Runaway Jury: An Analysis of State Laws Concerning Juror Impeachment

Abstract

The no impeachment rule bars the admission into evidence of juror testimony regarding jury deliberations in proceedings questioning the validity of a verdict. In Pena-Rodriguez v. Colorado, the U.S. Supreme Court created a constitutional exception to the no impeachment rule to allow impeachment of a verdict by a juror’s testimony regarding a fellow juror’s clear statement during jury deliberations indicating reliance on racial bias as a substantial motivating factor for that juror’s vote. This study traces the history of the no impeachment rule, analyzes the Court’s decision in Pena-Rodriguez v. Colorado, examines variation in exceptions provided by states’ statutory no impeachment rules, and discusses the likely impact of Pena-Rodriguez as well as policy implications of the current state of no impeachment statutes.