This content was written for Cale Law Office
Tulsa criminal defense attorney Stephen Cale talks about the duties of a jury. If you’ve been charged with a crime, call Cale law office at 918-277-4800 to schedule your free initial consultation. With your consultation you also get a free defense strategy plan.
For persons with been summoned as jurors, it is a legal obligation as well as a civic duty. As a juror person is an officer of the court just as the judge, attorney for the defendant, and the attorney for the state is. The officer jurors one of high public trust. Services that a juror performs is an important and essential part of the administration of justice.
A person has been selected as a juror take an oath. If this oath states that the juror will truthfully answer questions asked of him or her concerning qualifications to set as a juror. However, this oath is not required by law.
Tulsa criminal defense attorney Stephen Cale says that both the prosecutor and the defendants are entitled to jurors who will approach the case with an open mind. A juror must keep his or her mind open until a verdict is reached. Jurors must be as free as possible from bias, prejudice, or sympathy. Further, jurors cannot be influenced by preconceived ideas as to the facts or as to the law.
From the point of jury selection until the conclusion of the trial, jurors should not discuss the case with any person including family and friends. Additionally, jurors should not read or listen to any media discussing the case nor research the case in any way. This includes research through the Internet or other means. Neither should chores use any means to communicate to others about the case. The case should be set decided solely on the evidence that a jury has received in court.
Persons may be qualified to serve as a juror but may not be qualified to serve as a juror in a particular case. Therefore the law allows unlimited town challenges for cause. Additionally, the law grants both the stay in the defendant a certain number of peremptory challenges. A peremptory challenge allows either the state or the defendant to excuse a prospective juror for any reason allowed by law. If a person is excused from being a juror in the particular case, it is no reflection on that particular juror. That potential juror may be chosen to serve as a juror in another case.
The US Supreme Court is held at the equal protection clause of the 14th amendment prohibits printed peremptory challenges on the basis of race or gender. There is a three-step analysis that the trial court should use in deciding on the objection to peremptory challenge. A defendant may object to a race-based peremptory challenge even though the excluded jurors and the criminal defendant are not of the same race.
At the start of jury selection, the judge blast the potential jurors a number of questions to determine prospective jurors qualifications to serve in the case. To determine a potential jurors qualifications, a judge will need to get information from each of the potential jurors. This includes some personal information. The purpose of the questions is to obtain a fair jury. It is not to embarrass anyone.
If the judge’s question touches on any sensitive subject that a potential juror does not want to have heard by others present, the Met jurors should tell the judge. At that point, to potential juror can come forward so that questions can be asked privately.
A judge will ask whether or not a person lives in the county where the charges filed. Additionally, he will ask whether the prospective jurors know any of the attorneys in the case. Further, the judge will ask whether the prospective jurors know the defendant, any victims, the family members of any victims, any witnesses who may be called in the case and whether or not I have read or heard the allegations of the case. The best Tulsa criminal defense attorney will fight hard for you.
Also, the judge will ask whether not a person has expressed or formed an opinion concerning the case. He will also inquire as to any information person has heard or read about the case has influenced their ability to hear or decide a case impartially. Another question is whether a person has discussed this case with anyone prior to jury selection. Another inquiry is whether or not a person has had any experience that might affect their consideration of the case. Also, a judge will ask whether any of potential jurors or any of their friends or relatives are employed or involved with law enforcement. A similar question that the judge will ask is whether the potential juror or any of their friends, or relatives, has been connected with law enforcement in the past.
An especially important question is whether not the potential juror has held a reserve jeopardy commission, special deputy commission, or an honorary deputy commission. Under state law Sheriff’s deputy sheriffs are disqualified from serving as jurors. The Oakland Court of Criminal Appeals is held that a person who holds a reserve deputy commission, special deputy commission, or an honorary deputy commission is also disqualified from serving as a juror even though the person holding this commission has no legal authority or legal duty to act as a deputy sheriff.
Additional questions include whether or not the prospective jurors been charged with or accused of a crime, or whether their friends or relatives have never been charged or accused of a crime. Additionally, the judge will ask whether or not the prospective juror has been a victim of the crime, or whether any of their friends or relatives have ever been a victim of a crime. Getting the best Tulsa crimnal defense attorney is well worth the money.
A judge will instruct the jury on the law and the rules by which a jury reaches a verdict. Jurors have a duty to accept and follow the law as set forth in the instructions and the rules given to them by the judge. Therefore a judge will ask a prospective juror if selected as a juror will he or she accepts and follow the law as set forth in the instructions, and the rules that the judge gives to the juror.
If you’re looking for the best Tulsa criminal defense attorney, call Stephen Cale at 918-277-4800.