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re: Vandy Rape Case Declared Mistrial
Posted on 6/23/15 at 6:38 pm to VFL1800FPD
Posted on 6/23/15 at 6:38 pm to VFL1800FPD
Damn. I get the fact that the juror was a victim, but they need to prosecute jurors who lie during selection. What a waste everyone's time and money, and more time and money will now be wasted. And if the defendants are innocent (I get the feeling they're really, really not in this case, but still...) it's like cruel and unusual punishment, dragging their trials out like this.
I wonder if even that could result in a mistrial if there's evidence the juror has formed prejudicial opinions about that type of crime because of his experience as a juror in a prior rape trial. Not an automatic mistrial, but could be the seeds of proving there's a problem.
quote:
guess so...the OP read more to me that the jury foreman (the linked article just called him a juror) was part of another jury for another rape case, but I don't think that would result in a mis-trial. I see now what he meant...
I wonder if even that could result in a mistrial if there's evidence the juror has formed prejudicial opinions about that type of crime because of his experience as a juror in a prior rape trial. Not an automatic mistrial, but could be the seeds of proving there's a problem.
This post was edited on 6/23/15 at 6:40 pm
2
Posted on 6/23/15 at 8:04 pm to randomways
Should be automatic if there is no other alternate. But seeing as this was the foreman, his taking part in deliberations tainted the jury.
The reason it is automatic is because the hiding of this info would affect whether the defense would have challenged this juror for cause, which they would have.
The reason it is automatic is because the hiding of this info would affect whether the defense would have challenged this juror for cause, which they would have.
Posted on 6/23/15 at 8:11 pm to randomways
quote:
they need to prosecute jurors who lie during selection.
He didn't disclose it, different from telling a flat out lie according to the court of law. Plus in this situation public sentiment for going after this guy would be too much for the judge and DA to handle. Punish the guy twice for the rape?
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