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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Why are lawyers typically excluded from juries?
At least in the United States practicing lawyers are called to serve on juries. But my understanding is at least one side will always remove them before trial. Why would it always be the case that ...
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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 ...
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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 ...
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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 ...
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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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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 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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Legal Definition of Peers, as in Jury of your Peers
I was wondering how the word "peers" has come to be defined legally the way it has.
legal-dictionary.thefreedictionary.com states that legally the word is held to mean:
This has been interpreted ...
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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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Could a prosecutor hint the jury about past dismissed cases?
In Can you present a clear record if you do Driver Safety Course in Texas?, it was determined that after taking a Driving Safety Course, a record of such action is placed upon one's driving record.
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How to do voir dire if you had taken a Driving Safety Course?
In Can you present a clear record if you do Driver Safety Course in Texas?, it was determined that after taking a Driving Safety Course, a record of such action is placed upon one's driving record.
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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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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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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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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 ...
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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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Are juries able to ask questions during a trial?
One thing I keep seeing on TV crime dramas like Law and Order is that the defense and prosecution ask questions of those at the bench for the sake of the jury, at times trying to trigger emotional ...
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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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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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What are the legal consequences for serving in a jury if you are not eligible because you are not a citizen?
I got a jury summons letter last week and was asked to be in court Monday. I went and was there for 5 - 6 hours deliberating with other jurors whether or not this guy should've gotten a speeding ...
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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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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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Do 'questions come from the jury after they have retired to consider their verdict, when they can't be answered'?
Source: pp 185-186, The Art of the Advocate (1993) by Richard Du Cann QC (called to the Bar of England and Wales).
Juries have no rights on questions of evidence at all, except as
the final ...
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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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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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In Oracle America v. Google, what was the District Court jury's rationale behind its "fair use" finding?
In the case of Oracle America v. Google, the District Court of Northern California ruled on whether or not Google's reimplementation of 37 Java APIs constituted fair use. My question is, how - in the ...
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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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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 ...
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Consequences of introducing inadmissible evidence to the judge and jury
Evidence may be inadmissible, but that doesn't necessarily mean it will be ineffectual in its influence of the jury, and the judge. For example, evidence proving a horrendous crime done by the accused,...
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is 12 of your peers a bad thing now?
Everything about the US legal system is based on police lineups and a unanimous decision by 12 of your peers.
But surfing a popular physics website I stumbled across phys.org
"Under ancient Jewish ...
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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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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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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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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?
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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 ...
