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L. GUIDELINES FOR SEQUESTRATION OF JURORS

The committee discussed whether guidelines or policies are needed for sequestration of juries after witnessing the negative effects of the oppressive conditions of the sequestered jury in a lengthy and highly publicized California trial.

No one on the committee could recall any Arizona jury being sequestered, even during deliberations, in the past 20 years. Simply put, the culture seems to have changed, and sequestration has fallen into disuse. However, a judge might well have to seriously consider sequestration in the event of a highly publicized, high profile case.

The committee concluded that Standard 19, Arizona Jury Management Standards (1992),(1) should suffice for general guidance when sequestration is considered. The trial judge, after conferring with counsel, will have to provide specific detail to fit the needs of the particular case. Further guidelines of a statewide nature are not necessary at this time.

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1. Standard 19, "Sequestration of Jurors," is set forth in full under Appendix 5.