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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151 views

Is there any way to stop a rogue jury from making a deliberately bad decision?

It seems to me that juries potentially have the ability to deliberately and maliciously make decisions they know are wrong. For example, a jury might happen to say, "We know he's guilty, but we'...
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Do U.S. courts have to select a jury that's racially representative?

Do U.S. courts have to select a jury that's racially representative? I am wondering if there's a legal obligation of that sort nationwide, or if it varies by state, or if no such consideration needs ...
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How does one find jury members for highly publicized issues?

An extension of How does one find a judge for highly publicized issues? The answer to that question says that judges can adjudicate a case even if they had prior knowledge of the facts, and can be ...
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What happens if I never receive my CA jury duty summons in the mail?

This question is strictly hypothetical, but what happens if I never receive a Jury Duty Summons in the state of CA in the mail? Theerefore, I miss whatever trial/week I was assigned to, because I ...
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Is the following case about jury nullification true?

Let's say that someone lied about jury nullification in order to get on a jury with the intent to nullify, and they then get indicted for perjury. If they just demanded a trial by jury, would the ...
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How do defence lawyers get away with saying "he didn't do it" when they only can prove the uncertainty that he did?

Following various criminal trials (like this one) I often see defence lawyers claim that the defendant unequivocally did not commit the crime whereas they do not actually present (or claim to have) ...
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Can a US criminal bench trial be conducted without a defendant's jury waiver?

In 1980, the Court of Appeals of the Third Circuit ruled that the Fifth Amendment's due-process clause overrides the Seventh Amendment right to a jury trial in complex civil cases. This opinion was in ...
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When I move to Pennsylvania, will the State Jury selection system keep track of when I was called to serve in my previous state?

Background I recently moved to Pennsylvania from Massachusetts. Three years ago in MA I was called for state jury duty. I remember the officer there explained to me that being called for state jury ...
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How are US grand juries instructed not to 'indict ham sandwiches' if there is no judge or opposing counsel?

In the May 26, 2021 video How a NY special grand jury could impact Donald Trump CNN’s senior legal analyst and former federal prosecutor Elie Honig mentions the following in a background piece ...
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Does the XR vs. Shell case create precedent for environmental activism being necessary?

Six Extinction Rebellion activists were charged with criminal damage to the Shell HQ building in London’s Waterloo in April 2019. All admitted the actions, and five of the six relied on the defense ...
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131 views

On what grounds could threats of civil unrest overturn the results of a trial?

On Saturday, April 17, 2021, United States Congresswoman Maxine Waters called for protesters to “stay on the street” and “get more confrontational” if former Minneapolis police officer Derek Chauvin ...
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Judge to jurors: "I cannot give you a trial transcript; no such transcript exists" So, what is the court recorder doing?

After the closing statements in the Chauvin murder trial, the judge says the following to the jury before they retire to consider their verdict: "You will take with you into the jury room, ...
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Can a witness pleading the 5th be used as evidence?

In the Derek Chauvin trial, Morries Hall, a key witness for the prosecution has plead the 5th because he worries his testimony could result in charges against himself. My question is, is the jury ...
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are there studies done on how jurors respond to biased witnesses? [closed]

A witness, in theory, should not take a side. They should not be prejudiced or biased. They are only there to describe what they see, hear or witness in objective terms. They are only there to answer ...
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Are jurors instructed to not be influenced by the emotions of the witnesses?

The 61 year old witness for the prosecution of the Floyd case broke down and cried uncontrollably. Does the judge give instructions to the jurors that they cannot allow the emotions of the witnesses ...
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What if I am called for jury service while away from home for extended periods (UK)?

I live in the UK, and I may be away from home for over 6 months. During this time I will still be in the UK, but will not have a postal address. What happens if I am called for jury service while I am ...
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Why did the judge allow the state to present the personal side of George Floyd to the jury?

I just saw the opening statements for the George Floyd case. At the end of the opening statement of the State, they presented a slide with several bullet points that gave personal information about ...
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How do lawyers go about determining if a juror will be impartial with regards to recent bombshell info?

In the Derek Chauvin case, two jurors were recently dismissed because they were aware of the fact that Minneapolis paid a $27 million settlement to the family of George Floyd. How do lawyers go about ...
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In the US are jurors actually judging guilt?

Is it true that in US law jurors are not actually judging guilt, but rather whether the case against a person has been made in accordance with the concepts of all reasonable doubt? This meaning that ...
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Why is a jury trial more often used in criminal, rather than civil trails, in many countries?

This is the case in most common law countries. What is the commonly cited justification for this? Are jury trials shown to be more accurate than bench trials (particularly for criminal cases)?
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How do US appellate courts know the facts of the case?

My understanding is this: In the United States, in a jury trial the jury is the finder of fact, but they are not invited (or permitted) to share any of their findings beyond guilty/not guilty. I also ...
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Do proponents of jury trials see it as a means to an end, or an end in itself? [closed]

Let me explain the question. In the U.S., it is common place to hear people express enthusiasm for the fact that many cases are determined by juries. Such enthusiasm may be motivated by the efficiency/...
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What do empirical studies from civil law countries say about judge versus jury accuracy?

Casual conversations reveal that legal scholars from different countries differ significantly on their view of the accuracy of judge versus jury trials. By accuracy, I'm referring to the factual ...
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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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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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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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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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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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134 views

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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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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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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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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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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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 ...