Note-taking by jurors, similar to permitting jurors to ask questions, once was generally discouraged but it is now becoming widely accepted. The arguments against note-taking are that the best note-takers, or perhaps the only note-taker, may dominate jury deliberations. Some critics assert that jurors will attach too much significance to their notes, merely because there is a writing, and attach too little significance to their independent memory. The opponents argue that the jurors who generally are not experienced in note-taking may accentuate irrelevances in their notes and ignore substantial issues or evidence. Also, note-taking jurors may not pay sufficient attention to the witnesses’ on-the-stand demeanor and behavior, which is very important in assessing credibility.
Many courts have concluded that these concerns can be overcome with proper instructions. The 3rd U.S. Circuit Court of Appeals in U.S. v. Maclean , a 1978 opinion, held that the decision to permit jurors to take notes is within the sound discretion of the trial judge if the jury is instructed on the proper use of the notes. Judge A. Leon Higginbotham, writing for the court, concluded that the benefits of note-taking, despite arguments to the contrary, are substantial enough to allow the trial judges to decide whether note-taking should be permitted. Higginbotham noted that the value of note-taking will vary depending upon the complexity and quantitative nature of each trial.
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