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Questions tagged [jury]

A panel of "peers" (often of 12) selected from the citizenry that acts as a "trier of fact" in a court case.

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Child care exemptions for jury duty in NYS?

New York State (USA) here. I work full time and my wife is a full-time stay at home mom and caretaker for our two children (ages 4 and 6). My wife received a Jury Duty summons and is expected to show ...
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145 views

Would a judge release a potential Juror who's only complaint was that he didn't want to be a juror?

From what I have heard of the selection process for jury duty it seems as if anyone who makes an argument for why they can't or shouldn't be a juror is excused by the judge, no matter how flimsy the ...
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Does talking about jury nullification get you blocked from jury duty? [duplicate]

I've heard from a few different (non-authoritative) sources that talking about jury nullification will get you removed from a jury. Is that actually true? If so, does it therefore follow that if you ...
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“Reasonable doubt” and conditional probabilities

Let A be the event that the accused is guilty and B is the event that evidence / testimonies are presented against the accused. In the U.S., does "reasonble doubt" refers to a juror's subjective ...
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163 views

Translation of witness testimony

You are a juror on a serious criminal case in the United States. One of the witnesses, a tourist, has no knowledge of English. Questions and answers for this witness (both direct and cross) are ...
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2answers
112 views

What juries usually do – hard statistical data [closed]

This morning the jury in the Manafort case had not yet returned a verdict but said they had a partial verdict. It was not yet clear on how many of the charges they had reached a verdict. A commentator ...
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1answer
878 views

Likelihood of jury selection procedure in this story

I had some questions about how jury selection works upon reading the following story that was shared to Facebook: A couple of years ago I got called for jury duty and made it through a couple of ...
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1answer
111 views

Requirement to disclose information during jury selection

During jury selection and you are a potential jury member, are you required to answer the question if asked whether you own a firearm or are a member of the NRA?
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110 views

Are damages in civil cases assessed by the judge or the jury?

In common law countries, criminal cases are usually tried by jury, but the judge is responsible for sentencing. Even in the United States, where there is a constitutional right to a criminal trial by ...
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1answer
1k views

Any solid research on error rate of criminal conviction system: jury vs judges?

To my knowledge most countries use one of two systems for determining the guilt of the accused in criminal cases: “jury of your peers” (who don’t have to justify their decision) vs “judg(es), possibly ...
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1answer
48 views

Signing Declaration

I served as juror on a civil case last month. We've reached our verdict. After a month, I got a call from the losing party asking me to sign a declaration stating the facts about how we've reached our ...
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3answers
1k views

Could jury instructions reasonably be viewed as a kind of expert witness testimony?

It seems to me that jury instructions could be viewed as a kind of testimony provided by an expert witness (the judge) about what verdict must be returned based on what facts the jury finds to be true....
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194 views

Judge override jury verdict

From what I have read a judge can override a guilty verdict. If he does so, for what I have read, there is no reprisals to that judge if he decides to do so. That judge does NOT need to explain his ...
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354 views

What tactics can a juror use to get excused from jury duty?

Being a jury is a very low paid job. Most people are busy. Many cannot leave their bizs. So, I would expect many people do not want to be a jury. Can I pretend that I am a libertarian that knows ...
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In USA, is it possible to end up being called to jury duty even if you have not registered to vote?

My friend received a letter summoning her to jury duty. She has not received anything like that before, even though she is now in her 40's and has been a U.S. citizen all her life. Also she never ...
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1answer
122 views

UK law - what is the process of convicting a defendant of a lesser offence than the charge?

There is already an (unanswered) question on the site regarding this in US law, but I'm asking about UK law, so I felt it appropriate to ask again: Can a jury always convict on a lesser included ...
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2answers
430 views

Intimidation by other jurors?

What recourse do I have if, as a juror, I am intimidated with threats of physical violence or other misfortunes by other jurors to reach a conclusion they want? If the answer is to talk to the judge, ...
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292 views

What is the concept behind the trials like in movie: “Twelve Angry Men” [closed]

This question is out of my curiosity. What is the concept behind such trials/courts, where people from the society (with different background) are chosen for a case as juries? On what basis are these ...
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1answer
134 views

Can a jury's vote be nullified , if majority of the jury is found to have leaning towards a certain political and racial group hence causing a bias?

In U.S. multiple ways have been politically implemented through which minorities don't have a huge representation , even in the jury. So , can the person who is trying to be convincted of a crime , ...
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4answers
2k views

Why 12 Jurors, why not 11, 10, 9, 1?

The question might seem basic, but why do juries in the United States consist of 12 members? Was there an experimental determination of this number? Would the addition or removal of a juror ...
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1answer
776 views

Do cases of Jury Nullification set precedent?

After reading the answers from this question, What is jury nullification?, I was wondering if cases of Jury Nullification would set legal precedent within a given jurisdiction. For example, a legal ...
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1answer
227 views

Under what circumstance is trial by jury suspended in the UK?

The most obvious example I can think of is a Diplock court, where juries are suspended and the case presided over by a single judge. This arrangement was created in response to terrorism during The ...
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1answer
171 views

Do judges in Massachusetts always have original jurisdiction even in “trials by jury”?

How exactly does the law work with regards to the powers and privileges of juries. For example, in Massachusetts the law (General Laws Part III Title I Chapter 214) reads: The supreme judicial ...
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Why was Joe Arpaio not given a jury trial?

Joe Arpaio, the former Sheriff of Maricopa County, AZ, was found guilty of criminal contempt of court by U.S. District Judge Susan Bolton on July 31, 2017. Apparently Arpaio requested a trial by jury, ...
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1answer
371 views

How to handle Traffic Court ignoring basic rights

I requested a trial by jury in WA state for a traffic ticket (I know not a standard or suggested move as I understand, but I figured if I was going to court, I might as well have the satisfaction of ...
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1answer
139 views

Why did Judge William H. Leery III refuse to have Jeronimo Yanez's testimony re-read to the jury?

Judge Denies Request to Reread Yanez Testimony, Jury Continues Deliberations Recall that last year in Minnesota, officer Jeronimo Yanez killed Philando Castile, who was sitting on the passenger side ...
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1answer
159 views

What is the justification for discouraging juries from failing to reach a verdict?

It was reported yesterday that the jury in the Bill Cosby case was deadlocked but was ordered by the judge to continue to try to reach a verdict. This was done by reading a standard statement: ...
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1answer
2k views

Can a jury find a defendant guilty on a charge for which the defendant was not arraigned?

Can a jury find a defendant guilty on a charge for which the defendant was not arraigned? For example, if a defendant is indicted on a charge of manslaughter can the jury convict him of murder?
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3answers
201 views

Has the First Amendment been held to include the right to film jurors?

When (in what case) has the First Amendment been held to include the right to film jurors in a court room? I also leave open the possibility that there has been no such holding or even an opposite ...
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1answer
472 views

Can a jury always convict on a lesser included charge?

There is a question on movie stack exchange regarding the Few good men movie (spoilers) regarding why some people were not found guilty of first degree murder but only of a factually fully different ...
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0answers
93 views

How would the court handle a situation where evidence could be provided that presents minor justification but would take extensive time to present

Imagine a court case where an argument for a defendant could be made that is judged to give them only a very slight increased chance of being found innocent, but would take a disproportionately large ...
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1answer
382 views

If a lawyer is a juror and he accurately explains a legal concept to fellow jurrors is he violating his ethical responsibilities?

Many questions on here stress that a jury is suppose to rule based off of the rules as explained to them by the judge and facts presented during the case, not on their own knowledge or expertise. It'...
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253 views

What if a juror admits to having disregarded a judge's faulty instructions?

There are a number of situations where this could arise, but I'll use the one that I'm most familiar with: the Frank Quattrone (mis)trial. Frank Quattrone was an investment banker who was charged and ...
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2answers
131 views

Would someone face any repercussion for declaring they will vote guilty if made a juror?

Lets say someone doesn't want to serve jury duty. He shows up when summoned but states to the judge in no uncertain terms that he intends to vote guilty, regardless of the content of the case, if he ...
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3answers
316 views

Could a juror research legal or scientific information online to assist him in rendering his verdict?

Before anyone asks I am not a juror, I'm not researching things during a case, I promise I'm not being contemptuous inside or out of a court :) There are a number of strict rules about what a juror ...
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167 views

Why can judges not set aside jury verdicts of acquittal?

Would it be correct to say that the reason why judges do not have power to set aside a jury verdict of acquittal in a criminal case is precisely that that would violate a right to a trial by jury? ...
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1answer
169 views

Why would a landlord put the following in a residential rental agreement?

I saw the following in a rental agreement: Legal Proceedings: Landlord and Tenant agree that any action or proceeding arising out of or in any way connected with this agreement, regardless of ...
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1answer
8k views

Jurors not allowed to talk to each other during the trial?

Apparently many judges instruct jurors not to discuss the case in progress. What is the rationale for this, other than just yet another tactic to marginalize juries and prevent them from trying cases? ...
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261 views

Is 'You the Jury' TV show really legal?

Recently I saw an ad for a new reality TV show on FOX called "You the Jury". On Thursday, the network announced "You the Jury," a new prime-time, unscripted reality show that allows the audience ...
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1answer
112 views

jury nullification [closed]

I've heard about jury nullification, and I find it very interesting, but I don't know how it works exactly, and what is the legality of it. I've never dabbled in the "laws", so I'm not exactly ...
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2answers
467 views

Is NY State Constitution Article VI Section 18 (a) Unconstitutional?

It reads: [Trial by jury; trial without jury; claims against state] §18. a. Trial by jury is guaranteed as provided in article one of this constitution. The legislature may provide that in any court ...
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1answer
7k views

Under what circumstances do civil cases go before juries in the U.S.?

In a criminal case, per Rule 23, either party may demand a jury trial (and the defendant usually does). A civil case, however, is often decided by a "bench" (judge) trial. Under what circumstances ...
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1answer
673 views

Can grand juries indict people without the prosecutor asking?

According to this article about Bridgegate: Then, in a dramatic twist, Brennan called for any New Jersey citizen currently serving on a grand jury to exercise their legal right to summon him to ...
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1answer
206 views

Can a judge order a juror stricken for cause to return?

Can a judge order a juror to return for jury duty based on the juror's answer in voir dire? I observed the following in a Texas court. During voir dire a juror was asked, Would you hold it ...
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1answer
113 views

How does the selection process for jury duty work?

I've recently received a jury summons and since this is all very new to me I've spoken to a number of people I know, it turns out no one I've spoken to has ever been summoned, leading me to believe it'...
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1answer
160 views

Can I ask potential jurors in a prima facia state if speeding is legal?

In some jurisdictions, e.g., Texas, driving faster than the posted speed limit is only the prima facie evidence of an unreasonable speed, where, if charged with a violation, one could still argue in ...
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2answers
220 views

CCP Section 209 (b) Ordered to Appear in Court, however, employer has declined to allow me to appear

My employer has declined to allow me to appear in court today. I missed two jury summonses and have been issued an order to appear to explain. I am due to show today, however, my employer has a lot to ...
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1answer
207 views

How do courts redress jury decisions when evidence of jury bias is present?

tl;dr: How do courts redress jury decisions when evidence of jury bias is present? Example case I know from Georgia: victim hit by a drunk driver. The players and timeline below. Plaintiff (victim)...
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5answers
10k views

Should I serve jury duty when I have no respect for the judge?

My son was once sentenced to 3 years in prison in a particular case. The individual(s) that took him to court had deep personal connections with law officials in our small county. This seems to have ...
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1answer
14k views

I lost my jury summons, what can I do?

I recieved a jury summons a little while ago. This summons contained information on where to go as well as some paperwork to bring in. The summons was accidentally thrown out by the cleaning service. ...