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01/07/09
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April
01, 2004 The intransient juror No. 4 in the Tyco case is drawing attention to the role of the jury, as evidenced by Elliot Blair Smith's USA Today column, Lone jurors sometimes hold key to final verdict. It is of course not possible for an outside observer to know whether in some objective sense this juror, or any juror, has a valid objection to a conviction. The juror must be convinced, in his or her individual conscience, that the evidence points to guilt "beyond a reasonable doubt". The juror must also be convinced that no prosecutorial or police hanky-panky has gone on that would compromise the constitutional rights of the defendant. The juror must be satisfied that all the evidence the defense considers relevant and would like to introduce, has in fact been allowed in evidence. Frequently it has not been allowed. And finally, in many cases, the jurors ought to consider whether they are satisfied, as individuals, that the law the defendant is accused of violating, is a just law and is justly applied. If not, he or she is justified in holding out for a "not guilty" verdict. The jury is the final barrier between the police power of the state and the rights, property, freedom, and even the very life of an accused person. There is a reason why traditionally a unanimous verdict has been required in a criminal case, and not a majority vote. The reason is this: the majority has no right to violate the rights of the minority. A holdout juror may well be performing a crucial constitutional and humanitarian role: defense of the rights of an unjustly accused individual against the prejudices, malice, or self-serving laziness of the police, prosecutor, and even the judge. There is no rule of law that says the majority on a jury is right. A unanimity requirement ensures that nobody is to be convicted unless there exists an argument for conviction that is persuasive to all members of the jury. This helps to ensure against race, class, or ethnicity based arguments that the majority may find compelling - but a minority may find abhorrent. There is value in hung juries. If the prosecution has not convinced each and every juror that a conviction is justified, a hung jury or acquittal ought to be forthcoming. Iloilo Marguerité Jones Executive Director American Jury Institute/Fully Informed Jury Association Post Office Box 5570 Helena, Montana 59604 406-442-7800 406-442-9332 FAX fijamail@earthlink.net
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