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Jurors in Fla. can question witnesses

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Published: Dec. 26, 2007 at 3:22 PM

TALLAHASSEE, Fla., Dec. 26 (UPI) -- Jurors in Florida are able to ask questions of witnesses under new rules that also allow them to take notes.

The new rules take effect Jan. 1, The South Florida Sun-Sentinel reports.

Jurors will not be able to question witnesses freely. They must wait until prosecutors and defense lawyers have completed their questioning and then submit all queries in writing to a judge, who will decide if they are legally appropriate and ask the actual questions.

Lawyers are unsure of the effect the new rules will have, although most believe that the changes will need months or years of refining in appeals courts. Milton Hirsch, a Miami defense lawyer and author of "Bench Guide," a manual for judges, is dubious about the change.

"Jurors shouldn't cross over the line and question witnesses," Hirsch said. "It cheats the system when one party meddles in and takes over the role of another."

Defenders of the change say that jurors should get all the information they need. There are also studies that show jurors follow testimony more closely when they can ask questions, the report said.

Under the new regulations, jurors will also take written instructions into deliberations. Their trial notes will be destroyed after the verdict.

© 2007 United Press International, Inc. All Rights Reserved. Any reproduction, republication, redistribution and/or modification of any UPI content is expressly prohibited without UPI's prior written consent.

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