THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
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 VOLUME 16 - CHAPTER 300
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300.31 Jury Misconduct

    300.31.1 Constitutional Claims: Jury Consideration Of Extrinsic Evidence As Misconduct

THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information

 VOLUME 16 - CHAPTER 300

PRACTICE NOTE: A criminal defendant has a right to a new trial if exposure to extrinsic material could have adversely influenced the verdict. (See e.g., Peterson v. General Motors Corp. (8th Cir. 1990) 904 F2d 436, 440 [exposure to extraneous materials requires new trial only upon showing of prejudice to unsuccessful party]; U.S. v. Gaffney (M.D. Fla. 1987) 676 FSupp 1544, 1551 [trial court must examine extraneous material to which jurors improperly exposed]; see also Parker v. Head (11th Cir. 2001) 244 F3d 831, 839 [noting conflict among the circuits as to whether exposure to extrinsic information is presumed prejudicial].) "Extrinsic or extraneous influences include publicity received and discussed in the juryroom, matters considered by the jury but not admitted into evidence, and communications or other contact between jurors and outside persons. Extrinsic or extraneous influences may be grounds for impeaching a verdict." (U.S. v. Bassler (8th Cir. 1981) 651 F2d 600, 602; see also Urseth v. Dayton (S.D. Ohio 1987) 680 FSupp 1084, 1088-89 [evidence concerning receipt of extraneous information is admissible to impeach verdict].)

    See also NCJIC 16.2.3.4 [Duty Not To Converse With Attorneys, Parties Or Witnesses].

    See also NCJIC 16.4 [Juror Exposure To And Consideration Of Extrinsic Evidence And Other Matters Not Admitted Into Evidence].

    See also NCJIC 16.5 [Duty To Report Exposure To Or Knowledge Of Extraneous Matters].

RESEARCH NOTES:

See Manual On Recurring Problems In Criminal Trials [23. Jury-Related Problems: Testimony By Jurors That May Impeach Verdict].

See also Manual On Recurring Problems In Criminal Trials [13. Jury-Related Problems: Outside Contact With Jurors].

See also A Manual Of Jury Trial Procedures [3.13 C. Juror Exposure To Extrinsic Influences: Types Of Extraneous Influences].