Generally, to ensure that the verdict is unanimous, both parties have the right to poll the jury, although in some jurisdictions, polling of the jury in a civil case is discretionary with the trial court.
A defendant does not, however, have the right to cross-examine the jurors on their verdict, and there is no right to a poll of the jury regarding their method of reaching a verdict.
The requirement that a verdict be returned by the jury in open court is necessary to afford the parties an opportunity to poll the jury if required. Jurors must be given an opportunity in open court to express their agreement or disagreement with the verdict. The mere reliance on verdict slips signed in the juryroom is inadequate.
The proper method to ascertain whether the verdict reflects the intent of the jurors is by a request to have the jury polled. Polling of the jury is the process whereby the trial judge asks each juror after the verdict is announced whether it is his or her verdict. The purpose of polling the jury is to determine if the verdict signed by the foreman is that of the individual jurors and not one that has been coerced or caused by mistake. Polling is a procedure designed to test the numerical validity of a verdict at the time it is rendered.
The trial court has the obligation of fully examining those jurors whose statements indicate possible dissent from the verdict. If the polling reveals that the number of votes is insufficient to sustain a verdict, the judge may, in his discretion, order the jury to redeliberate, declare a mistrial, or grant a new trial.
The poll of each member of the jury on the question of whether the verdict rendered is the verdict of each juror represents the extent to which the court may go in inquiring of the jurors as to the method of reaching their verdict.
There is authority to the effect that the court may, in a proper case, have the jury repolled. Absent an expression of uncertainty as to the verdict by one or more of the jurors, however, no abuse of discretion is committed by refusing to poll the jury a second time.
2006-06-15 15:34:57
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answer #1
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answered by MeinOH 3
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The purpose is simple Business Research 1.. At the beginning of the trail each juror was given a series of questions where the lawyers were looking for who in their opinion will give them the results they wanted , An open ended question left you all open to either the prosecuting attorney or the defendant attorney into believing you were what they needed for this trial to turn in his/her favor. the last confirmation was to get an unmeasurable emotional response as to whether or not you all agreed to disagreed or some was force in some way to agree
2006-06-15 14:27:41
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answer #2
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answered by cheesecake 1
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Jury - "definite, we the jury locate the defendant Bob Bob in charge." choose - "ok sentencing will be a week from proper this second" a week later, choose - "Bob Bob you're sentenced to 5 years for throwing trash on the president"
2016-10-14 05:07:04
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answer #3
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answered by Anonymous
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It gives the jurors a chance to change their minds in case they felt pressured into their vote. It also forces Jurors to commit to their vote in front of the accused.
2006-06-15 14:59:21
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answer #4
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answered by Anonymous
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To make sure that someone didn't suffer from a guilty concience or was just going along with the crowd.
2006-06-15 14:24:13
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answer #5
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answered by Anonymous
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In my opinion.....just one more way for the guilty to go free as you can imagine what might happen if somebody "changed" their mind after the conviction.....
2006-06-15 14:24:38
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answer #6
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answered by Anonymous
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To make sure the verdict was not coerced.
2006-06-15 14:25:01
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answer #7
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answered by ☼Jims Brain☼ 6
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