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We ordinarily ask juries to decide questions of fact, but in negligence cases we ask the jury to determine what the defendant did, and then make a qualitative judgment about that action.
If the jury cannot agree on all counts as to any defendant, the jury may return a verdict on those counts on which it has agreed.If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts. A hung jury does not imply either the defendant's guilt or innocence.
Penal Code 92 PC is the California statute that makes it a crime for a person to bribe a judge, juror, or any person authorized to hear and determine a legal matter. A violation of this law is a felony offense punishable by up to 4 years in jail or state prison.
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.
What Can You Do If You Have Been Falsely Convicted By a Jury? If you have been wrongfully convicted by a jury, your lawyer has various legal tools available to begin testing and challenging the verdict before briefs are filed in the court of appeals.
You or someone else may start your case by filling out a Complaint Form (DC-283). The Complaint Form describes your claim to the Court. You may file by mail or you may file in person at one of the District Court courthouses. You will be required to pay a filing fee.
Accidental Influence Improper juror influence can occur without jury tampering?or even jury misconduct. Neither tampering nor misconduct has occurred if the juror follows the judge's instructions and no one tries to assert sway over the juror.
When the judge declares the jury to be hung or deadlocked, a mistrial is declared, which brings the trial to an end without a determination on the merits. In the United States, a mistrial returns the parties to the positions they occupied before the trial began.
If the judge discovers that you are misrepresenting yourself during the selection process, she can charge you with contempt and put you in jail.
Two recent studies have found that jurors are in fact unable to disregard inadmissible evidence even when they are instructed to do so and are willing to do so. Often the judge's order to disregard the evidence may actually make matters worse by reinforcing the evidence's biasing effects.