“Extraneous Prejudicial Information”: Remedying Prejudicial Juror Statements Made During Deliberations

Federal Rule of Evidence 606(b) precludes juror testimony regarding
deliberations, but contains an exception for “extraneous prejudicial information.”
A circuit split on the issue of what qualifies as “extraneous prejudicial
information” has created dramatic inconsistency in the application of the Rule.
This Note evaluates the role of juries, discusses the policy concerns on which the
Rule is based, provides historical context for how the circuit split was created,
highlights the pitfalls of the narrow interpretation of “extraneous prejudicial
information,” and makes a case for reform using state variations on the Federal
Rule. I conclude that Rule 606(b) must be amended and that this can be done
without undermining the policy concerns that have caused some circuits to be
reluctant to implement change.

Note | View PDF | Appears in Volume 55, Issue 3

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