What would you do in this situation?

Question

You are a member of a jury. The jury is hearing a child molestation case in which the defendant is accused of a series of molestations in his neighborhood. You have been advised by the judge not to discuss the case with anyone outside the courtroom and especially not to anyone on either side of the case. Going down in the elevator after the fourth day of the trial, you overhear the prosecutor talking to one of the police officers witnesses. They are discussing the fact that the man has a previous arrest for child molestation but that it has not been allowed in by the judge as being to prejudicial to the jury. You were pretty sure the guy was guilty before, but now you definitely believe he is guilty. You also know that if you tell the judge what you have heard, it will probably resuilt in a mistrial. What would you do?

Answer 1

First of all, the prosecutor should have realized he was near a juror (I'm sure he's seen you before) and should have kept his mouth shut!

Second, it would probably be proper for you to tell the judge... because once you've heard something, you can't unhear it... it affects your opinion of the case... you said it yourself: you're sure he's guilty now.

You could go through the rest of the trial and you guys return the verdict and that be all. If you do that, DO NOT repeat what you heard. You must not tell the rest of the jurors.

Even then, you really ought to go to the judge. If you guys find him guilty and he appeals and his counsel discovers what you heard (say by researching the jurors and finding that one of them posted a question on Yahoo Answers), the appellate is going to grant a new trial anyway. And you might be in trouble... for asking us instead of telling the judge... and I might be in trouble for answering you.

I think I'd have to advise you to go tell the judge. You didn't do anything wrong and the prosecutor might get in trouble for not being more cautious about saying things. But whatever happens, if this goes on and is discovered later, everything is going to be much worse. And you never know, it might not end in a mistrial... the judge might decide to let it go forward so long as you don't tell the other jurors. But even if it will be a mistrial, you really ought to tell.

Answer 2

Absolutely 100 percent tell the judge. You may have just been the victim of some serious prosecutorial misconduct - any lawyer worth ten cents knows better than to discuss a subject like that anywhere that a juror could possibly overhear - the prosecutor/police officer may have been trying to deliberately sway your opinion, possibly with a story that's complete fiction. The defendant is probably scum, but that doesn't mean he's not entitled to a fair trial. It's possible the judge didn't allow in evidence of the past arrest because it never happened!

A mistrial isn't the end of the world. It just means that the lawyers have to start over with a new jury. And, possibly, the judge might be able to simply strike you, and replace you with an alternate juror. Tell the bailiff or clerk privately that you need to speak to the judge - don't stand up in open court and make a big scene - that would be much more likely to result in a mistrial.

Answer 3

Unfortunately I know I have an ethical responsibility to report what I heard to the Judge. And yes, I know it will end in either a mistrial or an alternate juror will take my place and I'll be booted.

I know this guy should and hopefull will burn for his crimes, I'd have to do the ethical thing. On a side note, a mistrial does not mean he gets off, it just means they may have to do the trial all over again. Pain in the a$$, but considering the crime, I'm sure the DA would refile the charges.

And I wouldn't feel bad about it either, the DA would recognize a juror and know better. I'd guess he did it intentionally.

Answer 4

OK!, i will answer.
i would say absolutely nothing... For the very reason that i believe it is wrong to hide pertinent evidence from the very people who will have to make a clear decision on a case.
The jury will have a lasting effect on the life of the accused and indirectly on the lives of the " victims" and their families.
Therefore how could it be wrong for you to stumble on a crucial fact about recurring behavior.
The law bends in mysterious ways. I do not necessarily believe all accusers, or circumstantial evidence and i trust mental health and medical solutions far more than legal and punitive measures.
Lawmakers need to trust their jury to protect both the law and the public..

Answer 5

I would say keep my mouth shut, especially if you feel this guy is guilty. Stuff like this happens all the time in the courtroom and it would just waste alot of people's time to have a mistrial and then try to convict the guy in another trial. But, if you feel like the guy is innocent and being treated unfairly then I think you should definitely say something!

Hope this helps!

Answer 6

You have already made your mind up the man is guilty. Having a son as a lawyer, I hear so many stories from him about court cases, how corrupt the courts are, the attorney's, the judge, so please don't beat yourself up over this. Do what your heart tells you. If you can't live with yourself, knowing what you heard, and it really bothers you, tell the judge. Personally, I wouldn't say a word, but that is me. YOU and only you can make this choice.

Answer 7

You are obligated by law to tell the judge what you heard. If you don't you are breaking the law. You have been tainted and that could result in the defendant being released because of your misdeed. Fess up before wasting anymore of the courts time.

Answer 8

It is your duty to tell the judge.
You may request to see him privately.
The prosecutor and cop should probably be brought to task for discussing it in front of jurors outside the court.

It is also your duty to stick to the evidence presented in the court room. If you assure the judge you can still do that he has the power to let you stay.

Answer 9

notify the judge. you will be replaced by another juror (they usually have alternates in the court listening as well).

jurors are supposed to wear some sort of ID that identifies them (whether or not they're in the pool or on a trial). That tells the folks in cases to keep their yap shut (at least in theory).

Answer 10

I find it very interesting when we profess to be basically honest individuals and then bulk when we are tested. Your actions speak louder than your words. If you believe yourself to be honest, get thyself to the judge now. If you chicken out, never again talk about honesty with your children or what crooks politicians are.