Juries

Juror Attempts to 'Friend' the Defendant

WESH Orlando: JurorBooted After Friending Defendant On Facebook‎

WALA-TV Fox10: Fla. jurordismissed for Facebook friend request‎

Sarasota Herald Tribune: Facebook request gets man kicked off jury

Eventually, courts might have to start imposing some type of penalty for such behavior.  For example, courts in England have taken a much tougher approach to jurors who improperly use the Internet.

Breastfeeding Moms Serving Jury Duty

Patch.com: POLL: Should Breastfeeding Moms be Exempt from Serving on Juries

This article discusses pending legislation (HB 4691) in the state of Michigan that would exempt breastfeeding moms from jury service.  The article is also interested in receiving feedback from others on HB 4691.

Jury News

Baltimore Sun: Just say no to marijuana convictions

Chicago Tribune: Bill in Senate would free nursing moms from juries

‎Press Association (UK): Judge 'prejudice influences jury'

‎Youngstown Vindicator: Officials: Jury duty validates citizenship

Click Orlando: Juror changes mind, bails on 'guilty' verdict

Monterey County Herald: Courts crack down on Facebook jurors

 

Defendant Granted New Trial After Jurors Offer Expert Opinions

In People v. Jerge, the Appellate Division of the Supreme Court of New York overturned the defendant's conviction of sex abuse of a child becuase two jurors "interjected their professional knowledge into the jury deliberations." The appellate court went on to say that "the...jurors offered improper professional opinions that were not the subject of expert testimony and were not subject to cross-examination, thereby depriving defendant of a fair trial."

More on the Prosecution of Julian P. Heicklen

Last week, I had a post discussing an article which favored the prosecution of Professor Julian P. Heicklen for jury tampering.  Today, Professor Paul Butler, a long time advocate of jury nullifcation in cases involving low-level non-violent drug offenses, has written an Op-Ed in the New York Times defending the actions of  Professor Heicklen.  As some may recall, Professor Heicklen is being prosecuted for jury tampering because he stood outside a federal courthouse in New York handing out pamphlets with the following language.

The judge will instruct the jury that it must uphold the law as he gives it. He will be lying. The jury must judge the law as well as the facts.

Juries were instituted to protect citizens from the tyranny of the government. It is not the duty of the jury to uphold the law. It is the jury's duty to see that justice is done....

Once on a jury, must I use the law as given by the judge, even if I think it's a bad law, or wrongly applied?

The answer is "No. You are free to vote on the verdict according to your conscience."

 

Ohio's HB 265 and Giving Prosecutors the Right to Trial by Jury

Apparently, Ohio is one of 21 states that grant the right to request a jury trial solely and exclusively to the defendant.  The other jurisdictions to include the federal government give prosecutors some say in the process.  For example, Federal Rule of Criminal Procedure 23 states that a defendant may only waive a trial by jury with the consent of the prosecution.  This provision has been upheld by the Supreme Court in Patton v. U.S. and Singer v. U.S. 

Recently, Ohio State Rep. Lynn Slaby, a former prosecutor, introduced HB 265. If enacted into law, this bill will allow prosecutors to request a jury trial in any case where the defendant has a similar right. HB 265 proponents, of which there are few outside of the prosecutor's office, like to point to the federal system as the reason why Ohio should change its laws.  One might argue that this rule is necessary on the federal level because federal judges have lifetime tenure.  Thus, if you are a prosecutor with a case involving a gun charge and you don't like how a particular judge deals with gun cases, you might want the option of going to the jury. However, that argument doesn't work as well in a state like Ohio where judges do not have lifetime tenure and regularly face reelection.

Jury News

New York Daily News: New York: Your Jury May Not Look Like You

The Australian: Juror in Microsoft case at peace with decision

Omaha World Herald: Feisty juror made impact on murder trial

NBC Chicago: Blago Lawyers Want New Trial for Juror Mistake

Stateline: Jurors on the Internet: a dilemma for courts

CharlotteObserver:The pool - not process - may keep blacks off juries

 

Delaware Attempting to Limit Right to Jury Trial for Certain Misdemeanors

Washington Examiner: Delaware justices weigh constitutionality of bills

"The state Supreme Court is weighing the constitutionality of two bills that Delaware lawmakers passed in an effort to make the court system more efficient. The high court heard arguments Thursday in response to Gov. Jack Markell's request for an advisory opinion on the constitutionality of the measures, which he has yet to sign.

The measures aim to eliminate jury trials for routine motor vehicle cases, which backers say would reduce congestion in the court system and allow more serious criminal cases to be heard in a timely fashion.

The bills, if signed, would limit the ability of defendants charged with certain minor traffic offenses to have their cases heard by juries or "law-trained" judges, and, in some cases, to appeal..." to continue reading go here.

Professor Julian Heicklen and Jury Nullification

Here is an interesting article (the Illegality of Advocating for  Jury Nullification) written by two lawyers who suppport the federal government's effort to prosecute Professor Heicklen for jury tampering.  According to the authors of the article, Professor Heicklen crossed the line when he stood outside the federal courthouse in New York and handed out pamphlets with the following language:

The judge will instruct the jury that it must uphold the law as he gives it. He will be lying. The jury must judge the law as well as the facts.

Juries were instituted to protect citizens from the tyranny of the government. It is not the duty of the jury to uphold the law. It is the jury's duty to see that justice is done....

Once on a jury, must I use the law as given by the judge, even if I think it's a bad law, or wrongly applied?

The answer is "No. You are free to vote on the verdict according to your conscience."

For a defense of Professor Heicklen's actions go here.  For more background on the issue go here.

h/tip CourtroomLogic

Jurors and Complex Trials

Every now and then the idea of preventing jurors from sitting on trials involving complex or confusing issues gains some traction.  However, numerous studies have proven that 12 jurors, regardless of the subject matter, perform as well as 1 judge.

NEWS.com.au: Justice Peter McClellan calls for court review of jury process

The Daily Telegraph: Juries lie at the heart of justice

Sydney Morning Herald: Jury brings common sense to trials: AG

ABC Online: Judge wants to cut juries from complex trials