Does the trial court erred in failing to review the transcripts for accuracy before permitting the jury to read them?

MultiRegion, United States of America

The following excerpt is from U.S. v. Tisor, 96 F.3d 370 (9th Cir. 1996):

Tisor asserts that the trial court erred in failing to review the transcripts for accuracy before permitting the jury to read them while listening to the tapes. The district court's decision to allow the "use of transcripts during trial is reviewed for abuse of discretion." United States v. Taghipour, 964 F.2d 908, 910 (9th Cir.), cert. denied, 506 U.S. 899, 113 S.Ct. 283, 121 L.Ed.2d 210 (1992).

A district court is not required as a matter of law to listen to tapes prior to their being played to the jury or determine whether a transcript is accurate before permitting a jury to look at it. We rejected a similar argument in United States v. Booker, 952 F.2d 247 (9th Cir.1991). We held in Booker that the district court did not abuse its discretion in permitting jurors to use a transcript as an aid to listening to tape recordings "[a]lthough the district court did not review the transcript." Id. at 250. We found no abuse of discretion because of the presence of the following factors:

1. The jurors were not allowed to look at the transcripts before the tapes were played.

2. The transcripts were not admitted into evidence.

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