I usually can find this stuff just fine on the internet. However, I was feeling a little lazy today, and decided it was worth trading 10 points for an answer. http://www.miamiherald.com/416/story/181902.html
The defense attorney apparently asked anyone who hadn't masturbated to raise their hand. No one did. Then, according to an earlier version of the article, he asked the prospective jurors one by one if they had ever masturbated. Now, is it against the law to refuse to answer such a personal question? Thanks people.
2007-07-25 15:33:32 · 18 answers · asked by Word twister 2 in Politics & Government ➔ Law & Ethics
Hey guys, almost chosen a best answer. But 3 things: first, yes, the 5th is only if you will incriminate yourself in a crime. 2nd, my question is, does anyone know if there is a legal basis to answer? And 3rd: it could be construed by not raising your hand that you refuse to participate. Which is why the lawyer supposedly questioned the prospective jurors 1 by 1. Thanks for the lively answers, and I promise to choose the best answer!
2007-07-25 20:33:45 · update #1
Actually, I cannot believe a judge would allow it.
FYI - for all you budding lawyers out there - you can only plead the 5th when you are asked about a CRIME! You know, the right to refuse to INCRIMINATE yourself? Masturbation is not a crime, except in a few backwards jurisdictions that haven't cleaned up their penal code in a few decades.
In any event, in jury selection, you are under oath, and you are supposed to answer. I can't believe that there would be any penalty imposed if you just told the judge you weren't comfortable with it.
2007-07-25 15:37:35 · answer #1 · answered by Catspaw 6 · 0⤊ 0⤋
Anytime a question violates a religeous tenant or would self incriminate a juror can legally refuse. If at that point the judge orders them to answer anyway, and they still refuse they can be held in contempt. At which point legally, could end up in a hearing, and if they felt inclined go to trial. But, realistically, that juror would be excused long before any of that happenned. Especially if it was relevant to the case and the juror was so uncomfortable with the subject they could not bring themselves to answer.
2007-07-25 22:39:13 · answer #2 · answered by blewjaye 4 · 0⤊ 0⤋
It's not against the law to ask a question but it's against the law to FORCE someone to answer the question. The fact that he asked was legal, it just wasn't very tactful. Sometimes attorneys will ask questions to throw off potential jurors when selecting.
2007-07-25 22:36:52 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You have to answer questions as a perspective juror. You might question the judge about appropriateness if it violated your religious beliefs. The Fifth Amendment only applies if you are actually charged with a crime or are testifying in court as a witness.
2007-07-25 22:38:49 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I think you have to answer it. I work at a law firm, we had an employee go in for jury duty, she was asked which law firm she worked for and was very uncomfortable answering that personal of a question in front of everyone. She was later advised by our managing partner (an attorney) that in the future if that situation should arise she could ask to answer the question in the judges chambers.
2007-07-25 22:40:19 · answer #5 · answered by Cinner 7 · 0⤊ 0⤋
I do not know, however i had jury duty and just kept my mouth shut when they asked those stupid questions. They try to eliminate anyone with pertinent experience to the cases, which i think is totally f*****-up. i would never ask a hair-stylist to fix my car, cuz the hairstylist knows hair not cars. so asking a jury full of naive people to decide guilt or innocence is ridiculous.
2007-07-25 22:56:23 · answer #6 · answered by johnhillsty 1 · 0⤊ 0⤋
Everyone has a right to plead the fifth.
Additionally, the first form of questioning that he used was unconstitutional for the fact that no one could possibly refuse. You either raise your hand or you don't. Either way you answered.
2007-07-25 22:37:19 · answer #7 · answered by Shamalamma! 1 · 0⤊ 1⤋
It's up to the judge to determine if you have to answer the question. Given the nature of the charges in the case, it could be deemed as relevant.
2007-07-25 22:37:00 · answer #8 · answered by Yep! 4 · 0⤊ 0⤋
Not sure wether the law requires it, but as a practical matter, in the case you pose, the worst that is likely to happen as long as the refusal was respectful, (ie. :"Thats personnally offensive and I won't respond to it."), is that you would be eliminated from the panel.
2007-07-26 00:05:48 · answer #9 · answered by Irv S 7 · 0⤊ 0⤋
I dont know if a person can legally do it but its surely none of his business and just flat out 100%offensive tactics.
2007-07-25 22:36:47 · answer #10 · answered by Noone i 6 · 0⤊ 0⤋