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01-08-2022 08:50 PM - edited 01-08-2022 08:52 PM
@occasionalrain wrote:A person who has been sexualy abused cannot be objective because of it. They may distrust men and think all would behave as preditors if they thought they wouldn't be caught.
@occasionalrain @It is up to the the prosecution and defense to hear about potential jurors and their answers during Voir Dire. Then they decide whether to allow the person to sit on the jury or not.
01-09-2022 12:25 AM
@hckynutjohn wrote:
@Wsmom wrote:@hckynutjohn , Here's one of those instructions for you:
"You should use your common sense and experience in deciding whethertestimony is true and accurate. However, during your deliberations, donot make any statements or provide any information to other jurorsbased on any special training or unique personal experiences that youmay have had related to matters involved in this case. What you mayknow or have learned through your training or experience is not a partof the evidence received in this case."That type of instruction may not have been given and may not have been given in any trial you were a juror in; where I worked that was a standard instruction for every trial.
Not sure these were the same instructions we were given on the juries on which I sat. Your font is too small for this old man's eyes to read, on going back an forth stretching to reply to this, effects my eye focus.
What I can say is this. On 1 specific trial I sat, a Civil Trial, had it not been for my background and knowledge of internal combustion engines, along with knowledge of a few trade skills in construction? Those on this panel would not have understood the basis of this trial.
Example: You had new brakes installed on your car and had a National brake company install your new brakes.Your brakes fail and you total your car.
Would you blame the manufacturer like GM for the failure? Or would you be more likely to blame the National brake company that installed your new brakes?
On the panel on which I sat, most on the panel wanted to place blame on the last person that checked this machine and motor.
The fault did not lie with him because the person(company) that constructed the overall protection package, was negligent. This company did not put in the necessary protections, which were specifically needed, to prevent the exact tragedy that happened.
Were it not for my machine/construction, and internal combustion engine knowledge, the outcome and verdict of this case would have been the opposite, and wrong.
Some of the jurors not understanding that in construction, you do not blame a brick layer, if an electrical fire burns down the building before its Grand Opening. What happened had nothing to do with the masonry construction of this project.
And I am supposed to sit there and say nothing about the false evidence provided by the Defense in this trial? I wouldn't care what the instructions said.
They were written wrong if they excluded me talking, during deliberations to the other jurors, from my knowledge and background with internal combustion engines, and in general construction of large buildings.
Is this the same as this Maxwell case? Of course not, but! Will leave it at that.
hckynut🏒
I am not a lawyer, but If a jury decides based not on the evidence presented at trial, but on another juror's statement that certain evidence (which apparently was not refuted at trial) is not true - and this is discovered - wouldn't that be a basis for a mistrial?
I understand that jurors made decisions as to whether or not testimony is believable - but even that should be based on what occured during the trial - or because of other testimony or evidence.
Trials certainly can be imperfect and lawyers may fail to properly represent their client - including failing to provide appropriate evidence, but it scares me to think that when that happens - jurors just provide their own evidence to make up for this perceived problem.
01-09-2022 01:54 AM - edited 01-09-2022 02:04 AM
@hckynutjohn , sorry about the font. Hopefully this is better.
Again, to be clear, this is my experience. Not a clue what the instructions are in your state.
01-09-2022 02:21 AM
@Isobel Archer wrote:
I am not a lawyer, but If a jury decides based not on the evidence presented at trial, but on another juror's statement that certain evidence (which apparently was not refuted at trial) is not true - and this is discovered - wouldn't that be a basis for a mistrial?
I understand that jurors made decisions as to whether or not testimony is believable - but even that should be based on what occured during the trial - or because of other testimony or evidence.
Trials certainly can be imperfect and lawyers may fail to properly represent their client - including failing to provide appropriate evidence, but it scares me to think that when that happens - jurors just provide their own evidence to make up for this perceived problem.
@Isobel Archer , agreed. A very frightening thought. That your fate, either cival or criminal case, is determined by something that nobody has a record of, nobody knows what was said, that person was never cross-examined to find out the accuracy of what they said, their training and experience, I could go on. Yikes. And yes, grounds for mistrial or if that isn't granted probably overturned on appeal.
01-09-2022 02:35 PM
Thank you for the larger font. Will bow out of our discussion. Stay well,
hckynut 🏒
01-09-2022 04:29 PM
@hckynutjohn wrote:
Thank you for the larger font. Will bow out of our discussion. Stay well,
hckynut 🏒
You, too, @hckynutjohn .
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