50 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 ...
Jen's user avatar
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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. ...
josh3736's user avatar
  • 436
29 votes

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

canada It is a de facto power, not a right In Hohfeldian terms, the jury's ability to nullify is a de facto power not a right (see Wesley Newcomb Hohfeld, "Some Fundamental Legal Conceptions as ...
Jen's user avatar
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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 ...
Trish's user avatar
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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 ...
George White's user avatar
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21 votes
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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 ...
Mary's user avatar
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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 ...
Dale M's user avatar
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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.
ohwilleke's user avatar
  • 213k
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 ...
Dale M's user avatar
  • 209k
17 votes
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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 ...
sjy's user avatar
  • 9,178
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 ...
user6726's user avatar
  • 215k
15 votes
Accepted

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

While the right to a jury trial is waiveable, in order to have a bench trial in a federal district court, the court and prosecutor generally must agree. before any waiver can become effective, the ...
Jen's user avatar
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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,...
Trish's user avatar
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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 ...
bdsl's user avatar
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13 votes

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

yes, the jury can do this as a fact, if not as a right. Jury Nullification / Jury Equity is a thing. The jury might see the most guilty person who even admits the deed, but they may still decide "...
Trish's user avatar
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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 ...
ohwilleke's user avatar
  • 213k
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 ...
Dale M's user avatar
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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 ...
Peter - Reinstate Monica's user avatar
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, ...
user6726's user avatar
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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 ...
Jen's user avatar
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7 votes

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

united-states This is sort of like telling witnesses, “You have an absolute right to testify that you don’t remember something, and no one will ever be able to prove beyond a reasonable doubt that you ...
Davislor's user avatar
  • 2,884
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 ...
Dale M's user avatar
  • 209k
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-...
Dale M's user avatar
  • 209k
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 ...
Jen's user avatar
  • 55.1k
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 ...
lupe's user avatar
  • 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 ...
ohwilleke's user avatar
  • 213k
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 ...
Jen's user avatar
  • 55.1k
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 ...
supercat's user avatar
  • 721
3 votes

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

I don't know that there's any law explicitly answering this, but it seems that the answer would have to be that the state court summons must yield to the federal court summons. Under the Supremacy ...
bdb484's user avatar
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3 votes
Accepted

Was Wayne Hsiung acquitted or convicted this week?

Short Answer A jury is currently deliberating on misdemeanor trespass charges and felony conspiracy to trespass charges against Wayne Hsiung in a Sonoma County, California court in Santa Rosa, ...
ohwilleke's user avatar
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