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The Magic Cafe Forum Index » » Not very magical, still... » » Question for Bob, mastermindreader (0 Likes) Printer Friendly Version

acesover
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I often see or read reference to a jury being polled after the foreperson reads the verdict. Suppose in the polling one of the jurors recants and gives a different verdict. What happens? Just curious. Has it ever happened?

Also wondered what if a juror had second feelings at that moment what can they do if the jury is not asked to be polled?
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stoneunhinged
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Mistrial.

You don't need a lawyer to answer this one, Aces.
balducci
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Http://johndimotto.blogspot.ca/2010/10/j......-in.html

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The trial court should carefully and delicately question a juror who during polling creates some doubt as to his/her vote to see if there is, in fact, doubt. If there is doubt, the court has three options:

1) Direct jury to retire to jury room and resume deliberations.
2) Declare a mistrial.
3) Carefully interrogate the juror about ambiguous or ambivalent assent.
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Just saw this thread. Sorry for the delay as I was in Las Vegas for the past several days.

But Balducci's answer pretty well sums it up. I actually had this happen with a few juries over the years. One time it was resolved when the judge questioned the juror and it was found that he actually DID agree with the verdict, but just for different reasons than the others. On the other occasions the jury was just sent back for further deliberations. And there were one or two mistrials declared as well.
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Quote:
On Oct 17, 2014, mastermindreader wrote:
Just saw this thread. Sorry for the delay as I was in Las Vegas for the past several days.

But Balducci's answer pretty well sums it up. I actually had this happen with a few juries over the years. One time it was resolved when the judge questioned the juror and it was found that he actually DID agree with the verdict, but just for different reasons than the others. On the other occasions the jury was just sent back for further deliberations. And there were one or two mistrials declared as well.



Thanks Bob,

The answers makes sense to me all except the part of a possible declaration of a mistrial. I cannot fathom why a mistrial could be deemed the solution. Would that be only after questioning the juror or does the judge have the authority to declare a mistrial just because of a juror not agreeing with the verdict read by the foreperson? This is nothing but curiosity on my part about our jury system. Thanks for bearing with me for what may seem like dumb questions. Again just curious.
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Before ruling a mistrial, the judge will usually order the jury to deliberate further to see if they can come to an agreement. If, however, the jury comes back and is hopelessly deadlocked, there is no alternative but to declare a mistrial if the law requires a unanimous verdict.
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Bob, if a goat walks into the courtroom and eats the paperwork, do they declare a mistrial$$$. <-- those are lawyer question marks.
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I would hope so. Especially if I paid good money to rent the goat.
acesover
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On Oct 18, 2014, mastermindreader wrote:
I would hope so. Especially if I paid good money to rent the goat.


OMG Bob...you would do that? Smile Kidding.
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Tom Cutts
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On Oct 18, 2014, mastermindreader wrote:
I would hope so. Especially if I paid good money to rent the goat.

Nice one, Centurian!
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