Protesting a Possible Gag Order, Roger Stone Asserts Trust in American Jury Selection Procedures
Feb 15
Protesting a Possible Gag Order, Roger Stone Asserts Trust in American Jury Selection Procedures
A federal judge is contemplating an order prohibiting the President’s political consultant Roger Stone from making public statements about his pending criminal case. Judge Amy Berman in Washington, D.C. this month warned Stone not to treat his case like a book tour. Defense attorney Bruce Rogow, a First Amendment expert, has since filed a motion opposing any gag order on his client. The motion stated, “Roger Stone has faith in the jury system and in the mechanics of jury selection which are designed to ensure a fair trial. Any attempt to foresee the future effect of free speech on jury selection is a hazardous endeavor.”
Canadian Parliament Studying Ways to Permit Jurors to Discuss Stressful Deliberations with Mental Health Professionals
Canadian jurors who need mental treatment after traumatic jury service are currently prohibited by law from discussing the problematic aspects of jury deliberations with mental health professionals. In response, the Parliament is considering legislation to lift the prohibition. To the degree any policy in U.S. states causes such a barrier, court leaders may learn a lesson from the Canadian efforts.
Oklahoma Revisiting Its Jury Sentencing Policy
Faced with a burgeoning prison population, the Oklahoma legislature is considering an array of bills to reduce incarceration of non-violent offenders. This includes bills to give a defendant the choice to have a judge determine punishment instead of a jury (currently the only option) and empowering juries (if chosen) to suspend sentence or choose other sentencing options available to a judge.
Idaho Decedent Summoned Three Times for Jury Duty
Despite the decedent’s husband’s efforts to inform the court of the impropriety of the first qualification questionnaire, he endured two more summoning notices. A nightmare to avoid.
Texas Jury’s Civil Commitment Verdict Overturned Because of Improper Limitation of Voir Dire Questioning
As Anthony Bernard Wiley was about to finish serving a 25-year prison term for aggravated sexual assault of an elderly woman, the State sought to have him civilly committed for treatment as a sexually violent predator. During jury selection, the trial judge prohibited Wiley from asking prospective jurors if anyone could be fair after they find out the defendant’s victim was older than 65 years of age. The court of appeals determined that, since the State’s evidence focused on the ages of Wiley’s victims to show his sexual deviancy, it was reversible error for the judge to prohibit questioning of juror attitudes about a central aspect of the government’s case.
Taking the "Bull" Out of Jury Selection
Time for a chuckle. A trial attorney bemoans his wife’s enjoyment of the fanciful TV series about a trial consulting firm headed by the fictitious Dr. Jason Bull.
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