Note-Taking

Orin Kerr posts about a law professor who has banned laptops from the classroom because, in the professor's words, "'they were focusing on trying to transcribe every word that was I saying, rather than thinking and analyzing.'” Prof. Kerr, in turns, replies "If profs think students are writing too much, isn’t the answer just to explain why and let them decide how to respond?"

I suggest instead, instructing the students with the model California jury instruction on note taking:

102. Note-Taking [caution - very large PDF]

You have been given notebooks and may take notes during the trial. Do not remove them from the courtroom. You may take your notes into the jury room during deliberations. Here are some points to consider if you take notes:

1. Note-taking may tend to distract you. It may affect your ability to listen carefully to all the testimony and to watch the witnesses as they testify; AND

2. You may use your notes only to remind yourself of what happened during the trial, but remember, your notes may be inaccurate or incomplete.

I do not mean to discourage you from taking notes. I believe you may find it helpful.

Note