Virgin Islands Jury Instruction - Coercion and Intimidation
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CACI No. 1001. Basic Duty of Care A person who [owns/leases/occupies/contr. person fails to use reasonable care to keep. safe condition. ... must use reasonable care to discover any. replace, or give adequate warning of anything. expected to harm others. In deciding whether [name of defendant.
435 (1956) (Remmer II ). In Michael Dutkel's case, we didn't guard the jury jealously enough. During a joint trial on drug conspiracy and distribution charges, Dutkel's co-defendant, Eugene Washington, bribed a juror and secured himself a hung jury. The same jury convicted Dutkel.
Key Concepts. Jurors are prohibited from any conduct that would interfere with ensuring a fair and impartial trial, such as having contact with the parties, talking with other people about the case, or allowing outside information or evidence to influence the jury's decision.
Examples of jury tampering may include providing outside information to a juror and bribing, threating or intimidating a juror to influence the verdict. Both lawyers and jurors themselves can be involved in jury tampering. Jury tampering is not only an ethical infraction, but a criminal offense.
There are thirteen courts of appeals: eleven numbered circuits (First through Eleventh), the United States Court of Appeals for the District of Columbia Circuit and the United States Court of Appeals for the Federal Circuit. Not all circuits have published jury instructions: the Second and Fourth Circuits do not.
Any attempt to interfere with jurors or witnesses, whether by way of intimidation, bribery or persuasion, may be punished as a contempt of court at common law. Contempt in this context means a serious interference with the administration of justice. There is also a statutory offence of intimidating jurors and others.
Intimidation: This is related to the issuance of threats to a juror. Examples of intimidation include noting that the juror will not be able to escape from punishment by the requestor's alleged supporters or claiming that a certain verdict is necessary for the proper carriage of justice.