Question: Can the exhibits that are admitted during a trial by the judge go back to the jury room to be reviewed by the jurors?
Answer: Yes. The trial court should consider three factors in deciding whether to permit the jury to take a copy of the exhibits to the jury room. Those factors are: (1) whether the material will aid the jury in a proper consideration of the case; (2) whether any party will be unduly prejudiced by submission of the material; and (3) whether the material may be subjected to improper use by the jury.
Additionally, the trial judge must conduct the proceedings in a manner that facilitates ascertainment of the truth, insures fairness, and obtains economy of time and effort commensurate with the rights of both society and the criminal defendant…. Although this Court has been liberal in allowing the jury to rehear portions of the evidence, there are limitations on the trial court’s discretion. For example, trial courts may not allow the jury to review the testimony of an entire trial. While the trial court has discretion in determining what the jury may take with it to the jury room at the beginning of deliberations, that discretion is somewhat more limited in the situation where the jury interrupts its deliberations to request material to review.