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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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8 votes
1 answer
3k views

What happens if you don't appear for jury duty for legitimate reasons in the state of California?

I'm wondering what happens if I can't appear on my date I'm assigned for jury duty? For example, if I get into a car accident on the way to the courthouse or my kid gets sick on the day of jury duty. ...
-4 votes
3 answers
227 views

In the Hush Money case, why was Trump not charged with the "other" crimes?

In New York law, falsifying business records (which Trump was charged with) is only a misdemeanor. However, if the falsification was done with intent to help commit or conceal a crime, then it is ...
0 votes
0 answers
50 views

What is effect of lack of special instructions to Trump's jury for unanimity of guilt in the underlying felony upon subsequent appeals? [duplicate]

Former president Trump was recently convicted of 34 felonies relating to false business records. Payments made to Michael Cohen were falsely recorded as legal expenses when in actuality those payments ...
18 votes
3 answers
5k views

Falsifying Business Records; Why is Jury Unanimity Not Required

Let me preface, this is not a political post, and please refrain from discussing political beliefs in the answers. In the recent case about falsifying business records, former president Trump was ...
4 votes
1 answer
443 views

What is a special verdict?

In the context of criminal proceedings, what is a special verdict?
-1 votes
0 answers
50 views

What is a special verdict form, and what is the basis in law for this jury to be able to develop their own theory and not have to disclose it? [duplicate]

Background (how I arrived at this question): In the CNN's May 31, 2024 video "'Cannot have a double standard': Retired judge on upcoming Trump sentencing" a commentator said (on the topic of ...
-2 votes
0 answers
49 views

Why doesn't the jury get transcripts of all the testimony? [duplicate]

During their deliberation in the Trump "hush money" trial, the jurors made a few requests to the judge: to rehear some of the testimony, and for one of the judge's instructions to the jury. ...
0 votes
1 answer
164 views

How can a judge send the jury out of the courtroom?

Source Hicks praised Trump's business acumen and media skills during her testimony, and hesitated or said she didn't recall when asked about the former president's direct knowledge of some conduct in ...
1 vote
1 answer
122 views

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 ...
13 votes
3 answers
5k views

On American Jury Duty and Doctors' Letters to the Contrary

In the United States, can someone be legitimately be summoned for jury duty when a doctor provided a letter with medical reasons to the contrary?
0 votes
1 answer
142 views

Does any amount of jury tampering negate an acquittal?

Apparently during the 1987 racketeering trial of John Gotti, an anonymous jury was empaneled. However, one of the members, George Pape, had a connection to one of the defendants and accepted a bribe ...
0 votes
2 answers
524 views

Is a Tenant Entitled to a Jury Trial in an Eviction Case?

Is a tenant entitled to request a jury trial? If yes, does it matter if the tenant is being evicted for nonpayment of rent vs. the Summary Dispossess Act in an owner occupied premises?
3 votes
1 answer
174 views

Do we know the false positive rate of judge and jury decisions in the Post Office Horizon case?

In the UK it is currently in the news about the fallout from the Post Office Horizon case. My understanding is that all those accused are now considered innocent. This is a relatively rare example ...
27 votes
4 answers
3k views

Can the insurrection clause be applied without a conviction by jury? [duplicate]

Folks are trying to keep Trump off the ballot because "he engaged in insurrection."  Now, let's NOT argue about whether he did or didn't.  What I'm interested in is judges saying he did AND ...
8 votes
3 answers
6k views

May a juror refuse to answer questions?

I'm working on a novel about jury nullification. The jury decided to ignore the judge's orders and to define what they think the law is. The judge hears the rumor and summons the foreperson to their ...
-3 votes
1 answer
217 views

Prospective juror being held in contempt for their opinions

From my understanding, prospective jurors will be asked a series of questions which will determine if the attorneys think that person is a good candidate to serve on the jury. Does a prospective ...
4 votes
3 answers
5k views

Jury and Witness intimidation via Bible quotes

Let's say in this hypothetical scenario you have an extremely devout Christian man on trial for a crime where he could be executed. He gets called to the stand and under examination makes a speech. In ...
1 vote
1 answer
88 views

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? ...
2 votes
1 answer
300 views

Which jury duty is the mandatory one to attend if a person is summoned to both State and Federal court on the same day?

In the United States, while it is extremely rare, it is possible to be summoned for Federal and State jury duty on the same day as depicted in this picture taken from a Reddit post: When this happens,...
22 votes
8 answers
8k views

What is the purpose of being tried by a "jury of your peers"?

If you are facing criminal charges (in the United States), there is a person in the court (the judge) who is an expert in law, has extensive experience, and is (at least theoretically) impartial. And ...
-3 votes
1 answer
89 views

What is the longest typical length of time for a Sonoma county superior court jury deliberations? [closed]

Wayne Hsiung is currently awaiting a jury verdict from a trial in Sonoma County Superior Court for some misdemeanour and some felony charges. How much longer would he likely be waiting for a verdict ...
-4 votes
1 answer
456 views

Was Wayne Hsiung acquitted or convicted this week? [closed]

Or has the jury not yet returned a verdict? Note: as stated in title, this question is asking about the case that hit a jury this week.
36 votes
6 answers
13k views

Why are common people selected for jury duty?

Why are common people selected to be the jury in the USA? Shouldn't people that know the law to decide criminal's fate? Why pick just some twelve random people to be the jury and decide the outcome ...
21 votes
7 answers
6k views

Why are jurors still asked to apply the law if their primary role is to find facts?

Why do juries get asked whether the defendant is guilty or not instead of simply whether certain alleged facts took place? Say Rob is being tried for the murder of Bob, but there's also a possibility ...
7 votes
2 answers
3k views

Can a defense attorney face any serious repercussions for trying to induce jury nullification?

Say the prosecution has irrefutablly concrete evidence that the defendant commited the crime of which he is accused. Knowing this, the attorney of the defendant plays on empathy and convincing the ...
0 votes
1 answer
226 views

In a criminal RICO trial, on a particular count, what elements can be shared among the co-defendants?

The Georgia 2020 Election subversion case (a RICO of the Georgia State variety) is quite complex in that there are 19 defendants who are charged with one or more counts from the list of 41 distinct ...
11 votes
4 answers
7k views

Do jurors have an absolute right to acquit a defendant according to their conscience?

It is in the news that someone is being prosecuted for holding up a placard stating: “Jurors: you have an absolute right to acquit a defendant according to your conscience.” outside the crown court ...
10 votes
1 answer
250 views

How would a potential Juror report another as not suited to be in a jury?

The only time I was ever called for jury duty while waiting with potential Jurors I spoke to one who essentially said that she believed that a trial would only happen if the cops had definitive proof ...
1 vote
4 answers
159 views

Why is a jury trial more often used in criminal, rather than civil trials, in many countries? [duplicate]

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)?
2 votes
2 answers
429 views

Can I ask potential jurors in a prima facie 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 ...
8 votes
1 answer
4k views

Does Trump have the right to waive a jury trial and request a bench trial in the classified documents case?

In the Federal criminal case against Donald Trump in the Mar-a-Lago classified documents case, does former president Trump have the ability to waive a jury trial and request a bench trial? Given ...
18 votes
1 answer
5k views

Why don't people who are untruthful during jury selection get held in contempt of court?

This question is U.S. based. I ask this because recently I was summoned for jury duty. When we were in the courtroom, the judge asked each of the jurors in the box a list of questions. One of them ...
12 votes
5 answers
14k 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 ...
2 votes
2 answers
281 views

For what causes can a judge dismiss a juror? E.g. 17 year old defendant, juror said she believes video games contribute to violence

Is something like that prejudicial enough that the juror should be dismissed by the judge? Because it feels like that juror is just a sympathetic peer; do we dismiss people who are sympathetic? I ...
1 vote
2 answers
628 views

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

NY State Constitution Article VI Section 18 (a) 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. ...
-2 votes
1 answer
130 views

What is the dresscode for jurors in Australian courts? [closed]

Are there any rules and regulations jurors in Australian courts have to abide by when it comes to how they are dressed in court? If so, what would be the consequences of violating them? Can jurors be ...
-5 votes
2 answers
256 views

Why no right to a jury trial in Espionage Act trials?

Why are defendants in trials for alleged criminal violations of the 1917 US Espionage Act, -- as, say, Julian Assange would be if extradited to the US -- not afforded the same right to an open and ...
-3 votes
1 answer
116 views

Jury (mis)conduct [closed]

If I have to attend a jury in Australia, is it illegal for me to dress up in the goofiest manner? Is it possible for me to be accused of misconduct on that ground?
5 votes
1 answer
259 views

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 ...
-1 votes
4 answers
170 views

Can someone use good deeds to "bribe" their way to innocence?

Question inspired by Yakuza Judgement. Carl, the huge rich criminal, is on trial for a murder he obviously committed. But during the trial, he looks at the 12 jurors and says "if you let me go, I ...
2 votes
2 answers
91 views

Is it a valid attorney strategy to make statements, even if they will be striken from the record?

Similar to how, in football/soccer, players strategically go for fouls because they're effective. Is it common practice for an attorney to bring up inadmissable evidence/points that, even though they ...
9 votes
7 answers
5k views

If the Jury considers evidence that should be discarded in the US, what would the result be?

This comes from the movie A Guilty Conscience, which may be one of the best movies of the past 20 years in Hong Kong and its box office is the highest ever. Movie Spoiler Warning What if the defendant'...
7 votes
2 answers
8k views

If I am out of the country for a long time, am I liable for missed Jury Duty?

Say that I spend a few years traveling the world, visiting Europe, Asia, Africa, etc.. Then I come back to my home in the California to find missed several Jury Duty summons in the mail. Am I liable ...
30 votes
3 answers
2k views

Are jurors allowed to teach law to one another?

I vaguely recall in the case of Oracle v. Google in regards to Java v. Android that was happening in a district court physically located in San Jose, California, that one of the jurors was familiar ...
6 votes
2 answers
247 views

Are there any limits on being "overly selective" during Jury Selection?

Say Andy the attorney is trying to defend Nathan the Nazi in a criminal court case. During Jury Selection, where potential jurors are vetted, what is stopping Andy from saying that every Nazi-hater is ...
19 votes
4 answers
6k views

Is there any recourse if a defendant was found guilty due to an unknowingly false claim made by a juror during deliberations swaying jurors?

I know that often a potential juror who is a lawyer, or anyone with direct expertise relevant to a case, will be removed by one side or the other. However, this doesn't always happen, if for example ...
4 votes
2 answers
483 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?
1 vote
1 answer
251 views

Can prosecutors and/or judges be sued for dereliction of duty when they change charges to avoid a jury trial?

Scenario (Utah, USA): A defendant is arraigned at a pre-trial hearing. Charges include driving without insurance and driving with an expired license. State law declares that those who do these things ...
3 votes
2 answers
2k views

Not smart enough for jury duty

Someone I know is not mentally handicapped but has hard time understanding things and often needs to have private tutoring to grasp a concept. This person is potentially being selected for jury duty. ...
10 votes
3 answers
6k views

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 ...