When a trial attorney in New York gives a summation, can that attorney tell the jury that it is the conscience of the community? Does a lawyer making such a comment to the jury when summing up jeopardize a favorable verdict? The answer to these questions is a definite “maybe,” and depends on the context of such a comment, the frequency of its use, and whether the case is pending in state or federal court. This article addresses these questions, and its authors believe that as the role of a jury is indeed to serve as the conscience of the community, counsel should be permitted to so comment in all courts, and there is no innate prejudice to either side when counsel does so.
In 2007, the U.S. Postal Service issued a commemorative stamp (displayed on this page) paying homage to jurors.
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