Mar 29

Jur-E Bulletin: March 29, 2019

 

Former Juror Reflects on the Verdict in Police Officer Misconduct Case

In a high-profile criminal case against a police officer charged with fatally shooting a citizen during a street encounter, a Pennsylvania jury recently rendered a not-guilty verdict. Acquittals in such cases elsewhere have been scrutinized (and often criticized) during the last few years. A news reporter for Pittsburgh TV station WPXI interviewed a juror after the verdict was rendered. Although she was excused from the sequestered jury on the last day of trial for health reasons, her candid and articulate views of the case are enlightening. The interview video is instructive of many things, including juror stress and the challenge of asking common citizens to sort out conflicts between strict requirements of the law and just results.

Illinois Rule Requires Four Qs to Individual Jurors in Criminal Case Voir Dire

Court Rule 431(b) requires Illinois judges to ask each potential juror if he or she understands and accepts four principles: (1) the defendant is presumed innocent of the charge(s) against him; (2) before a defendant can be convicted the State must prove the defendant guilty beyond a reasonable doubt; (3) the defendant is not required to offer any evidence on his or her own behalf; and (4) if a defendant does not testify, it cannot be held against him. Even though the Rule does not contain a precise formula for trial judges to use in ascertaining jurors' prejudices or attitudes, it requires trial courts to address each enumerated principle and mandates a specific question and response process. In People v. Jackson, an Illinois appellate panel reviewed a trial judge’s failure to ask these questions of each venire member (although he stated each principle aloud in open court questioning.) The higher court denied the appeal upon finding there was no “plain error.” 

Is a Voir Dire Question About Agreement with OJ Simpson Verdict a Proxy for Racial Profiling?

The California Supreme Court continues to conclude (for the fourth time) that a prosecutor’s repeated striking of prospective jurors based on their views on the infamous OJ Simpson verdict does not constitute racial discrimination. 

Defense Attorney’s Three-Day Absence During Voir Dire Does Not Rise to Level of Reversible Error

In denying a prisoner’s petition for post-conviction relief, a federal judge in New Jersey found that defense counsel’s absence due to illness did not justify habeas corpus relief. Judge Kevin McNulty, siding with the New Jersey appellate court, found that the relevant three days of voir dire were merely “pre-jury selection” wherein the trial judge reviewed juror questionnaire responses and ruled on requests for “hardship” excusals.

Why Choose a Jury Trial Over Bench Trial? Ask Robert Kraft’s lawyers…

Soon after New England Patriots owner Robert Kraft was charged with sexual solicitation in Palm Beach County Florida, his attorney asked for a bench trial. Now, in a new filing by his attorney, Kraft seeks a jury trial. In the Boston Globe, several veteran Florida defense attorneys expound on the virtues of a jury trial in such a case.

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