Comments on: Why We Poll the Jury http://bennettandbennett.com/blog/2007/09/why-we-poll-jury.html the tao of criminal defense trial lawyering Sun, 21 Mar 2010 02:16:46 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: JON KATZ, P.C. - Criminal / Drunk Driving Lawyer for Maryland, Virginia, DC http://bennettandbennett.com/blog/2007/09/why-we-poll-jury.html/comment-page-1#comment-5049 JON KATZ, P.C. - Criminal / Drunk Driving Lawyer for Maryland, Virginia, DC Fri, 03 Oct 2008 13:13:22 +0000 http://bennettandbennett.com/blog/?p=309#comment-5049 <strong>Poll the jury, unless not intended. ...</strong> Photo from website of U.S. District Court (W.D. Mi.). Before going to trial with or without a jury, it is critical to have a good trial checklist. For jury trials, a critical part of that checklist is to have the jury polled in the event of an adv... Poll the jury, unless not intended. …

Photo from website of U.S. District Court (W.D. Mi.). Before going to trial with or without a jury, it is critical to have a good trial checklist. For jury trials, a critical part of that checklist is to have the jury polled in the event of an adv…

]]> By: J. Williams http://bennettandbennett.com/blog/2007/09/why-we-poll-jury.html/comment-page-1#comment-1527 J. Williams Sat, 15 Mar 2008 16:12:01 +0000 http://bennettandbennett.com/blog/?p=309#comment-1527 Lets review the case of People vs Joseph GA030364 in Pasadena Superior Court/California. Juror foreperson wrote 'one juror was holdn out for vol manslghtr...was harassed and feels responsible for ruining mr joseph's life.' Another juror wrote she wantd manslghtr and sum jurors didnt deliberate. Why doesnt our justice system fix these errors? Joseph was 24 and is now 35 and still in prison with life. Lets review the case of People vs Joseph GA030364 in Pasadena Superior Court/California. Juror foreperson wrote ‘one juror was holdn out for vol manslghtr…was harassed and feels responsible for ruining mr joseph’s life.’ Another juror wrote she wantd manslghtr and sum jurors didnt deliberate. Why doesnt our justice system fix these errors? Joseph was 24 and is now 35 and still in prison with life.

]]> By: David Tarrell http://bennettandbennett.com/blog/2007/09/why-we-poll-jury.html/comment-page-1#comment-442 David Tarrell Fri, 21 Sep 2007 14:32:00 +0000 http://bennettandbennett.com/blog/?p=309#comment-442 Last year I saw firsthand why you always poll the jury as I was watching a verdict come back in a murder trial. An older lawyer told me that you "always poll the jury" before we went in and then,when the lawyer asked for it, a juror hesitated and then said "No, that's not my verdict."<br/><br/>The defendant, who was obviously not cuffed during the trial, was now in handcuffs awaiting the verdict. The judge then sent the jury back and when they came back out, their verdict was unanimous to convict. The defense lawyer's motion for a mistrial was overruled by the judge, but it was a "slam dunk" on appeal, given the juror's hesitation and the fact that she changed her mind only upn seeing the man cuffed between 2 deputies. <br/><br/>It's a lesson I'll never forget, but I don't think it's requested often enough. Last year I saw firsthand why you always poll the jury as I was watching a verdict come back in a murder trial. An older lawyer told me that you “always poll the jury” before we went in and then,when the lawyer asked for it, a juror hesitated and then said “No, that’s not my verdict.”

The defendant, who was obviously not cuffed during the trial, was now in handcuffs awaiting the verdict. The judge then sent the jury back and when they came back out, their verdict was unanimous to convict. The defense lawyer’s motion for a mistrial was overruled by the judge, but it was a “slam dunk” on appeal, given the juror’s hesitation and the fact that she changed her mind only upn seeing the man cuffed between 2 deputies.

It’s a lesson I’ll never forget, but I don’t think it’s requested often enough.

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