Despite warnings from the judge, some jurors just don't understand the importance of avoiding contact with lawyers, witnesses, and parties and members of their family:
chttp://blog.al.com/breaking/2013/08/mistrial_for_man_charged_with.html
A blog about the very small percentage of jurors who fail to follow the judge's instructions, including doing independent Internet research, using social media (such as Facebook) to contact parties and lawyers, and blogging about the trial. Juror misconduct frequently results in mistrials and a waste of resources. Links will be provided to sample jury summonses, jury instructions, and other resources to improve juror education and minimize juror misconduct, thereby promoting fairness of trials.
Friday, August 30, 2013
Tuesday, August 27, 2013
Friday, August 23, 2013
Juror's Ethnic Slur Midtrial Results in Mistrial
Juror's ethnic slur about the defendants was heard after trial by a person on criminal probation and brought to court's attention prior to sentencing. Here are links to an article and the federal district court opinion:
http://www.med.uscourts.gov/Opinions/Hornby/2013/DBH_08192013_2-12cr50_U_S_V_FUENTES.pdf
http://www.mpbn.net/Home/tabid/36/ctl/ViewItem/mid/5347/ItemId/29570/Default.aspx
http://www.med.uscourts.gov/Opinions/Hornby/2013/DBH_08192013_2-12cr50_U_S_V_FUENTES.pdf
http://www.mpbn.net/Home/tabid/36/ctl/ViewItem/mid/5347/ItemId/29570/Default.aspx
Monday, August 19, 2013
JUROR CAUSES MISTRIAL BY FAILING TO DISCLOSE FAMILIARITY WITH POTENTIAL WITNESS
A mistrial was declared in a drug case after a juror failed to disclose knowing a witness and further violated the court's instructions by speaking to the witness outside the courtroom.
Link:http://thegazette.com/2013/06/06/drug-trial-ends-in-mistrial-because-of-juror-misconduct/
Link:http://thegazette.com/2013/06/06/drug-trial-ends-in-mistrial-because-of-juror-misconduct/
Friday, August 9, 2013
VT Hearing on Jurors' Alleged Misconduct in Voir Dire Should be Public Prosecutors Argue
http://www.burlingtonfreepress.com/article/20130806/NEWS07/308060013/Prosecutors-Hearing-on-Fell-juror-conduct-should-be-public?nclick_check=1
This article brings to mind the issue of attorneys researching the backgrounds of jurors both before and after trial (for purposes of new trial motions). There would be an incentive for defense counsel to withhold information on a juror's failure to answer honestly during voir dire and only bring forth the information if the defendant is convicted. See prior posts here discussing this issue.
This article brings to mind the issue of attorneys researching the backgrounds of jurors both before and after trial (for purposes of new trial motions). There would be an incentive for defense counsel to withhold information on a juror's failure to answer honestly during voir dire and only bring forth the information if the defendant is convicted. See prior posts here discussing this issue.
Sunday, August 4, 2013
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