JURORS BEHAVING BADLY

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.

Monday, September 18, 2017

When Colorable Claim of Juror Misconduct is Raised, Inquiry of Jurors MUST Occur

The link below is to federal 6th Circuit decision reversing the trial court which failed to itself or permit counsel to inquire of jurors as to a color claim of misconduct affecting the verdict. Here it was a juror's extraneous communications with a prosecutor (who was not involved in the case).This is but one of several cases in the past few years cautioning trial judges not to ignore claims of alleged juror misconduct but to inquire further through counsel. (a Remmer hearing) There should not be a race to finality but rather a thoughtful systematic inquiry into what happened and how it may have affected the verdict.

http://www.opn.ca6.uscourts.gov/opinions.pdf/17a0208p-06.pdf

Friday, September 1, 2017

Why Juror Misconduct is So Wasteful and Demands Harsh Consequences

In June a California murder trial was about to begin after FOUR weeks of jury selection and the questioning of hundreds of prospective jurors when juror misconduct was found. It is unclear from the reports but it appears a juror chosen to hear the case was conducting Internet research in violation of the court's order. This is a misdemeanor in California. The trial had to start all over again as a result and the juror (behaving badly) is facing misdemeanor charges.

http://www.vcstar.com/story/news/2017/06/27/judge-declares-mistrial-murder-case-after-finding-juror-misconduct/430576001/