In high profile cases, though, a change of venue may not even make a difference. In such instances, juries will likely be sequestered. To truly isolate a jury, you need to be able to control its members access to everything, including television, films, news sources, cell phones, etc.
Jury members even have their mail monitored and are prohibited from discussing the trial with one another. It is possible for jury sequestration to work if it is handled properly by the judge presiding over the case.
For example, the jury in the George Zimmerman trial was sequestered for 22 days. However, they were allowed to go bowling, get manicures, see movies, and go shopping as a group. These outings helped the jurors keep their sanity, though they stopped once the time came for the jury to deliberate on a verdict.
There is a reason isolation is used as a punishment in prison — it is incredibly challenging. Imagine being unable to discuss the most pressing issue in your life with someone you love and trust — not a spouse, not a parent, not even your therapist. Imagine being escorted by armed guards to and from a bathroom. The operation of criminal jury processes differs by jurisdiction, location, and court facility.
Common elements of jury sequestering, deliberation, and release at the end of a trial are summarized below, in order to help define risks and inform appropriate control measures. Note: While such barriers do not replace the use of non-medical masks, they can provide an additional layer of protection. Get further guidance on protecting court personnel and court users and general practices for cleaning and disinfecting applicable to all court operations.
A Statement from the Action Committee Our Committee exists to support Canada's courts as they work to protect the health and safety of all court users in the COVID context while upholding the fundamental values of our justice system. This guidance is not exhaustive and is advisory only; it is not intended to replace applicable health and safety laws and regulations, nor does following this guidance ensure compliance with those laws and regulations.
Awareness of, and compliance with legal responsibilities must form an integral part of court operations in response to COVID This guidance must be reviewed and adapted by adding good practices and policies to meet local circumstances and needs.
When putting health and safety measures in place, always consider the hierarchy of controls, continue to evaluate how effective they are, and make changes when needed. Consultation with key stakeholders is also necessary, including workplace health and safety committees. The jurors will have a verdict form for each count.
When the verdict forms for each count are completed, they will be placed in an envelope, sealed and given to a deputy who will give them to the court. The jury will return to the courtroom and the verdict will be read publicly. The jurors selected for the case said they could weigh the evidence fairly and impartially. And the judge reminded them of that as they embarked on deliberations. Cahill told jurors they must not let bias, prejudice, passion, sympathy or public opinion influence their decision, and they must not consider any consequences or penalties.
He said the verdict must be unanimous and based only on the evidence presented in court and the law as he provides. I am certain that you realize that this case is important and serious, and therefore, deserves your careful consideration. Sections U. What the court must do with this request depends on the court rules. In most states, no juries are required to be sequestered, but the parties may ask for sequestration, and the judge may decide whether or not to sequester the jury for part or all of the trial.
Some states only require sequestration if either the plaintiff or the defendant asks for it. A few states require a jury to be sequestered in some kinds of cases, but let the judge decide whether or not to sequester the jury in others. Reprinted with permission under license from the Rottenstein Law Group LLC , some edits have been made to the original article.
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