Comment on When a judge tells the jury to ‘forget XYZ,’ how can the jury possibly do that?
YoFrodo@lemmy.world 1 day ago
Its more that when deliberating the jurors just consciously disregard that info. However, everyone knows that this is a request at best. What jurors do or do not consider when they are deliberating will vary.
danc4498@lemmy.world 1 day ago
If they openly talk about something they were told not to talk about, could that have any repercussions?
FenrirIII@lemmy.world 1 day ago
Their discussions are usually confidential and between them. The lead jurist should remind people not to use that component when deliberating. Unless someone narcs to the judge, there’s no real mechanism to stop them from talking
wabasso@lemmy.ca 1 day ago
What can then happen if someone narcs to the judge?
IphtashuFitz@lemmy.world 1 day ago
Juries often have one or more alternates. Those are jurors who sit in the jury box for the entire trial, but under normal conditions they aren’t in the jury room during deliberations. If a juror is unable to remain, for whatever reason, then the judge replaces that jurors with one of the alternates. I sat on 2 days of a 3 day trial but tested positive for Covid the morning of the third, so I was excused. The judge replaced me with one of her alternates.
If the judge got wind that a juror was disregarding such an order then that juror would likely be kicked out & replaced with an alternate. If the transgression by the juror was severe enough the judge could potentially also refer the juror to the Attorney Generals office for investigation and possible charges.
HeyThisIsntTheYMCA@lemmy.world 1 day ago
Just FYI, in statesia a juror has the right to carry their vote for whatever reason they deem. It can be as petty as not liking the defendant’s shoes. You can vote not guilty because you think the law is stupid or the charges were brought improperly (this is called jury nullification). Just, judges don’t like when you do that, so don’t tell when you’re doing jury nullification. Just vote.
FreshParsnip@lemmy.ca 1 day ago
I would guess they declare a mistrial and have to start over with a new jury. This is one of the reasons justice is slow