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Neil Vidmar and Shari Diamond, "Jury Room Ruminations on Forbidden Topics," 87 Va. L. Rev. 1857, 1915 (2001) :

The juries in the Arizona Jury Project talked about insurance and attorney's fees frequently in their deliberations, even though the evidentiary rules of Arizona, like those of most states, bar insurance evidence except under limited conditions and bar information about attorney's fees in all cases.
However, Vidmar and Diamond also wrote (id. at 1874):
Even in cases in which juries discussed forbidden topics, they spent only a small portion of their time on those topics. Our preliminary data analysis reveals that the juries invested most of their time and effort in actively sorting out competing claims and arriving at a plausible interpretation of the evidence presented at trial and in struggling to understand and apply the court's instructions on the law. Although we postpone any judgment on how juries performed with respect to particular issues pending more complete data analyses, we can report our general impression at this point that, notwithstanding the occasional grumblings of jurors about being conscripted, the tedium of trial, or the performance of the lawyers, all of the juries we studied took their assigned tasks seriously. They diligently reviewed the evidence, attempted to understand it, paid attention to the judicial instructions, and applied the law as they understood it.
See complete article here. Vidmar and Diamond discuss a number of questions, including the extent to which jurors consider matters that were not mentioned at trial.


 

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