51
votes
Accepted
What is the purpose of being tried by a "jury of your peers"?
The U.S. Supreme Court has explained in Duncan v. Louisiana, 391 U.S. 145, 156 (1968):
Those who wrote our constitutions knew from history
and experience that it was necessary to protect against
...
- 66.6k
32
votes
Accepted
On American Jury Duty and Doctors' Letters to the Contrary
This will be highly dependent on the particular state, county, and city where you reside and which court summoned you.
It is of course "legitimate" for any eligible citizen to be summoned. ...
- 436
25
votes
Jury and Witness intimidation via Bible quotes
Witness intimidation? Unlikely.
I do see nothing in the statement that would amount to jury tampering. He's not standing up and yelling that he'll have the jury and everyone they have dear mowed down ...
- 43.2k
23
votes
Can the insurrection clause be applied without a conviction by jury?
Some due process is required and, whatever the initial procedure, it would be subject to judicial review. This is a link to the eight cases so far of people who have been disqualified for office under ...
- 13.2k
21
votes
Accepted
Jury and Witness intimidation via Bible quotes
Where would the intimidation lie? To qualify as witness intimidation, you need to coerce someone to not cooperate with the prosecution.
Given that all witnesses are required to take an oath to tell ...
- 1,409
20
votes
On American Jury Duty and Doctors' Letters to the Contrary
Yes. Normally, you have to appear and offer up your explanation while you are subject to cross-examination.
- 231k
20
votes
Accepted
Can the insurrection clause be applied without a conviction by jury?
There is no requirement for disqualification to be the result of a jury conviction
First, there is no such requirement on the plain reading of Section 3 of the 14th Amendment (and the current Supreme ...
- 219k
19
votes
What is the purpose of being tried by a "jury of your peers"?
Historical accident and path dependence
Specifically, in the case of the US Bill of Rights, it's that the Founding Fathers were rebels, not revolutionaries - they wanted to replace the leadership at ...
- 219k
17
votes
May a juror refuse to answer questions?
The case North Carolina v. Sanders contains many of the requisite elements. The first question is whether the judge can inquire into possible juror misconduct which may involve "giving cautionary ...
- 216k
17
votes
Accepted
Why are jurors still asked to apply the law if their primary role is to find facts?
Sometimes, juries are asked to make pure findings of fact. These are called special verdicts, and they used to be more common, especially when juries decided civil cases.
For example, Trustees of ...
- 9,306
16
votes
Falsifying Business Records; Why is Jury Unanimity Not Required
Quinta Juresic and Tyler McBrian explain this is their article for Lawfare, "What Must Prosecutors Prove in Trump’s NY Trial?"
They acknowledge there is no case law directly on point, and ...
- 66.6k
16
votes
Accepted
Falsifying Business Records; Why is Jury Unanimity Not Required
I wonder if Jen and I read the same article. It does give a number of cases the authors claim are similar enough:
In fact, the New York Court of Appeals, the state’s highest court, considered this ...
- 3,619
16
votes
Accepted
What happens if you don't appear for jury duty for legitimate reasons in the state of California?
From the Juror FAQ for the Southern District of California
The Court realizes that from time to time jurors may need to request a
temporary absence from jury service. These absences are generally for
...
- 4,818
15
votes
On American Jury Duty and Doctors' Letters to the Contrary
It depends on your medical condition
If you can or can not serve as a juror is up to the courts to decide. For this, bringing a medical note that explains what you can or can't do can help. In general,...
- 43.2k
13
votes
Why are jurors still asked to apply the law if their primary role is to find facts?
It's impossible to fully separate deciding the law from deciding the fact.
Without deciding what the law is, it is impossible to say what question of fact is relevant. No one can decide all possible ...
- 902
12
votes
What is the purpose of being tried by a "jury of your peers"?
Jen's answer is excellent as far as it goes. I'll just add some details relevant in the modern continued desirability of the practice and reality.
Juries tend to be pro-defendant in state law criminal ...
- 231k
12
votes
Can a defense attorney face any serious repercussions for trying to induce jury nullification?
Yes
The first suggestion the attorney is angling for this will get a warning from the judge. If they persist, this is contempt- a criminal offense. They will also be referred to the bar association ...
- 219k
10
votes
Can the insurrection clause be applied without a conviction by jury?
Yes.
Section 3 of the 14th Amendment is not part of the criminal law; it is simply a factual condition for the eligibility of a person for holding public office. Denying that eligibility is not a ...
- 5,954
9
votes
Why are jurors still asked to apply the law if their primary role is to find facts?
The broader answer to the "why don't you just..." question in the US is that it would require an amendment to the constitution, because jury trials are a protected right in criminal cases, ...
- 216k
9
votes
What is a special verdict?
There are a couple of senses of "special verdict." A true special verdict is one where the jury simply reports findings of fact and leaves it to the judge to apply the law to them. These are ...
- 66.6k
8
votes
Can a defense attorney face any serious repercussions for trying to induce jury nullification?
canada
The trial judge must ensure that the jury is properly instructed on the applicable law. See R. v. Abdullahi, 2023 SCC 19 at para 32.
It is improper for a lawyer to argue that a jury ignore that ...
- 66.6k
8
votes
Accepted
How can a judge send the jury out of the courtroom?
The jury is sent out of the court room when what is going on in the courtroom is not evidence properly before the jury. Examples where this happens:
voir dires as to the admissibility of evidence (or ...
- 66.6k
7
votes
May a juror refuse to answer questions?
No
new-south-wales
The judge has the power under s55D and s55DA to examine jurors under oath in certain circumstances, and the juror cannot refuse to answer, although if their answers are self-...
- 219k
7
votes
Jury and Witness intimidation via Bible quotes
canada
The most analogous offence to "witness and/or jury intimidation" is known as "intimidation of a justice system participant", codified at Criminal Code, s. 423.1(1)(b)
No ...
- 66.6k
7
votes
Why are jurors still asked to apply the law if their primary role is to find facts?
Guilty or Not Guilty is a fact
This is obvious because the law can be stated independent of the circumstances of a particular case. Whether a particular individual’s acts or omissions amount to a ...
- 219k
5
votes
What is the purpose of being tried by a "jury of your peers"?
Because America had the right, and because the British tried to repeal it
So, a slightly different tack here, I'd argue, pedantically, the main reason that America has trial by jury is because it had ...
- 439
4
votes
Why are jurors still asked to apply the law if their primary role is to find facts?
Many questions decided by juries apply a legal standard that inherently mixes questions and fact and law.
For example, in the U.S., about 75% of civil jury trials are in personal injury cases where ...
- 231k
4
votes
What is the purpose of being tried by a "jury of your peers"?
Many laws rely, at least in part, on the definition of "reasonableness". Even statutes which don't are often tempered by broader overreaching statutes that would allow violations of most ...
- 721
4
votes
Why are jurors still asked to apply the law if their primary role is to find facts?
canada
See R. v. Abdullahi, 2023 SCC 19 at para 31:
The jury is the sole trier of fact. But a jury is not presumed to know the law that it must apply when reaching its verdict. The judge regulates ...
- 66.6k
4
votes
In the Hush Money case, why was Trump not charged with the "other" crimes?
Maybe they didn’t happen
The charge that was brought only requires proof that the falsification was done with the intention of concealing other crimes - it is not required to prove that those crimes ...
- 219k
Only top scored, non community-wiki answers of a minimum length are eligible