Monday, June 5, 2023

Once Again, Jurors Do Not Lose Constitutional Rights When They Report for Duty

 In North Carolina in October 2022 a judge found a juror in contempt of court for violating the judge's personal requirement that jurors in his courtroom wear a mask.  Signs posted in the courthouse indicated no masks were required and court staff were not wearing masks.  Nevertheless the prospective juror was ordered jailed for 24 hours.  

I make no comment about the mask requirement.  But I repeat again that jurors and anyone appearing in court, including spectators, do not abandon their rights at the door.  If a judge observes possible juror misconduct or such is alleged, summary punishment is not appropriate.  The trial should be paused briefly for investigation by law enforcement (if no jury impaneled, excuse the juror),  the alleged miscreant should be given a Miranda warning and afforded appointed counsel, and no questioning should occur without counsel present.  

See prior posts on 2-17-23 and 11-15-22.

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