Criminal
Oct. 25, 2016
Courts disagree on excusing jurors
The jury trial constitutionally ordered in civil and criminal litigation emerged from English common law and exists today in essentially the same format. The application, however, has changed attributable to federal and state case law.
Lawrence Waddington
Neutral
JAMS
Email: waddington1@aol.com
Lawrence is a retired Los Angeles County Superior Court Judge and former assistant attorney general for the state of California. He is author of "Disorder in the Court" at Amazon.com. He also edits the 9th Circuit blog, "The 9th Circuit Watch."
The jury trial constitutionally ordered in civil and criminal litigation emerged from English common law and exists today in essentially the same format. The application, however, has changed attributable to federal and state case law responding to a variety of jury conduct challenges for trial court judges. The majority of these examples occur during jury deliberations and potential verdict. Unsurprisingly, jurors in death penalty cases frequently cause some form of disruption or disagree...
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