Headline of the week: Punk Rock Drummer - Turned - Doctor Performs CPR
on Potential Juror in His Med - Mal Trial.
A California judge declared a mistrial in a medical malpractice case last week after the doctor defendant — and former drummer for The Offsrping — performed CPR
on a potential juror.
Attorneys have the ability to run a quick Google Search
on potential jurors via their smartphones in the courtroom.
Social media now allows us to find out what people are thinking; in the US they can do research
on the potential jurors before the trial.
Voltaire is the go - to service of choice for legal professionals everywhere, who need to instantly search for information
on potential jurors and other individuals related to their cases.
When the use of Google to conduct research
on potential jurors was brought to the attention of the trial judge, the court prohibited the research because no advance notice had been given and the judge wanted to create an «even playing field,» since the defendant's counsel was not conducting the same research.
Not exact matches
The names are included
on a questionnaire for
potential jurors, to help prosecutors and defense lawyers assess whether
jurors have any relationships with the people named that could prevent the
jurors from being impartial.
Still, Mr. Brafman added, «in today's climate, defendants facing political corruption charges must be concerned about
potential juror bias that may be based more
on perception than fact.»
Potential jurors so far range from a retired building maintenance worker to a former producer for Court TV to a hospital worker who
on her questionnaire wrote «all politicians are crooks in some way.»
Potential jurors in the federal bribery trial of Queens state Sen. Malcolm Smith were asked Monday if they recognized any names
on a list of possible witnesses or people who would be mentioned during the trial — and nearly all of the 48 in the White Plains court said they knew only of Bloomberg.
An additional 50 or so
potential jurors will be administered a personal questionnaire
on Tuesday when jury selection resumes.
This tendency, known as hindsight bias, is very difficult to avoid; several studies have shown that
potential jurors are unable to focus solely
on the person's conduct and ignore the irrelevant information.
To prevent disparities in jury rulings, more attention needs to be placed
on the pre-trial aspects of the jury selection process, such as minority underrepresentation and measuring bias in
potential jurors.
The selected artist is considered by the
jurors to have the
potential to make a lasting impact
on the history of American art, based
on the excellence of past work as well as present work in the Biennial.
If someone complained about the judge's conduct to a judicial ethics body in Texas, the judge would very likely receive a private reprimand or maybe if the ethics panel was particularly incensed, a public reprimand, but only because he lost his cool
on the bench, not because he required the
potential juror to stick around until another suitable case could be found.
While acknowledging the lack of a Supreme Court rule
on the extent to which a party is required to research a
potential or actual
juror, the court stated:
You are instructed to appear in court to be
on a panel of 60
potential jurors in a health care fraud case but, I mean, damn — you don't have time for that nonsense!
None of that tells me who our judge will be, who will be
on our
potential jury pool, and what the mood and physical health will be of the judge,
potential jurors, prosecutors and opposing witnesses If they just won a poker game, they might be happy.
Too many newspaper editors have fallen prey to the propaganda campaigns of insurance companies who try to poison the perception of the public — and
potential jurors in our community — about the impact of litigation
on our society.
No less that Edward Greenspan has commented
on the use of social media by lawyers and in particular how social networking websites can be mined for information about
potential jurors.
I have served
on two juries, and been called as a
potential juror in six other cases where I was not chosen.
A peremptory challenge allows the Crown or defence counsel to eliminate a
potential juror from serving
on the jury.
Proposed Rule 226a would change the mandatory instructions that trial judges would give to
potential jurors on a panel, and to the jury once selected, in several ways.
Voir dire examination serves to protect that right by exposing possible biases, both known and unknown,
on the part of
potential jurors.
We'll have a lot more videos to feature
on our blog Freedom Fridays and elsewhere
on our website to educate
potential jurors about how they can use the opportunity of jury service to protect all of our rights from abuse at the hands of government.
A judge in Montgomery County, Maryland, denied a request to allow research of
potential jurors because it could have a chilling effect
on jury service if they knew they were going to be Googled as soon as they walked into the courthouse.
Depending
on the court, they usually bring in about 50
potential jurors.
On the day of a trial the court brings in a large number of
potential jurors who have been selected from the voting rolls or driver's license information or some other similar government list.
Thus, the plaintiff's lawyer will question the
potential jurors on their feelings about lawsuits and people who sue.
The
potential always exists that if a lawyer ends up
on the jury, they could explain the elements of the case to their fellow
jurors, who may then not rely as fully upon the carefully crafted language in the instruction (s).
In a high - stakes copyright fight pitting two Silicon Valley tech giants — Oracle and Google — against each other earlier this year, the presiding judge found the dangers of researching
potential jurors on the internet outweighed any
potential benefit in that case.
He provides information that
potential jurors need to know to make it through voir dire, such as that disclosing a distrust of law enforcement, disagreement with the laws, and so
on during voir dire will almost certainly assure an individual friendly to the defendant will be eliminated from the jury.
This film has some great lessons for
potential jurors, including the intensity of the psychology and interpersonal dynamics during deliberations, the need to be skeptical of the prosecution's case, the gravity of what is at stake for the defendant as compared to the minor inconveniences for
jurors, and so
on.
Also, the U.S. Supreme Court has held that in criminal cases, prosecutors can not use peremptory strikes to eliminate
potential jurors based
on the
juror's race, ethnicity, or gender.
Once an entire jury is seated and no party has tried to strike any of the
potential jurors for cause or by using a peremptory strike, the jury is generally sworn in and the trial moves
on to the next step, often preliminary instructions or opening statements.
Google and Oracle agreed
on March 31, 2016, to the ban
on all Internet research
on potential and impaneled
jurors until trial is complete.
Quite a lot of information that may be useful, say, if you were to be
on my list of
potential jurors for a major case.
The American Bar Association in April of this year issued Ethics Opinion 466 stating that a lawyer may passively review a
juror or
potential juror's public presence
on the Internet without violating Rule 3.5 (b) which prohibits ex parte communications with a
juror.
Voir dire in those states allows the attorneys
on both sides to ensure that
jurors with
potential bias are not seated in the case.
The vast majority of states outside of the commonwealth permit a process whereby the judge and the attorneys inquire of
potential jurors regarding their attitudes and beliefs
on issues involved in the case.
Based
on the findings of the investigation, the Commissioner is ordering Crown attorneys to cease collecting any personal information of
potential jurors beyond that which is permitted under the Juries Act and the Criminal Code, relevant to criminal conviction eligibility.
to exclude
potential jurors who drive and pay for automobile insurance premiums (or have automobile insurance premiums paid
on their behalf);
The government's avowed determination to eradicate myths about supposedly true victim behaviour, in spite of there being no UK research evidence of a negative impact by such myths
on the conviction rate, makes a stark contrast with their apparent insouciance about the potentially negative impact
on the conviction rate as a cumulative result of
potential jurors reading lurid media accounts of the exposure of false rape claims.
Thaler v. Haynes involves a defense objection under Batson v. Kentucky (pdf)(1986) to the prosecution's peremptory strike of a
potential juror; Batson forbids striking
potential jurors from a panel solely based
on race.
She appeared in federal court one day last week, filled out forms and was told to return this Monday to be
on a panel of 60
potential jurors in a health care fraud case.
On Feb. 22, 2010, the U.S. Supreme Court reversed a 5th U.S. Circuit Court of Appeals decision regarding the «demeanor - based» rejection of a
potential juror in a death penalty case.
The Appeal Court ordered a retrial but the Supreme Court ruled the province had done an adequate job of trying to get Indigenous people
on the list of
potential jurors.
United States v. Newman, 549 F. 2d 240 (CA2 1977), the Equal Protection Clause forbids the prosecutor to challenge
potential jurors solely
on account of their race or
on the assumption that black
jurors as a group will be unable impartially to consider the State's case against a black defendant.
The use of group affiliations, such as age, race, or occupation, as a «proxy» for
potential juror partiality, based
on the assumption or belief that members of one group are more likely to favor defendants who belong to the same group, has long been accepted as a legitimate basis for the State's exercise of peremptory challenges.
the Equal Protection Clause forbids the prosecutor to challenge
potential jurors solely...
on the assumption that black
jurors as a group will be unable impartially to consider the State's case against a black defendant.