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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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"... its a juror's job to influence the verdict." | 751 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Hogan plainly admits his infuence ...
Authored by: Anonymous on Wednesday, October 03 2012 @ 02:10 PM EDT
No, each juror is supposed to make his/her decision.

[ Reply to This | Parent | # ]

"... its a juror's job to influence the verdict."
Authored by: Anonymous on Wednesday, October 03 2012 @ 03:24 PM EDT
No, it is absolutely NOT the juror's job to _influence_ the verdict. It is the
juror's job to weigh the testimony and decide what that evidence indicates is
true, without resorting to other sources, _especially_ personal bias toward the
litigants.

[ Reply to This | Parent | # ]

Perhaps you have a different definition of "influence"
Authored by: Anonymous on Wednesday, October 03 2012 @ 03:25 PM EDT

    The capacity to have an effect on the character, development, or behavior of someone or something, or the effect itself.
With regards offering your line of reasoning given the evidence admitted in trial, yea, then one can consider influence in that regard.

However - when dealing with questions of Law (for example, what does the Law consider prior art) - those are questions of which "influence" belongs to the Judge and Lawyers. Hogan's previous experiences with the USPTO was "external evidence introduced during the Jury Deliberations to which no Lawyer or the Judge was given the opportunity to review, cross-examine or present their own countering evidence".

If that is not influence which should stay out of the Jury Deliberations then it very well should be.

The concept is no different then the recent example where the Juror decided to share his own experiments on the situation with the rest of the Jury without the Judge/Lawyers being aware of it as it was happening. That case was sent back for a new trial.

RAS

[ Reply to This | Parent | # ]

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