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Juror misconduct law and litigation by Lillian B. Hardwick

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Published by C. Boardman in New York, N.Y .
Written in English

Subjects:

Places:

  • United States.

Subjects:

  • Jury -- United States.,
  • Judicial process -- United States.

Book details:

Edition Notes

Includes index.

Statementby Lillian B. Hardwick and B. Lee Ware.
ContributionsWare, B. Lee.
Classifications
LC ClassificationsKF8972 .H29 1988
The Physical Object
Pagination1 v. (loose-leaf) ;
ID Numbers
Open LibraryOL2048939M
ISBN 100876326173
LC Control Number88026261
OCLC/WorldCa18413598

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III. Some Common Forms of Juror Misconduct Jurors commit misconduct in a variety of ways. Virtually all of them indicate that the juror was biased, has become biased, or was instrumental in creating bias among other jurors. Some of the more commonly seen types of juror misconduct are presented below. A. Concealment of Material Information File Size: KB. However, if the juror misconduct is not discovered until after the day time limit for motions under Rules and , the courts have construed the later discovered misconduct to constitute newly discovered evidence under Fla. R. Civ. P. (b), and relief in the form of a new trial is permissible. This juror is the same panelist who herself penned a novel involving “predatory older men.” when another ex-student makes sexual-misconduct allegations On the same book-review site. Juror Misconduct means violation of a court’s charge or law by a person who serves the jury. Juror misconduct can take place during trial or in deliberations after trial. The circumstances under which the act of a juror is considered as misconduct are: 1. communicating with outsiders, witnesses, attorneys, bailiffs, or judges about the case;.

  Trial by Ouija Board: When jurors misbehave. In his new book, Professor Jeremy Gans explores a famous case of juror misconduct from the s, and its ongoing implications for the trial-by-jury system. By Professor Jeremy Gans, University of Melbourne. Juror misconduct can occur in many different ways, and can be committed by just one member or several. For instance, juror misconduct can occur in the initial juror selection stage, if one juror lied in response to a question during voir dire (their initial examination by the judge and/or counsel). When an issue about juror misconduct arises, the trial court should, as a general rule, inform the parties and counsel of the issue, inform those persons how the judge plans to address the alleged misconduct, if at all, and hear from counsel on the issue. Jury Misconduct -- 3. On the flip side, when a trial court granted a new trial based on juror misconduct, the Court of Appeals acted with similar deference toward the decision even where the record did not clearly reflect the prejudicial effects. In a motorcycle accident case, a judge awarded a new trial because four jurors were seen looking at a composite drawing.

a motion for a new trial alleging that the misconduct of the jurors corrupted the verdict or that some extraneous, prejudicial influence has reached the jurors during trial or deliberation. This Article explores the most commonly encountered situations involving juror misconduct or extraneous influences. It furtherAuthor: Denise M. O'Malley. Reporting other misconduct and irregularities — s 75C Jury Act. If any of you in the course of the trial suspect any irregularity in relation to another juror’s membership of the jury, or in relation to the performance of another juror’s functions as a juror you should tell me about your suspicions. Juror misconduct 1 i s not a recent problem. 2 D espite instructions from trial judges to the contrary, jurors have been too often tempted to access information from outside the courtroom. 3 Y ears ago, one solution to the elimination of outside influence on jurors was sequestration. Sequestration is still used in noncapital criminal cases in Florida at the trial court’s discretion and is. “That can be especially challenging in a high-profile case like Bill Cosby’s. The comment about [the book deal] alone would not amount to juror misconduct. In any event, juror misconduct could result in a new trial or reversal on appeal, but should not impact the sentence itself.”.