A MANUAL OF JURY TRIAL PROCEDURES

A MANUAL OF JURY TRIAL PROCEDURES - 2004
Go to Federal Manuals Table of Contents - Go to Procedures Table of Contents

Chapter Three: The Trial Phase

3.12     Jury Examination of Demonstrative Evidence
            A. Jury View of the Scene
            B. Jury Examination of Other Demonstrative Evidence

A MANUAL OF JURY TRIAL PROCEDURES - 2004

A. Jury Examination Of Demonstrative Evidence: Jury View Of The Scene

NCJIC Materials Related To This Issues:

NCJIC 25.4 [Jury View Of The Scene]

There is no specific federal rule permitting the jury to make an inspection of the premises or place involved in the action or the scene of the crime. The Ninth Circuit has not directly addressed this issue. The federal courts do recognize the inherent power of the trial court to permit a view or inspection. Gunther v. E.I. Du Pont De Nemours & Co., 255 F.2d 710, 716 (4th Cir. 1958); Fitzpatrick v. Sooner Oil Co., 212 F.2d 548, 551 (10th Cir. 1954).

The courts are divided over whether the view of the premises is evidence in the case. Some courts adhere to the traditional rule that a view is not to be considered as evidence. Park-In Theaters, Inc. v. Ochs, 75 F. Supp. 506, 512 (S.D. Ohio 1948). Other courts hold that a view of the premises is evidence and that a motion for a view should be granted during the trial and not deferred until the conclusion of the trial. United States v. Harris, 141 F. Supp. 418, 419-20 (S.D. Cal. 1955).

The district court has wide discretion in granting a request for a view. Skyway Aviation Corp. v. Minneapolis, N. & S. Ry. Co., 326 F.2d 701, 708 (8th Cir. 1964).

It is improper for the parties to request a view in front of the jury. Fitzpatrick v. Sooner Oil Co., 212 F.2d 548, 551 (10th Cir. 1954). In a criminal case, the defendant should be present at a view, but the absence of a defendant may not violate the defendant's constitutional rights. Snyder v. Massachusetts, 291 U.S. 97, 107-08 (1934).

The trial judge should be present during the view. The court reporter should also be present. State v. Garden, 267 Minn. 97, 111, 125 N.W.2d 591, 600 (Minn. 1963). The court should secure one or more jury officers to accompany the jury to ensure compliance with the court's order.

The jury should be admonished to refrain from any discussion prior to, during and after the view unless allowed by the court. The trial judge should ensure that jurors do not receive unsworn testimony or communications during the view. The trial judge should formally instruct the jury on the procedure to be followed during the view.

A MANUAL OF JURY TRIAL PROCEDURES - 2004

B. Jury Examination Of Demonstrative Evidence: Jury Examination Of Other Demonstrative Evidence

The court has wide discretion to allow the jury to review demonstrative evidence. However, the court should not permit the use of new evidence, by way of a demonstration, after the jury begins deliberations. United States v. Rincon, 28 F.3d 921, 926-27 (9th Cir.) (court properly denied jury request during deliberations to view defendant wearing sunglasses), cert. denied, 513 U.S. 1029 (1994).