Is juror misconduct a criminal offence?

Is Juror Misconduct a Criminal Offence?

Juror misconduct is a serious issue that can undermine the integrity of the judicial system. In this article, we will explore whether juror misconduct is a criminal offence and the consequences of such behavior.

What is Juror Misconduct?

Juror misconduct refers to any behavior or action that violates the juror’s oath or duty to impartially and fairly consider the evidence presented in a trial. This can include, but is not limited to:

• Ex parte communication: Communicating with anyone involved in the case, including the parties, witnesses, or attorneys, outside of the courtroom.
• Research: Conducting independent research on the case or the parties involved, including searching the internet or reading news articles.
• Prejudicial influence: Allowing personal biases or prejudices to influence one’s decision-making.
• Intimidation: Intimidating or coercing other jurors to reach a certain verdict.
• Bribery: Offering or accepting bribes in exchange for a certain verdict.

Is Juror Misconduct a Criminal Offence?

In most jurisdictions, juror misconduct is not a criminal offence in and of itself. However, it can lead to serious consequences, including:

• Mistrial: If the misconduct is severe enough, it can result in a mistrial, which means that the trial is declared invalid and a new trial must be held.
• Contempt of court: Jurors who engage in misconduct can be held in contempt of court, which is a civil offence that can result in fines or imprisonment.
• Criminal charges: In some cases, jurors who engage in serious misconduct may face criminal charges, such as bribery or intimidation.

Consequences of Juror Misconduct

The consequences of juror misconduct can be severe and far-reaching. Some of the potential consequences include:

• Undermining public trust: Juror misconduct can erode public trust in the judicial system and undermine the integrity of the trial process.
• Injustice: Juror misconduct can result in the wrongful conviction or acquittal of a defendant, which can have serious consequences for the parties involved.
• Financial costs: A mistrial or the need for a new trial can result in significant financial costs for the parties involved.
• Emotional distress: Juror misconduct can cause emotional distress for the parties involved, including the defendant, the prosecution, and the victims.

Preventing Juror Misconduct

To prevent juror misconduct, courts and jurisdictions have implemented various measures, including:

• Juror education: Providing jurors with education and training on their role and responsibilities.
• Juror screening: Screening jurors to ensure that they are impartial and qualified to serve.
• Courtroom monitoring: Monitoring the courtroom to ensure that jurors are not engaging in misconduct.
• Juror sequestration: Sequestering jurors to prevent them from being influenced by external factors.

Conclusion

In conclusion, while juror misconduct is not a criminal offence in and of itself, it can have serious consequences for the parties involved and the integrity of the judicial system. Courts and jurisdictions must take steps to prevent juror misconduct and ensure that jurors are held accountable for their actions.

Table: Consequences of Juror Misconduct

Table: Measures to Prevent Juror Misconduct

References

• "Juror Misconduct" by the American Bar Association
• "The Consequences of Juror Misconduct" by the National Center for State Courts
• "Preventing Juror Misconduct" by the Federal Judicial Center