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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2k views

Can a judge legally forbid a jury from Nullifying a verdict if they ask him about it before rendering a verdict

Let's say I'm part of a jury in a case where I believe jury nullification may be warranted, and that my other jurors may agree with me, and so I suggest it to my fellow jurors. My jurors ask me what ...
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In Canada, can a jury convict you of a crime that wasn't oringially charged?

Can you be charged with one crime, but convicted on a different crime? For example, could one be charged with first-degree murder, but be found guilty by a jury of second-degree murder? Could one be ...
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How would jury selection work for a trial of Donald Trump?

There are rumors of investigations into President Donald Trump that could potentially result in criminal charges after he leaves office. If this were to happen, how could a jury be selected in order ...
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Is there a limit to the number of trials on a criminal charge permitted due to hung juries?

In a jury trial for a criminal charge, SCOTUS recently ruled that a guilty verdict must be unanimous. In (almost) every state a verdict to acquit a criminal defendant must also be unanimous. If a jury ...
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3answers
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When and why are jury trials preferred to bench trials of criminal charges?

A jury trial consists of a judge, who is the arbiter of law, and a jury, which is the "fact-finder." A bench trial consists only of a judge, who determines questions of both law and fact to ...
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What educational requirements (if any) are required to be a juror in the USA?

Searching online I found the following information: To be legally qualified for jury service, an individual must: ... be adequately proficient in English to satisfactorily complete the juror ...
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1answer
126 views

Why require unanimous jury for 'not guilty' verdict?

People say that the rationale for requiring unanimous jury decisions is rooted in favouritism of the defendant. But is that true? Without referencing certain game theoretic experiments/models, it ...
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1answer
66 views

Can a judge remove the requirement of a jury?

From the song The Trial by Pink Floyd The evidence before the court is incontrovertible There's no need for the jury to retire I know I shouldn't read too much into a song (which takes place in the ...
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Judge to jury instruction in shooting of Colten Boushie case

I was told that with the following instructions the judge asked the jurors to acquit Mr. Stanley. Is that so? You must not find Gerald Stanley guilty unless you are sure he is guilty. Even if you ...
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180 views

Can Derek Chauvin's due process rights be guaranteed in a jury trial - for the murder of George Floyd - if the entire country knows about it?

Due process would demand Chauvin be granted a robust defense and proper trial so that justice can be done in the death of George Floyd. But the entire country knows all the facts about the case. How ...
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Shooting of Philando Castile | Jury Verdict

I am quite amazed by the verdict from the jury on Philando Castile's case where the cop was acquitted of any charges despite the graphic video evidence. Question: Are jury selected from the same ...
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Is there legislation in Australia (or individual states) that outline the penalties for juror misconduct?

While there have been penalties in the past for jurors posting case info to Facebook, researching case, etc, is there a specific Act/piece of legislation that outlines the consequences for doing so? ...
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Would a jury have been used in a divorce trial in 1920s England?

Alfred Hitchcock's silent film Easy Virtue opens with a divorce trial, interspersed with flashbacks. The film is set in the 1920s, and the trial is in England. It seems to show a jury meeting and ...
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Is there a time limit on claiming loss of earnings for Jury Duty?

Short version Are there limits on how long after serving on jury duty I can make a loss of earnings claim? Background I was serving on a jury from 17th to 21st of February this year. During that ...
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What is the origin of trials by jury?

What is the origin of trials by jury? Were juries used in Old Testament, Greek, Roman, or Inquisition trials?
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63 views

Is the press allowed to make initial contact with jurors after a trial?

In the United States, jurors sometimes speak to the press after a trial, sometimes many years later. Does the press have a legal way to make initial contact with jurors directly, or indirectly such as ...
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How is a bench trial simpler, or less costly than a jury trial?

My understanding is that a bench trial is one in which there is no jury because the judge is allowed to be a finder of fact as well as a finder of law. In a particular tort case, the facts are fairly ...
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USA, why the trial decision based completely on jury?

Watching the series about O.J. Simpson I was wondering “why in almost every case the decision based on jury?” and I personally think that this case is a good example to cast doubt of that legislation ...
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Impeachment jury tampering

The process of impeaching and removing a United States president is often compared to a criminal trial, with the House of Representatives acting to indict a suspect, and the Senate acting as jurors in ...
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How can Edward Snowden be denied a jury trial?

Is the US right to a trial by jury a conditional right which can be revoked preemptively? It was my understanding the US Constitution allowed anyone accused of a crime to be judged by a peer jury. ...
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1answer
145 views

Is there a benefit to leaving out a poor defendant from a suit and only suing the rich defendant?

If the poor defendant is sued as well as the rich defendant, could the jury end up assigning too much of the award to the poor defendant? Is that a reason to only sue the rich defendant? Assume that ...
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1answer
97 views

Is it good legal strategy to consider public opinion (USA)?

I read an article in which the police asked for information about a motorist. The motorist had run a motorcycle off the road, although after the motorcyclist decided kick their passenger side door. ...
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Jurors pre-judging before trial [closed]

I was arrested on charges in North Carolina. During the ongoing investigation, but prior to trial, the local news ran a piece showing my mug shot. They didn't say my name, but did say some bad things ...
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Protocol if juror cannot hear or see something clearly

If a sitting juror, or a prospective juror during voir dire, cannot see or hear something clearly, what is the protocol for the juror to alert the court of this? Say something immediately? Raise your ...
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Are Jurors informed about jurry Nullification [duplicate]

Are jurors in US criminal trials informed that they can rule contrary to the law as given by the Judge (aka "jury nullification") by the judge or by any official source? What happens when juries do "...
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Are jurors ever told about jury nullification in the US? If not, why not?

It seems that if jury nullification is a right, then jurors should be told about it.
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Can a juror be held in contempt if he/she sexually harasses another juror during a trial?

During a trial, if a juror complains to a judge that another juror has been sexually harassing her/him either inside or outside of the courtroom, can the judge hold this accused juror in contempt of ...
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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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264 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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261 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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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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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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228 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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1answer
343 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
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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
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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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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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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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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
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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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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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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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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
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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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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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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, ...