Legal Question in Criminal Law in California

juror responsibility

If a juror did something they were not supposed to while deliberating, should that juror tell anyone what they did if they were not caught? Is there any punishment that will be imposed on the juror if they tell the court what they did? I apologize for the length, but if I can get into trouble for my actions then I have to decide whether I should come forward (and face the possible consequences) or let the defendant go to prison.


Asked on 7/13/07, 2:40 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: juror responsibility

I doubt that a juror would be punished at all for coming forward, and I would urge you to do so (as is your obligation as an officer of the court).

Certainly nothing that could possibly happen to you compares to the possible injustice of the defendant being sentenced to prison based on a judicial proceeding tainted by possible juror misconduct -- and your having that on your conscience for many years to come.

Please write a letter to the judge and 'fess up.

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Answered on 7/13/07, 2:56 pm
Terry A. Nelson Nelson & Lawless

Re: juror responsibility

Unless you committed a crime in the jury room, disclosure is not likely to result in your punishment. Embarrassment maybe. Tell the judge the truth, and make sure the jury system works like it is supposed to, with people taking their responsibilities seriously. You would hope for the same if it were you on trial, right?? You may have done something that could cause a new trial, but that is better than an innocent person being convicted because you were afraid to tell the truth.

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Answered on 7/13/07, 3:04 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: juror responsibility

I urge you in the strongest possible terms not to just ignore the problem. You should not let someone else be imprisoned wrongfully in order to protect yourself, no matter what consequences you might face. At the same time, unless your conduct actually amounted to a serious crime I doubt you would face any consequences at all.

You may want to hire a lawyer to run interference for you. At a minimum you should consult with one directly and explain exactly what you did wrong.

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Answered on 7/13/07, 3:35 pm


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