Jury Selection: Entitled to a Dumb Jury?

David A. Szwak

Jury Selection: Entitled to a Dumb Jury?

Postby David A. Szwak » Thu Oct 06, 2005 6:05 pm

The credit industry loves a stupid jury.

Are they entitled to an Ignorant Jury?

The issue has primarily arisen in criminal case involving pre-trial publicity.

Defendant is not entitled to a jury that is completely ignorant of his case. State v. Wessinger, 736 So.2d 162 [La. 1999]. To protect juries from taint of pretrial publicity, particularly in capital cases, courts should exercise extraordinary care in voir dire of potential jurors and can excuse for cause any juror who has been exposed to sensational prejudicial publicity, especially where such exposure is repeated and involves patently inadmissible evidence; even capital defendants, however, are not entitled to jurors who are totally ignorant of facts and issues of their cases. State v. Harvey, 699 A.2d 596 [N.J. 1997]; Snyder v. State, 2003 WestLaw 22463403 [Ala. Crim. App. Oct. 31, 2003].

Return to “Jury Questionnaires, Voir Dire, Jury Selection and Jury Bias”

Who is online

Users browsing this forum: No registered users and 2 guests