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Juror Misconduct | 871 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Juror Misconduct
Authored by: Anonymous on Saturday, August 25 2012 @ 09:28 PM EDT

It gets worse: Reading the sidebar link. The foreman has stated that 'The thing that did it for us was when we saw the memo from Google telling Samsung to back away from the Apple design.', which was not presented in the case.

Not only that When I got in this case and I started looking at these patents I considered: 'If this was my patent and I was accused, could I defend it?' and 'I thought, I need to do this for all of them.'.

Hogan said he explained his thinking to his fellow jurors.

4. Receiving information not presented as evidence in the case—note: in most jurisdictions this is one of the few permissible ways of attacking a jury verdict on the basis of misconduct: Visiting the scene of the crime or tort
Conducting experiments related to the evidence
Conducting legal research on the case
Conducting factual research on the case
Reading news reports about the case
All of these become more damaging if the juror reports the
results to other jurors, as usually happens

5. During deliberations:
Refusing to participate at all
Coercing other jurors
Making statements indicating racial or other kinds of prejudice

[ Reply to This | Parent | # ]

Juror Misconduct
Authored by: Anonymous on Monday, August 27 2012 @ 12:58 PM EDT
That's not entirely valid. The entire point of a jury is to
protect the defendant. In a criminal case, it's to protect
the defendant form the state so the state can't arbitrarily
arrest and punish somebody. In a civil case, it's to
protect against the prosecuting side, so I can't just
randomly walk up to you and effectively mug you by using the
stat's guns (police to enforce "damages and penalties").

The concept of "jury nullification" is valid, and (judges
don't want you to know this) juries are encouraged to rule
not guilty even if a law was technically broken if they
don't agree with the law or the law is invalid or in
contradiction to a superior law (constitution, moral, etc).
You can also choose not guilty, or guilty of an entirely
different thing than the prosecution is charging if you
don't feel the punishment or sentencing guidelines are fair

While I agree this was clearly a biased and purchased jury,
and this entire thing should be thrown out, you can't say
with a blanket statement that a jury is irresponsible and
invalid for agreeing to ignore a law.

Look it up yourselves, and please spread a better
understanding of our laws. Jury nullification needs to be
used and understood.
http://fija.org

[ Reply to This | Parent | # ]

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