When does juror misconduct overturn a guilty verdict? Ask a lawyer – Orange County Register
Q: Two questions: During Ghislaine Maxwell’s trial, she was found guilty of virtually all of the counts, but now it’s been reported that there may have been juror misconduct so the verdict could be up. void. First question: What kind of misconduct by a jury would cause a guilty verdict to be thrown out?
DC, Santa Ana
ONE: Occasionally, a jury engages in inappropriate or illegal activity that compromises the defendant’s right to a fair trial. If so, the conduct is called jury misconduct. In a California criminal case, jury misconduct may be: (a) telling someone about a case that is not on the jury; (b) refuse to consider; (c) conduct an unauthorized, independent investigation of the facts of the case, (d) speak to a juror about the case, unless the entire jury is present at a session formally, and/or (e) conceal personal beliefs and/or experiences that may influence the objective consideration.
The key question for the court is whether misconduct causes “irreparable prejudice”.
The judgment on the defendant will be set aside when “the court finds there is a substantial possibility that the vote of one or more jurors has been influenced by exposure to a judicial matter concerning the defendant.” or the case itself is not on the record, but the case has already been submitted to the jury. ”
Q: My second question: What if jury misconduct is discovered?
DC, Santa Ana
ONE: Your answer to your second question will partially benefit when the jury discovers misconduct. The judge has options: (a) dismiss the subject juror and replace him or her with an alternate juror, or, if there is none, proceed with an 11-member panel, if agreed by the parties consent; (b) dismissing the entire panel, (c) declaring a false cause, which means dismissing the charges or rehearing the case; or (d) warn the jury of misconduct and move on.
Q: I was called to jury duty. Please explain “serious voir.”
FL, Lawndale
ONE: Voir dire is French for “tell the truth.” That’s the process by which attorneys for both sides question the jury. The interrogation is usually subject to certain conditions set forth by the court. The goal of the interrogation is to help decide who will be selected to serve on the jury, and who will be challenged or exonerated for good reason.
Ron Sokol has been a practicing attorney for over 35 years, and has also served multiple times as chief judge, mediator and arbitrator. It is important to note that this column presents a summary of the law and should not be considered legal advice or considered legal advice, let alone a substitute for actual advice with a qualified professional. degree.
https://www.ocregister.com/2022/01/18/when-does-juror-misconduct-nullify-a-guilty-verdict-ask-the-lawyer/ When does juror misconduct overturn a guilty verdict? Ask a lawyer – Orange County Register