Poll the Jury!
As a side note, I once had the almost opposite experience where a jury went from 10-2 for acquittal to 12-0 for conviction in about an hour. That really, really sucked.
. . . is a threat to justice everywhere. I used to be a public defender in Texas. Now, I'm a public defender in Washington. Despite what you may have heard about Texas justice, there's just as much injustice here as there was there. And so I fight. And I rant. About justice, injustice, and life in general. (*Despite the photographic evidence below, I am not Veronica Mars. She is, in fact, smarter than me.)
1 Comments:
Given that this is an old post, it's quite likely that there will be no response. Nonetheless:
Is it possible to poll the jury confidentially? If not, why not? Jury deliberations are secret -- if one juror is intimidated, coerced, or worse by another juror or jurors, yet still harbors reasonable doubt, that intimidation etc. will still be effective if the juror is known to the other jurors. A second or third juror for the minority might, privately, agree with the single juror, but be unwilling to become a target of the majority's wrath.
I seem to remember a case where a juror in a one-member minority relented, despite misgivings, because the 11-member majority wanted to be home in time for dinner.
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