In class we learn that as a general rule, jurors are not allowed to testify about what happened in the deliberation room during deliberation. The origins of that rule, as well as it limits, are discussed in
this vocabulary rich article by Prof. Garret Epps in the Atlantic Magazine:
Every American knows that, if charged with a crime, he or she has a right to “a speedy and public trial by an impartial jury.” What can a defendant do if the jury “decides” by the impartial flip of a coin? Three
centuries of common law cases suggest that the answer is “nothing.”
That’s because courts usually won’t allow jurors to testify about what
happened behind closed doors. Next week, the Supreme Court will hear a
case testing whether that rule applies even when two jurors swear the
deliberations contained overt racism against the defendant. A ruling
either way would have important implications for a core part of the
American criminal justice system––the right to an impartial trial by
jury.
