Transcription of JUROR MISCONDUCT: RECOGNIZING IT AND RAISING IT …
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1 JUROR misconduct : RECOGNIZING IT AND RAISING IT ON APPEALBy: Lori QuickJurors are human beings, with biases, prejudices, and preconceived , those biases, prejudices and preconceived notions are typically not favorableto our clients. Knowing this, defense counsel must always be vigilant in detecting andbringing them to light. This article discusses some common manifestations of jurormisconduct and how appellate counsel can recognize the issue and raise it in the Court The federal and state constitutions guarantee to a defendant accused of a crime theright to a trial by unbiased, impartial jurors . ( Const., 6th and 14th Amends.; , art. I, section 16; Irvin v. Dowd (1961) 366 717, 722; In re Hitchings (1993) 97, 110.) An impartial JUROR is someone capable and willing to decide the case solelyon the evidence presented at trial. (Smith v. Phillips (1982) 455 209, 217.) A sittingjuror's actual bias, which would have supported a challenge for cause, renders him unableto perform his duty and thus subject to discharge and substitution.
1 JUROR MISCONDUCT: RECOGNIZING IT AND RAISING IT ON APPEAL By: Lori Quick Jurors are human beings, with biases, prejudices, and preconceived notions.
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Misconduct, Police, Police misconduct, Home Office Guidance Police, Sue the police, BUREAU OF INTERNAL AFFAIRS CONFIDENTIALITY, BUREAU OF INTERNAL AFFAIRS CONFIDENTIALITY POLICY, The Police (Conduct) Regulations 2012, I. INTRODUCTION AND OVERVIEW, Understanding and preventing police corruption, POLICE ACT 1861