•  
  •  
 

Authors

Daniel S. Day

Abstract

In State v. DeMille, the Utah Supreme Court addressed the question whether a prayer or a supposed answer to a prayer is an improper "outside influence" under Rule 606(b) of the Utah Rules of Evidence, thereby enabling a party to impeach a jury verdict through juror testimony. The question is one of first impression in Utah. DeMille is imbued with tension between legalistic concerns of rationality, fairness and finality on one hand, and accommodation of a religious community on the other. This conflict is colored by public perception of the jury's purpose within the American judicial system as a democratic body and truthfinder. Answering the question posed requires sensitivity to this wide spectrum of values-legal, religious and democratic.

Share

COinS