colorado argued october decided march colorado jury convicted petitioner harassment unlawful sexual contact following discharge jury two jurors told defense counsel deliberations juror expressed bias toward petitioner petitioner alibi witness counsel trial supervision obtained affidavits two jurors describing number biased statements acknowledged apparent bias denied petitioner motion new trial ground colorado rule evidence generally prohibits juror testifying statements made deliberations proceeding inquiring validity verdict colorado appeals affirmed agreeing alleged statements fall within exception rule colorado also affirmed relying tanner warger shauers rejected constitutional challenges federal rule applied evidence juror misconduct bias held juror makes clear statement indicating relied racial stereotypes animus convict criminal defendant sixth amendment requires rule give way order permit trial consider evidence juror statement resulting denial jury trial guarantee pp common law jurors forbidden impeach verdict either affidavit live testimony american jurisdictions adopted flexible version bar known iowa rule prevented jurors testifying subjective beliefs thoughts motives deliberations alternative approach later referred federal approach permitted exception events extraneous deliberative process early decisions establish clear preference particular version rule appearing open iowa rule reid mattox rejecting approach mcdonald pless development rule reached milestone congress adopted federal rule evidence sets broad rule limited exceptions version rule substantial merit promoting full vigorous discussion jurors providing considerable assurance discharged summoned recount deliberations otherwise harassed rule gives stability finality verdicts pp version rule followed every state district columbia follow federal rule least jurisdictions recognized exception juror testimony racial bias deliberations three federal courts appeals also held suggested constitutional exception evidence racial bias addressing rule noted possibility exception gravest important cases reid supra mcdonald pless supra addressed question whether constitution mandates exception rule twice rejecting exception time tanner evidence showed jurors influence drugs alcohol trial identified substantial concerns supporting rule also outlined existing significant safeguards defendant right impartial competent jury beyond juror testimony members venire examined impartiality voir dire juror misconduct may observed counsel personnel trial jurors report misconduct verdict rendered warger civil case evidence indicated jury forewoman failed disclose prodefendant bias voir dire put substantial reliance existing safeguards fair trial also warned reid mcdonald rule may admit exceptions juror bias extreme almost definition jury trial right abridged reid mcdonald warger left open question whether constitution requires exception rule juror statements indicate racial animus significant motivating factor finding guilt pp imperative purge racial prejudice administration justice given new force direction ratification civil war amendments central purpose fourteenth amendment eliminate racial discrimination emanating official sources mclaughlin florida time enforced constitution guarantee racial discrimination jury system interpreted fourteenth amendment prohibit exclusion jurors based race strauder west virginia struck laws practices systematically exclude racial minorities juries see neal delaware ruled litigant may exclude prospective juror based race see batson kentucky held defendants may times entitled ask racial bias voir dire see ham south carolina unmistakable principle precedents discrimination basis race odious aspects especially pernicious administration justice rose mitchell damaging fact perception jury role vital check wrongful exercise power state powers ohio pp case lies intersection decisions endorsing rule seeking eliminate racial bias jury system lines precedent need conflict racial bias unlike behavior mcdonald tanner warger implicates unique historical constitutional institutional concerns left unaddressed risk systemic injury administration justice also distinct pragmatic sense tanner safeguards may less effective rooting racial bias forms improper bias pose challenges trial process sound basis treat racial bias added precaution constitutional rule racial bias justice system must addressed including instances verdict entered necessary prevent systemic loss confidence jury verdicts confidence central premise sixth amendment trial right pp bar set aside allow judicial inquiry must threshold showing one jurors made statements exhibiting overt racial bias cast serious doubt fairness impartiality jury deliberations resulting verdict qualify statement must tend show racial animus significant motivating factor juror vote convict whether threshold showing satisfied committed substantial discretion trial light circumstances including content timing alleged statements reliability proffered evidence practical mechanics acquiring presenting evidence doubt shaped guided state rules professional ethics local rules often limit counsel contact jurors experience jurisdictions already recognized exception rule experience courts going forward inform proper exercise trial judge discretion need address procedures trial must follow confronted motion new trial based juror testimony racial bias appropriate standard determining evidence sufficient require verdict set aside new trial granted standard existing safeguards may also help prevent racial bias jury deliberations including careful voir dire trial instructions jurors duty review evidence deliberate together reach verdict fair impartial way free bias kind pp reversed remanded kennedy delivered opinion ginsburg breyer sotomayor kagan joined thomas filed dissenting opinion alito filed dissenting opinion roberts thomas joined opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press miguel angel petitioner colorado writ certiorari colorado march justice kennedy delivered opinion jury central foundation justice system democracy whatever imperfections particular case jury necessary check governmental power jury centuries inspired trusted effective instrument resolving factual disputes determining ultimate questions guilt innocence criminal cases long course judgments find acceptance community acceptance essential respect rule law jury tangible implementation principle law comes people era nation founding right jury trial already existed evolved centuries alongside common law jury considered fundamental safeguard individual liberty see federalist warner ed hamilton right jury trial criminal cases part constitution first drawn restated sixth amendment art iii cl amdt operation fourteenth amendment applicable duncan louisiana like human institutions jury system flaws yet experience shows fair impartial verdicts reached jury follows instructions undertakes deliberations honest candid robust based common sense general rule evolved give substantial protection verdict finality assure jurors verdict entered later called question based comments conclusions expressed deliberations principle centuries old often referred rule instant case presents question whether exception rule jury discharged juror comes forward compelling evidence another juror made clear explicit statements indicating racial animus significant motivating factor vote convict state prosecutors colorado brought criminal charges petitioner miguel angel based following allegations bathroom colorado facility man sexually assaulted two teenage sisters girls told father identified man employee racetrack police located arrested petitioner girl separately identified petitioner man assaulted state charged petitioner harassment unlawful sexual contact attempted sexual assault child jury empaneled members venire repeatedly asked whether believed fair impartial case written questionnaire asked anything feel make difficult fair juror app repeated question panel prospective jurors encouraged jurors speak private concerns impartiality defense counsel likewise asked whether anyone felt simply good case fair juror none empaneled jurors expressed reservations based racial bias none asked speak trial judge trial jury found petitioner guilty unlawful sexual contact harassment failed reach verdict attempted sexual assault charge jury discharged gave instruction mandated colorado law question may arise whether may discuss case lawyers defendant persons guidance instructs whether talk anyone entirely decision person persists discussing case objection becomes critical service either discussion begun please report following discharge jury petitioner counsel entered jury room discuss trial jurors room emptying two jurors remained speak counsel private stated deliberations another juror expressed bias toward petitioner petitioner alibi witness petitioner counsel reported supervision obtained sworn affidavits two jurors affidavits two jurors described number biased statements made another juror identified juror according two jurors told jurors believed defendant guilty experience enforcement officer mexican men bravado caused believe whatever wanted women jurors reported stated belief mexican men physically controlling women sense entitlement stated think mexican mexican men take whatever want according jurors explained experience nine times ten mexican men guilty aggressive toward women young girls finally jurors recounted juror said find petitioner alibi witness credible among things witness illegal ibid fact witness testified trial legal resident reviewing affidavits trial acknowledged apparent bias denied petitioner motion new trial noting actual deliberations occur among jurors protected inquiry colorado rule evidence like federal counterpart colorado rule generally prohibits juror testifying statement made deliberations proceeding inquiring validity verdict see fed rule evid colorado rule reads follows inquiry validity verdict indictment upon inquiry validity verdict indictment juror may testify matter statement occurring course jury deliberations effect anything upon juror mind emotions influencing assent dissent verdict indictment concerning mental processes connection therewith juror may testify whether extraneous prejudicial information improperly brought jurors attention whether outside influence improperly brought bear upon juror whether mistake entering verdict onto verdict form juror affidavit evidence statement juror may received matter juror precluded testifying rule evid verdict deemed final petitioner sentenced two years probation required register sex offender divided panel colorado appeals affirmed petitioner conviction agreeing alleged statements fall within exception rule inadmissible undermine validity verdict wl colorado affirmed vote prevailing opinion relied two decisions rejecting constitutional challenges federal rule applied evidence juror misconduct bias see tanner warger shauers reviewing precedents find dividing line different types juror bias misconduct thus basis permitting impeachment verdicts petitioner trial notwithstanding apparent racial bias granted certiorari decide whether constitutional exception rule instances racial bias juror bias based petitioner hispanic identity prior cases referred ethnicity may instructive term see hernandez new york plurality opinion yet also used language race discussing relevant constitutional principles cases involving hispanic persons see ibid fisher university tex austin plurality opinion petitioner respondent refer race race ethnicity expansive sense briefs opinion refers nature bias racial keeping primary terminology employed parties used precedents ii common law jurors forbidden impeach verdict either affidavit live testimony rule originated vaise delaval eng lord mansfield excluded juror testimony jury decided case game chance mansfield rule came known prohibited jurors verdict entered testifying either subjective mental processes objective events occurred deliberations american courts adopted mansfield rule matter common law though every detail jurisdictions adopted different flexible version bar known iowa rule rule jurors prevented testifying subjective beliefs thoughts motives deliberations see wright illinois miss tel iowa jurors however testify objective facts events occurring deliberations part jurors corroborate testimony alternative approach later referred federal approach stayed closer original mansfield rule see warger supra slip version rule bar permitted exception testimony events extraneous deliberative process reliance outside evidence newspapers dictionaries like personal investigation facts early decisions establish clear preference particular version rule reid appeared open admission juror testimony jurors consulted newspapers deliberations end barred evidence newspapers slightest influence verdict reid warned juror testimony always received great caution ibid yet added important admonition cases might arise impossible refuse juror testimony without violating plainest principles justice ibid following case required admission juror affidavits stating jury consulted information evidence including prejudicial newspaper article mattox suggested furthermore admission juror testimony might governed flexible rule one permitting jury testimony even involve consultation prejudicial extraneous information see also hyde stating flexible iowa rule apply excluding evidence jury reached verdict trading certain defendants acquittals others convictions later however rejected lenient iowa rule mcdonald pless affirmed exclusion juror testimony objective events jury room jury allegedly calculated damages award averaging numerical submissions member explained admitting evidence dangerous consequences verdict safe practice open door pernicious arts tampering jurors internal quotation marks omitted yet reiterated admonition reid cautioning rule might recognize exceptions gravest important cases exclusion juror affidavits might well violate plainest principles justice quoting reid supra internal quotation marks omitted development rule reached milestone congress adopted federal rules evidence including rule congress like mcdonald rejected iowa rule instead endorsed broad rule limited exceptions version rule congress adopted accident warger slip advisory committee first drafted rule reflecting iowa approach prohibiting admission juror testimony related jurors mental processes reaching verdict department justice however expressed concern preliminary rule advisory committee drafted stringent version effect prohibiting juror testimony exceptions jury considered prejudicial extraneous evidence subject outside influence rules evidence courts magistrates adopted second version transmitted congress house favored iowa approach senate expressed concern sufficiently address public policy interest finality verdicts pp siding senate conference committee adopted congress enacted president signed proposed rule substance rule changed since except modification permitting evidence clerical mistake verdict form see current version rule follows prohibited testimony evidence inquiry validity verdict indictment juror may testify statement made incident occurred jury deliberations effect anything juror another juror vote juror mental processes concerning verdict indictment may receive juror affidavit evidence juror statement matters exceptions juror may testify whether extraneous prejudicial information improperly brought jury attention outside influence improperly brought bear juror mistake made entering verdict verdict form version rule substantial merit promotes full vigorous discussion providing jurors considerable assurance discharged summoned recount deliberations otherwise harassed annoyed litigants seeking challenge verdict rule gives stability finality verdicts version rule followed every state district columbia variations make classification imprecise general matter appears jurisdictions follow federal rule follow iowa rule within classifications diversity approaches nine jurisdictions follow federal rule codified exceptions listed federal rule see appendix infra least jurisdictions follow federal rule recognized exception bar circumstances faces juror testimony racial bias played part deliberations ibid according parties amici one state colorado addressed issue declined recognize exception racial bias see commonwealth steele federal courts part governed federal rule interpretations deserve comment various courts appeals occasion consider racial bias exception reached different conclusions three held suggested constitutional exception evidence racial bias see villar holding constitution demands exception henley finding persuasive arguments favor exception deciding issue shillcutt gagnon observing cases fundamental fairness require exception one appeals declined find exception reasoning safeguards inherent trial process suffice protect defendants constitutional interests see benally another suggested much holding habeas context exception racial bias clearly established indicating dicta exception exists see williams price alito one appeals held evidence racial bias excluded rule without addressing whether constitution may times demand exception see martinez food city addressing scope rule rule adoption reid mcdonald courts noted possibility exception rule gravest important cases reid mcdonald yet since enactment rule addressed precise question whether constitution mandates exception two instances first case tanner rejected sixth amendment exception evidence jurors influence drugs alcohol trial central reasoning substantial concerns supporting protection jury deliberations intrusive inquiry tanner echoed mcdonald concern attorneys use juror testimony attack verdicts jurors harassed beset defeated party thus destroying frankness freedom discussion conference quoting mcdonald supra concerned moreover attempts impeach verdict disrupt finality process undermine jurors willingness return unpopular verdict community trust system relies decisions laypeople tanner outlined existing significant safeguards defendant right impartial competent jury beyond juror testimony outset trial process voir dire provides opportunity counsel examine members venire impartiality trial proceeds counsel personnel opportunity learn juror misconduct verdict jurors report misconduct procedures undermine stability verdict rendered even trial evidence misconduct juror testimony used attempt impeach verdict balancing interests safeguards defendant sixth amendment interest case affirmed exclusion affidavits pertaining jury inebriated state ibid second case consider general issue presented warger rejected argument circumstances jury trial right required exception rule warger involved civil case verdict entered losing party sought proffer evidence jury forewoman failed disclose prodefendant bias voir dire tanner put substantial reliance existing safeguards fair trial stated even jurors lie voir dire way conceals bias juror impartiality adequately assured parties ability bring attention evidence bias verdict rendered employ nonjuror evidence even verdict rendered slip warger however reiterate rule may admit exceptions reid mcdonald warned juror bias extreme almost definition jury trial right abridged slip case arises indicated consider whether usual safeguards sufficient protect integrity process ibid recognition warger may extreme cases jury trial right requires exception rule must interpreted context guarded cautious statement caution warranted avoid formulating exception might undermine jury dynamics finality interests rule seeks protect today however faces question reid mcdonald warger left open must decide whether constitution requires exception rule juror statements indicate racial animus significant motivating factor finding guilt iii must become heritage nation rise racial classifications inconsistent commitment equal dignity persons imperative purge racial prejudice administration justice given new force direction ratification civil war amendments central purpose fourteenth amendment eliminate racial discrimination emanating official sources mclaughlin florida years ratification fourteenth amendment became clear racial discrimination jury system posed particular threat promise amendment integrity jury trial almost immediately civil war south began practice continue many decades juries punished black defendants particularly harshly simultaneously refusing punish violence whites including ku klux klan members blacks republicans forman juries race nineteenth century yale take one example years juries texas decided total prosecutions white defendants charged killing acquitted stark unapologetic nature outcomes challenged american belief jury bulwark liberty prompted congress pass legislation integrate jury system bar persons eligibility jury service conspired deny civil rights members congress stressed legislation necessary preserve right fair trial guarantee equal protection laws ibid duty confront racial animus justice system legislature alone time called upon enforce constitution guarantee racial discrimination jury system beginning interpreted fourteenth amendment prohibit exclusion jurors basis race strauder west virginia repeatedly struck laws practices systematically exclude racial minorities juries see neal delaware hollins oklahoma per curiam avery georgia hernandez texas castaneda partida guard discrimination jury selection ruled litigant may exclude prospective juror basis race batson kentucky edmonson leesville concrete georgia mccollum effort ensure individuals sit juries free racial bias held constitution times demands defendants permitted ask questions racial bias voir dire ham south carolina turner murray unmistakable principle underlying precedents discrimination basis race odious aspects especially pernicious administration justice rose mitchell jury criminal defendant fundamental life liberty race color prejudice mccleskey kemp quoting strauder supra permitting racial prejudice jury system damages fact perception jury role vital check wrongful exercise power state powers ohio cf aldridge buck davis ante iv case lies intersection decisions endorsing rule decisions seeking eliminate racial bias jury system two lines precedent however need conflict racial bias kind alleged case differs critical ways compromise verdict mcdonald drug alcohol abuse tanner bias warger behavior cases troubling unacceptable involved anomalous behavior single jury juror gone course jurors presumed follow oath cf penry johnson neither history common experience show jury system rife mischief similar kinds attempt rid jury every irregularity sort expose unrelenting scrutiny clear jury system survive efforts perfect tanner said racial bias familiar recurring evil left unaddressed risk systemic injury administration justice decisions demonstrate racial bias implicates unique historical constitutional institutional concerns effort address grave serious statements racial bias effort perfect jury ensure legal system remains capable coming ever closer promise equal treatment law central functioning democracy racial bias distinct pragmatic sense well past cases relied safeguards protect right impartial jury safeguards sure disclose racial bias voir dire outset trial observation juror demeanor conduct trial juror reports verdict nonjuror evidence trial important mechanisms discovering bias yet operation may compromised may prove insufficient instance noted dilemma faced trial judges counsel deciding whether explore potential racial bias voir dire see supra ristaino ross generic questions juror impartiality may expose specific attitudes biases poison jury deliberations yet pointed questions well exacerbate whatever prejudice might exist without substantially aiding exposing supra rehnquist concurring result stigma attends racial bias may make difficult juror report inappropriate statements course juror deliberations one thing accuse fellow juror personal experience improperly influences consideration case required warger quite another call bigot recognition certain tanner safeguards may less effective rooting racial bias kinds bias dispositive forms improper bias pose challenges trial process sound basis treat racial bias added precaution constitutional rule racial bias justice system must addressed including instances verdict entered necessary prevent systemic loss confidence jury verdicts confidence central premise sixth amendment trial right reasons explained holds juror makes clear statement indicates relied racial stereotypes animus convict criminal defendant sixth amendment requires rule give way order permit trial consider evidence juror statement resulting denial jury trial guarantee every offhand comment indicating racial bias hostility justify setting aside bar allow judicial inquiry inquiry proceed must showing one jurors made statements exhibiting overt racial bias cast serious doubt fairness impartiality jury deliberations resulting verdict qualify statement must tend show racial animus significant motivating factor juror vote convict whether threshold showing satisfied matter committed substantial discretion trial light circumstances including content timing alleged statements reliability proffered evidence practical mechanics acquiring presenting evidence doubt shaped guided state rules professional ethics local rules often limit counsel contact jurors see wright gold federal practice procedure evidence pp ed wright see also variations aba model rules professional conduct rule overview state ethics rules jurywork systematic techniques overview federal district rules limits seek provide jurors protection return daily affairs verdict entered juror always tell counsel wish discuss case jurors instances may come forward accord happened case alleged statements juror egregious unmistakable reliance racial bias juror deploy dangerous racial stereotype conclude petitioner guilty alibi witness believed also encouraged jurors join convicting basis petitioner counsel seek two jurors allegations racial bias pursuant colorado mandatory jury instruction trial set limits juror contact encouraged jurors inform anyone harassed role case similar limits juror contact found jurisdictions recognize exception see standard jury instrs crim cases west although liberty speak anyone deliberations also liberty refuse speak anyone mass office jury trial juror handbook required speak anyone trial anyone tries learn confidential information feel harassed embarrassed way report immediately crim model jury charges non charges dismissal jury decide whether speak service juror understanding obligation speak jurors approached petitioner counsel within short time verdict relay concerns statements app similar pattern common cases involving juror allegations racial bias see villar juror defense counsel within hours verdict kittle juror wrote letter judge day discharged jury benally juror approached defense counsel day jury announced verdict pursuant local rules petitioner counsel sought received permission contact two jurors obtain affidavits limited recounting exact statements made exhibited racial bias trial concluded colorado rule permit even consider resulting affidavits holding today removes bar jurors disclose instance racial bias serious one involved case law must wholly disregard occurrence preceding discussion makes clear relies experiences jurisdictions recognized exception rule half century signs increase juror harassment loss juror willingness engage searching candid deliberations experience jurisdictions experience courts going forward inform proper exercise trial judge discretion related matters case ask need address procedures trial must follow confronted motion new trial based juror testimony racial bias see wright noting divergence authority necessity scope evidentiary hearing alleged juror misconduct also decide appropriate standard determining evidence racial bias sufficient require verdict set aside new trial granted compare shillcutt inquiring whether racial bias pervaded jury room henley one racist juror enough proper observe well standard existing processes designed prevent racial bias jury deliberations advantages careful voir dire already noted safeguards deserve mention trial courts often outset case final jury instructions explain jurors duty review evidence reach verdict fair impartial way free bias kind instructions framed trial judges based learning experience model jury instructions likely take account continuing developments common across jurisdictions see grenig lee federal jury practice instructions criminal ed perform duties fairly let bias sympathy prejudice may feel toward one side influence decision way instructions may emphasize group dynamic deliberations urging jurors share questions conclusions colleagues see duty jurors consult one another deliberate one another view towards reaching agreement without violence individual judgment probing thoughtful deliberation improves likelihood jurors confront flawed nature reasoning prompted influenced improper biases whether racial otherwise dynamics help ensure exception limited rare cases nation must continue make strides overcome discrimination progress already made underlies insistence blatant racial prejudice antithetical functioning jury system must confronted egregious cases like one despite general bar rule mark maturing legal system seeks understand implement lessons history seeks strengthen broader principle society must move forward achieving thoughtful rational dialogue foundation jury system free society sustains constitution judgment colorado reversed case remanded proceedings inconsistent opinion ordered appendix codified exceptions addition enumerated fed rule evid see rules crim proc exception evidence misconduct including verdict game chance intoxication idaho rule evid game chance ind rule evid burns drug alcohol use rule evid threats violence violent acts mont rule evid game chance rule evid rule evid quotient verdict game chance tex rule evid west rebutting claim juror unqualified rule evid cum supp juror communication nonjuror see also wright gold federal practice procedure evidence ed judicially recognized exceptions evidence racial bias see state santiago kittle fisher state del appendix opinion powell allstate ins spencer state state jackson haw commonwealth laguer mass state callender fleshner pepose vision mo state levitt people rukaj app div state hidanovic nd state brown state hunter seattle jackson hour welding laneil management thomas dissenting miguel angel petitioner colorado writ certiorari colorado march justice thomas dissenting today holds sixth amendment requires provide criminal defendant opportunity impeach jury guilty verdict juror testimony juror alleged racial bias notwithstanding state procedural rule forbidding testimony agree justice alito decision incompatible text amendment purports interpret precedents write separately explain holding also squared original understanding sixth fourteenth amendments sixth amendment protection right criminal prosecutions trial impartial jury limited protections existed common law amendment ratified see apprendi new jersey thomas concurring story commentaries constitution pp story explaining trial jury criminal cases protected constitution great privilege part admirable common law england cf tucker blackstone commentaries therefore entirely proper look common law ascertain whether sixth amendment requires result today reaches apprendi supra sixth amendment specific guarantee impartiality incorporates understanding term see blackstone commentaries laws england blackstone describing english trials impartially caution partiality bias jury common law required juror freedome mind indifferent hee stands unsworne coke first part institutes laws england ed accord bacon new abridgment law ed cf cooley treatise constitutional limitations rest upon legislative power american union jury must indifferent prisoner commonwealth impartial jurors interest affected personal bias favor either party pettis warren kirby super ii right jury trial however guarantee defendant right impeach jury verdict juror testimony juror misconduct including principal species juror misbehaviour notorious partiality blackstone although partiality ground setting aside jury verdict english rule time sixth amendment ratified allow jurors supply evidence misconduct lord mansfield refused receive juror affidavit impeach verdict declaring affidavit ca read rex almon burr eng lord mansfield solidified doctrine holding receive affidavit jurymen prove jury cast lots reach verdict vaise delaval eng time founding took mixed approaches issue see cluggage swan binn opinion yeates opinions american judges greatly differed point question bishop georgia describing common law question transition state many followed lord mansfield rule refused receive juror affidavits see brewster thompson per curiam robbins windover tyl taylor giger price mcilvain tread tyler stevens swift digest laws state connecticut england courts jurors permitted witnesses respecting misconduct jury unquestionably correct principle however permitted juror affidavits juror misconduct see crawford state cochran street others initially permitted evidence quickly reversed course compare smith cheetham cai opinion livingston permitting juror testimony dana tucker johns per curiam overturning cheetham compare also bradley lessee bradley dall permitting juror affidavits cluggage supra opinion yeates explaining bradley incorrectly reported rejecting affidavits compare also talmadge northrop root admitting juror testimony state freeman opinion almost whole legal world adverse reception testimony question opinion invincible foundations time fourteenth amendment ratified lord mansfield rule become firmly entrenched american law see lettow new trial verdict law relations century america notre dame rev pponents juror affidavits largely middle century wigmore evidence trials common law mcnaughton rev wigmore lord mansfield rule came receive adherence almost unquestioned proffatt treatise trial jury well established rule law affidavit shall received juror impeach verdict vast majority adopted rule matter common law see bull commonwealth practice appears generally settled reject testimony jurors offered impeach verdict cases subject numerous cited tucker town council south kingstown collecting cases state coupenhaver mo law well settled traverse juror witness prove misbehavior jury regard verdict peck brewer far back doctrine held affidavits jurors heard impeach verdict heffron gallupe ruling inadmissible depositions jurors transpired jury room withers fiscus ind seems settled notwithstanding adjudications contrary affidavits received today acknowledges adopted mansfield rule matter common law ante ascribes significance fact hold dispositive history establish either sixth amendment ratified fourteenth amendment ratified defendant right impeach verdict juror testimony juror misconduct fact strongly suggests evidence prohibited absence definitive tradition permitting impeachment juror testimony basis invoke constitutional provision merely follow established course common law trials crimes story overturn colorado decision preserve rule cf boumediene bush scalia dissenting perhaps good reasons exist curtail abandon rule done see appendix majority opinion ante others ultimately question us decide left political process described justice alito see post dissenting opinion attempt stimulate thoughtful rational dialogue race relations ante today ends political process imposes uniform national rule constitution require rule neither respectfully dissent alito dissenting miguel angel petitioner colorado writ certiorari colorado march justice alito chief justice justice thomas join dissenting legal system many rules restrict admission evidence statements made circumstances confidentiality thought essential statements made attorney obtaining legal advice statements treating physician statements made spouse member clergy familiar examples see trammel even criminal defendant whose constitutional rights stake critical need obtain introduce evidence statements rules stand way goal avoiding interference confidential communications great value long thought justify loss important evidence effect justice system loss entails present case concerns rule like mentioned namely rule attempting overturn impeach jury verdict offering statements made jurors course deliberations centuries judgment experienced judges trial attorneys scholars lawmakers allowing jurors testify trial took place jury room undermine system trial jury integral legal system juries occupy unique place justice system participants trial presiding judge attorneys witnesses function arena governed strict rules law every word recorded may closely scrutinized missteps jurors retire deliberate however enter space regulated way jurors ordinary people expected speak debate argue make decisions way ordinary people daily lives constitution places great value way thinking speaking deciding jury trial right protects parties cases judged special class trained professionals speak language ordinary people may understand appreciate way ordinary people live lives protect right door jury room locked confidentiality jury deliberations closely guarded today admirable intention providing justice one criminal defendant pries open door rules respecting privacy jury room legal system done centuries violates constitution startling development although tries limit degree intrusion doubtful principled grounds preventing expansion today holding justifies decision ground nature confidential communication issue particular case clear expression terms racial uniquely harmful criminal justice system surely correct even tincture racial bias inflict great damage system dependent public trust today argument finds convincing thought sufficient overcome confidentiality rules like one issue suppose prosecution witness gives devastating false testimony defendant suppose witness motivation racial bias suppose witness admits attorney spouse member clergy suppose defendant threatened conviction serious crime lengthy term imprisonment seeks compel attorney spouse member clergy testify witness admissions even though constitutional rights defendant hang balance defendant efforts obtain testimony fail provides good reason result case rules barring admission juror testimony impeach verdict rules long history indeed ratification constitution typically traced back vaise delaval eng lord mansfield declined consider affidavit two jurors claimed jury reached verdict lot see warger shauers slip lord mansfield approach soon took root beginning century earlier firmly established rule flatly prohibited admission juror testimony impeach jury verdict tanner see wright gold federal practice procedure evidence ed wright gold noting mansfield approach came accepted almost mcdonald pless adopted strict rule cases federal mcdonald involved allegations jury entered quotient verdict calculated damages award taking average jurors suggestions held evidence misconduct used applied said unquestionably general rule losing party order secure new trial use testimony jurors impeach verdict ibid recognized defendant powerful interest demonstrating jury adopted arbitrary unjust method arriving verdict warned let established verdicts attacked set aside testimony took part publication verdicts many followed inquiry hope discovering something might invalidate finding ibid lead harass ment jurors destruction frankness freedom discussion conference ultimately even though rule may often exclude possible evidence misconduct relaxing rule open door pernicious arts tampering jurors internal quotation marks omitted firm approach taken mcdonald came known federal rule approach categorically bars testimony jury deliberations except offered demonstrate jury subjected extraneous influence example attempt bribe juror warger supra slip tanner supra see wright gold jurisdictions notably iowa adopted permissive rule iowa rule jurors generally permitted testify subject except subjective intentions thought processes reaching verdict warger supra slip accordingly iowa rule allowed jurors testify events conditions might improperly influenced verdict even took place deliberations within jury room wright gold debate proponents federal rule iowa rule emerged framing adoption federal rule evidence sides supporters contending arguments heard considered end strict federal approach retained early draft advisory committee federal rules evidence included version iowa rule draft forcefully criticized committee ultimately produced revised draft retained federal approach tanner supra see committee rules practice procedure judicial conference revised draft proposed rules evidence courts magistrates expressly repudiating iowa rule new draft provided jurors generally testify matter statement occurring course jury deliberations ibid new version approved judicial conference sent adopted rule referred congress initially house rejected version rule instead reverted earlier narrower advisory committee draft tanner supra see pp criticizing draft preventing jurors testifying quotient verdict irregularities occurred jury room senate however judiciary committee favored rule committee report observed house draft broke federal law allowing verdicts challenge basis happened jury internal deliberations view senate committee house rule permit ted harassment former jurors well possible exploitation disgruntled otherwise result undermined finality verdicts violated common fairness prevented jurors function ing effectively ibid senate rejected house version rule returned rule conference committee adopted senate version see conf version passed houses signed law president summary shows process culminated adoption federal rule evidence epitome reasoned democratic rulemaking distinguished members advisory committee went drafting process produced two drafts considered numerous comments persons involved nearly every area law rothstein proposed amendments federal rules evidence geo work committee considered approved experienced appellate trial judges serving judicial conference predecessors matter went congress specifically understood considered rejected version rule allowed jurors testify juror conduct deliberations tanner judgment participants process informed assessment empirical issue effect competing iowa rule jury system entitled great respect colorado considered question made judgment participants federal process adopted similar rule joined overwhelming majority ante great majority jurisdictions strong rules continue viewed promoting finality verdicts insulating jury outside influences warger slip ii recognizing importance rule twice rebuffed efforts create sixth amendment exception first tanner two terms ago warger tanner petitioners convicted committing mail fraud conspiring defraud trial two jurors came forward disturbing stories juror misconduct one claimed several jurors consumed alcohol lunch breaks causing sleep afternoons second added jurors also smoked marijuana ingested cocaine trial held evidence bacchanalia properly excluded rule noted ubstantial policy considerations support rule admission jury testimony impeach verdict little doubt postverdict investigation juror misconduct instances lead invalidation verdicts reached irresponsible improper juror behavior observed clear jury system survive efforts perfect allowing inquiries seriously disrupt finality process ibid also undermine full frank discussion jury room jurors willingness return unpopular verdict community trust system relies decisions laypeople tanner petitioners course sixth amendment right tribunal impartial mentally competent afford hearing quoting jordan massachusetts question however whether also right evidentiary hearing featuring one particular kind evidence inadmissible federal rules turning question noted substantial concerns support protection jury deliberations intrusive inquiry contrast etitioners sixth amendment interests unimpaired jury protected several aspects trial process ibid identified four mechanisms protect defendants sixth amendment rights first jurors examined voir dire ibid second trial jury observable counsel personnel ibid third jurors observable may report inappropriate juror behavior render verdict ibid fourth trial party may seek impeach verdict nonjuror evidence misconduct ibid sources protection petitioners right competent jury convinced juror testimony properly excluded ibid warger involved negligence suit arising motorcycle crash slip voir dire individual eventually became jury foreperson said decide case fairly impartially slip jury returned verdict favor defendant one jurors came forward evidence called question truthfulness foreperson responses voir dire according juror foreperson revealed deliberations daughter caused deadly car crash foreperson expressed belief lawsuit ruined daughter life ibid seeking use testimony overturn jury verdict plaintiff primary contention rule apply evidence concerning juror alleged misrepresentations voir dire otherwise interpreted plaintiff maintained rule threaten right trial impartial disagreed part claim rule unconstitutional circumstances foreclosed decision tanner slip explained ven jurors lie voir dire way conceals bias juror impartiality adequately assured two tanner safeguards reports jurors evidence slip tanner warger fit neatly broader jurisprudence concerning constitutionality evidence rules explained state federal rulemakers broad latitude constitution establish rules excluding evidence criminal trials holmes south carolina internal quotation marks alteration omitted thus evidence rules sort invalidated serve legitimate purpose disproportionate ends asserted promote tanner warger recognized rule serves vital purposes impose disproportionate burden jury trial right today first time creates constitutional exception rules specifically holds rules violate sixth amendment extent preclude courts considering evidence juror racially biased comments ante attempts distinguish tanner warger efforts fail tanner warger rested two basic propositions first rules advance crucial interests second right trial impartial jury adequately protected mechanisms use juror testimony regarding jury deliberations first propositions applies regardless nature juror misconduct argue otherwise instead contends cases involving racially biased jurors tanner safeguards less effective defendant sixth amendment interests profound neither argument persuasive noted tanner identified four aspects trial process protect defendant sixth amendment rights voir dire observation counsel personnel reports jurors evidence although insists mechanisms may compromised cases involving allegations racial bias addresses two fails make sustained argument either ante first contends effectiveness voir dire questionable cases involving racial bias pointed questioning racial attitudes may highlight racial issues thereby exacerbate prejudice ibid far clear however careful voir dire surmount problem lawyers may use questionnaires individual questioning prospective order elicit frank answers juror might reluctant voice presence prospective moreover practice guides replete advice conducting effective voir dire subject race outline variety subtle nuanced approaches avoid pointed course attorney concerned juror concealing bias peremptory strike may suggestion voir dire ineffective unearthing bias runs counter decisions holding voir dire subject race constitutionally required cases mandated matter federal supervisory authority others typically advisable case defendant requests see turner murray plurality opinion ristaino ross voir dire useful identifying racial prejudice decisions pointless cf turner supra plurality opinion noting ease risk racial bias minimized voir dire even majority recognizes advantages careful voir dire proces designed prevent racial bias jury deliberations ante reported decisions substantiate voir dire effective regard brewer marshall hasting people harlan see brief respondent listing additional cases thus voir dire magic cure good reasons think valuable tool event critical point present purposes effectiveness voir dire debatable empirical proposition assessment addressed process developing federal state evidence rules federal state rulemakers try variety approaches make changes response insights provided experience research approach taken today majority imposing federal constitutional rule entire country prevents experimentation makes change exceedingly majority also argues even cursorily racial bias may make difficult juror report inappropriate statements course juror deliberations ante told difficult call another juror bigot ibid since decision mandates admission testimony one juror statement made another juror deliberations must mean making argument jurors less willing report biased comments fellow jurors prior beginning deliberations still sitting biased juror verdict announced jurors gone home also questionable empirical assessment judgment better responsibility drafting adopting federal state evidence rules question jurors report biased comments made fellow jurors prior beginning deliberations see mcclinton heller tavares holbrook breyer see brief respondent brief amicus curiae marshals evidence reporting rarer variety even something distinction makes reporting debatable whether difference significant enough merit different treatment especially reporting disruptive may result extraneous influences juror initially minority ultimately persuaded jurors may second thoughts verdict announced may angry others panel pressed unanimity addition verdict unpopular particular juror family friends employer neighbors juror may regret vote may feel pressured rectify jury done short provides good reason depart calculus made tanner warger indeed majority uses hedged language appears recognize pragmatic argument something makeweight ante noting argument dispositive ante stating operation safeguards may compromised may prove insufficient iii real thrust majority opinion constitution less tolerant racial bias forms juror misconduct hard square argument nature sixth amendment right petitioner argument holding based sixth amendment protects right impartial jury nothing text history amendment inherent nature jury trial right suggests extent protection provided amendment depends nature jury partiality bias colorado aptly put hard discern dividing line different types juror bias misconduct whereby one form partiality implicate party sixth amendment right another found decision suggesting sixth amendment recognizes sort hierarchy partiality bias points line cases holding narrow circumstances constitution requires trial courts conduct voir dire subject race decisions however based ranking types partiality conclusion certain cases racial bias especially likely see turner plurality opinion requiring voir dire subject race particularly compelling need inquire racial prejudice qualitatively higher risk racial bias ristaino explaining requirement applies constitutionally significant likelihood absent questioning racial prejudice jurors impartial thus line cases advance majority argument undoubtedly true racial bias implicates unique historical constitutional institutional concerns ante hard see scope individual criminal defendant sixth amendment right judged impartially efforts reconcile decision mcdonald tanner warger illustrate problem writes misconduct cases troubling unacceptable anomalous ante contrast racial bias says familiar recurring evil causes systemic injury administration justice ante imagine two cellmates serving lengthy prison terms convicted homicides committed unrelated barroom fights trial first prisoner juror deliberations expressed animosity toward defendant race trial second prisoner juror deliberations expressed animosity toward defendant wearing jersey hated football team cases jurors come forward trial reveal biased juror said jury room say first prisoner entitled introduce jurors testimony racial bias damaging society second say even impartial jury must stay prison sports rivalries major societal issue disparate treatment unsupportable sixth amendment sixth amendment requires admission juror testimony statements conduct deliberations show one type juror partiality statements conduct showing type partiality treated way recasting equal protection case provide ground limiting holding cases involving racial bias minimum cases involving bias based suspect classification national merit equal treatment think bias based sex virginia exercise first amendment right freedom expression association see regan taxation representation washington indeed convicting defendant basis irrational classification violate equal protection clause attempting limit damage worked decision says clear expressions bias must admitted ante judging whether statement sufficiently clear often easy suppose allegedly biased juror case never made reference race national origin said lot experience macho type knew men kind felt get way women suppose jurors testified certain macho type meant refer mexican hispanic men many similarly suggestive statements easily imagined today decision difficult judges discern dividing line clear ly based racial ethnic bias least somewhat ambiguous iv today decision especially expanded ways seem likely invite harms rules designed prevent first explained tanner postverdict scrutiny juror conduct inhibit full frank discussion jury room see also mcdonald warning use juror testimony misconduct deliberations make intended private deliberation constant subject public investigation destruction frankness freedom discussion conference senate report put ommon fairness requires absolute privacy preserved jurors engage full free debate necessary attainment verdicts jurors able function effectively deliberations scrutinized litigation today ruling also prompt losing parties friends supporters attorneys contact seek question jurors pestering may erode citizens willingness serve juries many jurisdictions rules prohibit restrict contact jurors whether rules survive today decision open question effect decision privilege rules noted outset approaches permitted occur almost certain increase harassment outright coercion see mcdonald supra explaining laxer rule permit harassment former jurors losing parties well possible exploitation disgruntled otherwise one treatise explains juror reluctantly joined verdict likely sympathetic overtures loser persuadable view consent rested false impermissible considerations truth hard know mueller kirkpatrick federal evidence ed majority approach also undermine finality verdicts public policy requires finality litigation accusations juror bias may raised first time days weeks months verdict seriously disrupt finality process tanner supra threatens degrad prominence trial send message juror misconduct need dealt promptly engle isaac see conf conferees believe jurors encouraged conscientious promptly reporting misconduct occurs jury deliberations acknowledges strict rules promot full vigorous discussion protect jurors ing harassed annoyed litigants seeking challenge verdict giv stability finality verdicts ante majority logic imposing exceptions rules tend defeat full vigorous discussion expose jurors harassment deprive verdicts stability response jurisdictions already make exception racial bias detects signs loss juror willingness engage searching candid deliberations ante one wonders sort outward signs expect see jurors jurisdictions speak freely jury room counterparts jurisdictions strict rules gathering assessing evidence regarding quality jury deliberations different jurisdictions daunting enterprise offers indication anybody undertaken task short majority barely bothers engage policy issues implicated rules even carefully grappled issues still basis exalting judgment many expert policymakers endorsed broad rules decision seeks remedy flaw jury trial system said years ago questionable whether system trial jury endure attempt perfect tanner respectfully dissent footnotes prior appears juror affidavits sometimes received impeach verdict ground juror misbehavior although great caution mcdonald pless see dent hundred hertford salk eng philips fowler barnes eng previous revolution least early doctrine england distinctly ruled way stood ever since waterman treatise principles law equity govern courts granting new trials cases civil criminal although two declined follow rule century see wright illinois miss tel iowa perry bailey state courts already committed upon subject wigmore footnotes bias issue case bias mexican men app might described bias based national origin ethnicity cf hernandez new york plurality opinion hernandez texas however party suggested distinctions make substantive difference case explained extraneous influence exception es detract rather harmonize weighty government interest insulating jury deliberative process tanner extraneous influence exception like rule directed protecting jury deliberations unwarranted interference ibid particular justice department observed trong policy considerations continue support federal approach ecent experience shown danger harassment jurors unsuccessful litigants warrants rule imposes strict limitations instances jurors may questioned verdict letter kliendienst deputy attorney general judge maris cong rec senator mcclellan influential member senate judiciary committee insisted mischief rule plain see impossible conduct trials particularly criminal prosecutions know today every verdict followed hearing conduct juror deliberations letter mcclellan judge maris although warger civil case wrote constitution guarantees criminal civil litigants right impartial jury slip majority opinion case identifies fifth mechanism jury instructions observes explaining jurors responsibilities appropriate jury instructions promote robing thoughtful deliberation turn improves likelihood jurors confront flawed nature reasoning prompted influenced improper biases ante mechanism like listed tanner help prevent bias infecting verdict techniques used case purposes app tr morning session see people harlan trial took precautions outset trial foreclose injection improper racial considerations including questions concerning racial issues jury questionnaire brewer marshall judge asked juror presence jurors whether bias prejudice black persons persons hispanic origin lafave israel king kerr criminal procedure ed noting udges commonly allow jurors approach bench discuss sensitive matters also free conduct chambers discussions see gobert kreitzberg rose jury selection law art science selecting jury pp ed explaining issue approached indirectly suggesting use questions subjects like composition neighborhood juror lives juror relationship neighbors different races juror past experiences persons races jordan jury selection explaining whole matter prejudice approached delicately cautiously giving example indirect question avoids word prejudice wenke art selecting jury discussing questions identify biased jurors client member minority group suggesting instead asking juror attorney inquire national jury project jurywork systematic techniques krauss ed listing sample questions racial prejudice grine coward raising issues race north carolina criminal cases suggesting attorneys share brief example judgment shaped racial stereotype make easier jurors share biased views http last visited mar suggesting additional strategies providing sample questions mauet trial techniques ed suggesting likely beliefs attitudes accurately learned indirection lieberman sales scientific jury selection discussing research suggesting participants likely admit unable abide legal due process guarantees asked questions direct responses extent race become salient voir dire social science research suggesting may actually combat rather reinforce jurors biases see lee new approach voir dire racial bias irvine rev wealth fairly recent empirical research shown race made salient either pretrial publicity voir dire questioning prospective jurors opening closing arguments witness testimony white jurors likely treat similarly situated black white defendants way see also sommers ellsworth white juror bias investigation prejudice black defendants american courtroom psychology pub sommers ellsworth much really know race juries review social science theory research rev schuller kazoleas kawakami impact prejudice screening procedures racial bias courtroom law human behavior cohn bucolo pride somers reducing white juror bias role race salience racial attitudes applied soc psychology worth noting even voir dire entirely ineffective detecting racial bias proposition one defends still suffice distinguish case warger shauers allegation warger foreperson entirely circumvented voir dire lying order shield bias nevertheless concluded even jurors lie voir dire way conceals bias juror impartiality adequately assured means slip majority reliance warger ante unavailing noted cases juror bias might extreme prompt consider whether usual safeguards sufficient protect integrity process slip emphasis added considering question different adopting constitutionally based exception rules addition cases involve challenge evidence rule offer little guidance performing analysis required case see cleburne cleburne living center see armstrong burlington northern ford new orleans dukes per curiam majority emphasis unique harms racial bias succeed cabining novel exception rules may succeed putting kinds rules threat example majority approvingly refers widespread rules limiting attorneys contact jurors ante reasoning majority opinion clear rules enforced come conflict defendant attempt introduce evidence racial bias instance happen lawyer obtains clear evidence racist statements contacting jurors violation local rule something similar happened tanner remains seen whether rules type rules exclude probative evidence evidentiary privileges allowed stand way imperative purge racial prejudice administration justice ante