3 ms·
As a young lawyer long ago, I was "picked" for the jury (that is, I wasn't struck) for a two-week capital murder trial. Also "picked" was one somewhat-older law
by dctoedt 4y ago
As a young lawyer long ago, I was "picked" for the jury (that is, I wasn't struck) for a two-week capital murder trial. Also "picked" was one somewhat-older lawyer, who ended up as foreman.
Each prospective juror was interviewed individually by the lawyers and judge, with no one else in the courtroom. From their questioning, I had the distinct impression that both the prosecutors and the defense counsel were OK with having a couple of lawyers on the jury, to help make sure that the non-lawyer jurors followed the judge's instructions about the burden of proof, etc.
And that's how it turned out: A couple of times during deliberations, a juror would say, "Well, I think what happened was X," and either the foreman or I would gently ask, "um, do we have any evidence of that?" Another time, a juror said, "But we heard so-and-so testify that Y happened," and the other lawyer and I had to remind everyone that the judge had instructed us to disregard that testimony.
(I was very pleased to see that after just a few times, we two lawyers didn't have to provide such reminders, because other jurors would do so first.)
- ericmcer 4y agoDo lawyers ever "play dirty" with the idea that a jury can't just disregard something? It is ineffectual recourse for bad evidence being introduced to ask people to pretend they didn't hear it.
- AnimalMuppet 4y agoThey sometimes deliberately do so, yes. But the problem is that the jury may realize what the lawyer is doing, and it may bias the jury against that lawyer's side of the case. If one side is playing it straight, and you can tell the other is trying to manipulate you, that makes it easier for you to agree with the side that's playing it straight.