Bailiff's comments to jury that rendered an acquittal are under investigation:
http://courtnet/NewsClippingItemDisplay.aspx?item=60140
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.
Wednesday, August 27, 2014
Tuesday, August 19, 2014
Second Reversal in a Month by CA Supreme Court Due to Juror Misconduct
The California Supreme Court reversed a murder conviction in a case where a juror was lobbying other jurors prior to deliberations that the defendant was guilty. The Court stated "...the (juror's) transformation from impartial fact finder to combative advocate before deliberations began is separate and serious misconduct." People v. Weatherton.
Link to opinion: http://www.google.com/url?sa=t&rct=j&q=&esrc=s&frm=1&source=web&cd=1&ved=0CCAQFjAA&url=http%3A%2F%2Fwww.courts.ca.gov%2Fopinions%2Fdocuments%2FS106489.PDF&ei=7qvzU6WMK4-0yATOy4GIDA&usg=AFQjCNEOT_Iusu8tpmQPyre6hxchQi5SRg&sig2=56I5Z9rkvrdOeBeVKLawJg
The opinion is instructive to judges as it discusses the post-trial hearing conducted by the trial judge, including conflicts attorneys and "Miranda"-style warnings to the jurors questioned about their alleged misconduct and violation of their oath.
Link to opinion: http://www.google.com/url?sa=t&rct=j&q=&esrc=s&frm=1&source=web&cd=1&ved=0CCAQFjAA&url=http%3A%2F%2Fwww.courts.ca.gov%2Fopinions%2Fdocuments%2FS106489.PDF&ei=7qvzU6WMK4-0yATOy4GIDA&usg=AFQjCNEOT_Iusu8tpmQPyre6hxchQi5SRg&sig2=56I5Z9rkvrdOeBeVKLawJg
The opinion is instructive to judges as it discusses the post-trial hearing conducted by the trial judge, including conflicts attorneys and "Miranda"-style warnings to the jurors questioned about their alleged misconduct and violation of their oath.
Friday, August 8, 2014
Juror's Discussion With Pastor About Mercy, Empathy & Responsibilites as a Citizen Results in Overturned Verdict in Penalty Phase
During deliberations of the penalty phase a juror discussed "mercy and empathy" and his duties as a citizen with his pastor (starts at p. 37 of this 55 page opinion) but not the facts of the case. The Supreme Court of California reversed the jury verdict in the penalty phase and remanded it to the trial court for a new trial of the penalty phase.
LINK: http://www.courts.ca.gov/opinions/documents/S050102.PDF
LINK: http://www.courts.ca.gov/opinions/documents/S050102.PDF
Friday, August 1, 2014
Federal Judicial Center Survey of Attorneys' and Jurors' Use of Social Media During Trial: Includes Suggested Instructions and an Oath
The Federal Judicial Center is the educational and research agency for the federal courts. Note the juror oath in the appendix regarding research and using social media during trial.
http://www.fjc.gov/public/pdf.nsf/lookup/jurors-attorneys-social-media-trial-dunn-fjc-2014.pdf/$file/jurors-attorneys-social-media-trial-dunn-fjc-2014.pdf
http://www.fjc.gov/public/pdf.nsf/lookup/jurors-attorneys-social-media-trial-dunn-fjc-2014.pdf/$file/jurors-attorneys-social-media-trial-dunn-fjc-2014.pdf
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