In a criminal trial, does the bailiff actually listen to what they're saying, or does he/she just keep order in the deliberation room ? I mean what if the jury made some kind of incredibly corrupt conclusion, like if they were all white and if the defendant was black, they said something like "it wouldnt hurt to convict an innocent black man anyway", or "he LOOKS guilty" or if the judge gave them specific instructions and they refused to listen, does the bailiff step in and tell the judge that the jury is being corrupt ? or do they just trust them to not do that ?
2006-12-25 05:44:04 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I've only been on one jury, and only the members of the jury were allowed in the deliberation room; the bailiff was outside the door.
It's hard to get 12 people to agree on anything, so you probably wouldn't find a case where the jury agreed to do something illegal or immoral. Stupid, yes, illegal, no.
And a juror can report unethical behavior to the judge, so any of the 12 can rat out a conspiracy.
2006-12-25 05:50:24 · answer #1 · answered by lee m 5 · 1⤊ 0⤋
having jury deliberations moderated is antithical to the whole jury system. The idea is that you are judged by your peers, not by a bailiff or some other government official. Juries are made up of 12 people, so hopefully having 12 corrupt jurors doesn't happen often, if ever. Also attorneys can remove jurors before the trial starts for cause or for no reason at all. If during the trial and attorney feels a juror is not taking the case seriously or gives reason to think he/she might be corrupt in some way, the attorney can go to the judge and ask that he conduct an inquiry into the matter. I think it's a pretty good system. Not perfect, but I can't think of a better one.
Bad decisions do happen. One example that is kind of opposite of what you suggest is that a mostly black jury acquitted the killer OJ Simpson for what I believe are mostly race related reasons. That, and a judge who totally lost control of the court room.
2006-12-25 13:57:20 · answer #2 · answered by FrederickS 6 · 0⤊ 0⤋
No, the jury is alone in the jury room. Guesss if they have some dispute among them that needed to be resolved, like somebody getting violent against somebody else they could call in the bailiff. But normally he/she (bailiff) is not allowed to listen in and do not have any say on how the jury deliberates.
2006-12-25 14:00:25 · answer #3 · answered by Anthony F 6 · 0⤊ 0⤋
No one is allowed in the deliberation room except the jurors. The bailiff is outside the door, not in the room.
The jury is trusted not to be corrupt. The only way misdeeds are discovered is if a juror says something.
2006-12-25 13:47:45 · answer #4 · answered by st_mel 2 · 1⤊ 0⤋
That's one of the major arguments against Juries. The bailiff isn't allowed to intervene because that would be corrupting their decisions as equal peers of the accused, but he also has to remain silent about what happened for their protection, so anything can happen in there.
2006-12-25 13:47:57 · answer #5 · answered by Shadebug 3 · 0⤊ 0⤋
No, it's just the jurors. You'd be hard-pressed to find 12 people willing to do something like you mentioned, and a jury has to be unanimous.
2006-12-25 13:55:56 · answer #6 · answered by The Scorpion 6 · 1⤊ 0⤋
jury deliberations are secret. no one but jury members are present.
2006-12-25 13:56:12 · answer #7 · answered by de bossy one 6 · 1⤊ 0⤋