4min chapter

5-4 cover image

Tanner v. United States

5-4

CHAPTER

Can a Juror Testify About Drug and Alcohol Use?

Sandra Day O'Connor: Jurors can't testify about drug and alcohol use during the trial, before deliberation. The dissent says no, that's not the relevant distinction. What the rule is meant to do is protect the confidentiality of jury deliberations. If the testimony is admissible, then Tanner probably needs a new trial at the end of the day.

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