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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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 ...
8 votes
2 answers
4k 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 foreman to his ...
1 vote
1 answer
81 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
139 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,...
23 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
67 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
444 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.
37 votes
6 answers
12k 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
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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
194 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
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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
186 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
152 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
407 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
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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 ...
17 votes
1 answer
4k 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
12k 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
230 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
618 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
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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
184 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
114 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?
0 votes
1 answer
253 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?
5 votes
1 answer
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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 ...
-1 votes
4 answers
147 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
87 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 ...
10 votes
7 answers
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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'...
6 votes
2 answers
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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
210 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
5k 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
392 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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1 answer
174 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 ...
19 votes
3 answers
5k views

Is a potential juror protected for what they say during jury selection?

Walter and Bob are potential jurors for the same trial for a white supremacist. Walter happens to believe in white supremacy. Bob happens to be Walter's boss (or even just a potential employer). ...
7 votes
3 answers
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How is the quality of an expert witness judged?

When bringing in an expert to testify something, obviously that expert doesn't have to bring in their resume and go through 3 rounds of interviewing with every member of the jury, as if they were ...
3 votes
1 answer
328 views

Are jurors allowed to disquallify each other?

Say Mike the Murderer is on trial and there's no doubt he's the murderer. 12 jurors meet. All of them think he's obviously guilty, except for one David the dissenter. Is there any way the other 11 ...
13 votes
2 answers
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Can I ask for a Judge Trial - UK

In the UK, at least by my understanding, most trials are heard in a magistrates' court without a jury. Only the most serious crimes are heard in the Crown Court and require a jury verdict. However, if ...
2 votes
1 answer
121 views

How are huge demonstrations outside a court house dealt with?

For example, during Bill Cosby's trial, there were huge crowds with signs screaming all over outside the courthouse. I assume that every juror had to walk across that every day to get to the court. ...
10 votes
3 answers
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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 ...
3 votes
2 answers
274 views

What percentage of jury trials are unclear verdicts at start, vs cases where defended really should have plead for lesser charges?

My, limited, understanding of the US legal system is that pretty much everyone will be offered a plea bargain before going to trial. That would imply to me that the only people that end up in trial ...
-3 votes
3 answers
201 views

As a citizen, we have the right to a speedy and fair trial by jury of our PEERS. How does a group of one's peers present their attendance to a judge?

A defendant has the right to be tried by his peers. A group of the defendant's peers want to attend the trial as these peers. How do we confront the judge with our rights to be those peers? Peers are ...
2 votes
1 answer
567 views

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 ...
0 votes
1 answer
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Is it a requirement that jurors of a state prosecution be residents of the state that brought the legal proceedings?

Would a jury of your peers preclude jury members of neighboring states from deciding on your guilt? Is there any geographical consideration of who and what is considered your peers? I'm asking ...
2 votes
1 answer
92 views

Potential jurors in a state election fraud scheme-conflict of interest?

Obviously this question was inspired by recent events in the United States, specifically the state of Georgia. It applies more generally though to any such case. I thought that in order to be a ...
2 votes
1 answer
177 views

Can you force the Supreme Court to hear a lawsuit by including all other judges as defendants?

If all judges with jurisdiction over a case have a conflict of interest, they do not have to recuse themselves. If a lawsuit is filed against several people, it can be dismissed partially, with only ...
18 votes
3 answers
4k views

What is the purpose of not having jury trials for juveniles?

In the US, there is no right to trial by jury in juvenile court. I don't remember the SCOTUS case where that was decided, but IIRC the basis of the decision was that violations committed by juveniles ...
6 votes
2 answers
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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 ...