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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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How can the comments made by members of the jury be used? | 209 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
How can the comments made by members of the jury be used?
Authored by: Anonymous on Tuesday, August 28 2012 @ 06:47 AM EDT
I don't know whether the media approached the jurors or not,
but they are blabbing of their own accord. You can't expect
your process to be sacrosanct when people are blabbing it
left and right.

The quotes in the press may or may not be admissible, but
the video certainly is. As for whether it can be used to
overturn the juries verdict, well TPJackson's comments to
the press were used to overturn the verdict in that case. Of
course he is a judge and not a jury, and the 1st circuit a
highly pro-trust court was looking for any excuse to
overturn.

I also know that some judges warn jurors about giving
injudicious statements to the press, warning them that it
may cause a mistrial. I can't see a judge or an appellate
court , forced to face statements that the jury did not
follow it's instructions, not overturning a verdict. To not
do so would suggest that any jury at any time could ignore
jury instructions, and what are jury instructions for then.

Of course we should wait for PJ to respond. She may not be
an expert, but she is the closest thing.

[ Reply to This | Parent | # ]

How can the comments made by members of the jury be used?
Authored by: soronlin on Tuesday, August 28 2012 @ 09:48 AM EDT
Still no PJ or lawyer to answer, but here is a (criminal) case in which a mistrial was ordered after the jury was paid, so I suppose after the trial was closed, because of the misbehavior of a juror.

[ Reply to This | Parent | # ]

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