Friday, February 17, 2023

Jurors Don't Forfeit Constitutional Rights at Courtroom Door

 I have written before that jurors accused of misconduct do not forfeit their constitutional rights at the courtroom door.  Some stories in past have made no mention of court-appointed counsel for a juror prior to judge questioning them about alleged violations of the court's instructions as to social media and outside research during the trial.  The juror should be advised on their 5th amendment right against self-incrimination.  Judges cannot will-nilly seize a juror's electronic device and conduct a forensic examination, nor can they allow lawyers in the case to do so.  The best route always is to pause, act cautiously, and refer the matter to law enforcement, even if a brief adjournment of the trial is necessary.  Also consult the attorney assigned to the judicial branch.

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