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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Jurors not allowed to talk to each other during the trial?
Apparently many judges instruct jurors not to discuss the case in progress. What is the rationale for this, other than just yet another tactic to marginalize juries and prevent them from trying cases?
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Should I serve jury duty when I have no respect for the judge?
My son was once sentenced to 3 years in prison in a particular case. The individual(s) that took him to court had deep personal connections with law officials in our small county. This seems to have ...
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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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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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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 ...
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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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What is the penalty for a bad-acting juror?
Let's say Bob is part of the jury during a trial. But Bob is a dishonest/bad juror. What penalties could he face, and what party would be prosecuting him?
The particular scenarios I have in mind are:
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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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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 ...
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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).
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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 ...
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Can a potential juror plead the fifth?
I am interested in the law surrounding jurors. During juror selection (voir dire) a potential jurors can be asked questions to determine their suitability to serve on the jury. Is it ever legal for a ...
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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 ...
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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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I lost my jury summons, what can I do?
I recieved a jury summons a little while ago. This summons contained information on where to go as well as some paperwork to bring in. The summons was accidentally thrown out by the cleaning service.
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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 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 ...
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How does the law guarantee true disregard by jurors?
How can the court and public guarantee disregard by jurors when they're instructed to do so? I doubt that a verbal instruction suffices, when judges themselves can be biased. What forestalls or ...
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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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Why does the legal system allow lawyers to give purposely confusing instructions to jurors?
I just read this answer to a popular question here, where it explains why lawyers aren't allowed in juries most of the time; here's an excerpt:
If a lawyer is in the jury, that person will ...
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Are US jurors always free to speak about the trial?
In England and Wales, jurors are forbidden to speak to anyone about the trial or their deliberations, even after the trial is finished. In contrast, I've noticed that jurors in the US often give ...
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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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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 ...
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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'...
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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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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 ...
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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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Law in fiction: acquittal of Moriarty in *Sherlock* TV series
[clarification: I'm posting this question here because it is arguably a better forum than scifi.SE]
In "The Reichenbach Fall" (Sherlock season 2, episode 3), Jim Moriarty breaks into the Jewel House ...
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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 ...
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Can a court judge override a jury decision?
My knowledge of law is minimal, I'm curious about edge cases in the jury/judge dynamic. When can they override each other, interesting situations where decisions that would typically be made by one ...
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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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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 ...
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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 ...
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Is citizenship a requirement for jury duty?
Would a permanent resident be asked to do jury duty, or must a juror be a citizen? What are the rules of who is eligible for jury duty? Are there people in the US who go their whole lives and never do ...
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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 ...
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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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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 ...
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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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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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Are there legal ways to get out of jury duty?
I have a mental disability called high-functioning autism. The biggest relevant effect is an increased social ineptitude, to the point that even thinking about the possibility of having to do jury ...
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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 ...
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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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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 ...
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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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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 ...
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Is it more difficult to convict politicians because of juries?
Let's say a politician is charged with a crime that is normally punishable by prison. But one or more people on the jury is/are of the same party as that politician and thinks they did nothing wrong ...
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