is a civic responsibility. But sometimes we ask a lot of jurors, especially in long, complicated trials. When a case involves multiple counts, multiple defendants, a lot of scientific evidence, or charges spanning a long time period, it can be hard for jurors to keep track of the facts. Allowing note taking can help. Over the years, a number of arguments have been asserted against allowing note taking by jurors. Among them are these: that the best note-taker may dominate jury deliberations; that jurors, not having an overview of the case, may include in their notes interesting sidelights and ignore important but boring facts; that dishonest jurors might falsify notes; that note taking draws the juror’s attention away from the witness’s demeanor; and that the notes may receive undue attention during deliberations. Wayne R. LaFave, et al, 6 Criminal Procedure 514 (3rd ed. 2007). On the flip side, note taking can be a valuable method of refreshing memory and may help focus jurors' attention during the proceeding. Also, one leading commentator has suggested that any concerns with note taking can be addressed with appropriate [...]