If a Juror Fails to Disclose information to Get on a Jury, Does that Mean the Verdict Should be Overturned? Jack Appears in Newsweek to Discuss
Jury trials are supposed to be sacrosanct in the U.S. You are supposed to pick a jury that is “fair and impartial.” These are the magic words, “fair and impartial.” Well, what happens if they are not? What happens if they are neither fair nor impartial? What happens if they actually don’t tell the truth to get onto a jury? If they make it on the jury, does that mean that the jury decision should be rejected outright regardless of the result? Read the Newsweek article in which Jack Rice was quoted.
The revelation of the juror in the Derek Chauvin case is disturbing indeed. According to media reports, what we know is that the juror was asked twice in the questionnaire about attending BLM marches and he said no twice. This was false, twice. He did attend a BLM march in Washington DC and in fact wore a shirt that said “get your knee off of our necks” or something like that. So not only did he do it, he concealed it in order to get on this jury. How could he possibly be fair and open minded?. It isn’t the BLM march, or the shirt. It is that he failed to disclose it twice to get on the jury. It feels like a bias and an agenda. Of course, he voted consistent with both. In order to convict, you need a unanimous jury. He contributed to that. I would argue it makes the conviction less definitive, less credible and less certain.
That all being said, I still think that in itself it will be insufficient to overturn the conviction. The Judge and likely Court of Appeals will confirm and call it harmless error. They want this trial over. However, should they? If it is honestly about having a “fair and impartial” jury, did the system or this jury fail to deliver?
Jack appears in Newsweek Magazine to talk about picking fair and impartial juries, about whether it is even possible, and what happens next.
Jack Rice has been a practicing criminal defense lawyer for decades and is the founder of Jack Rice Defense. He is a former prosecutor, a Board Certified Criminal Law Specialist and a criminal defense lawyer. If you are facing serious criminal charges in Minnesota, contact Jack Rice Defense for a free confidential consultation.