Criminal background checks for Jurors?

  1. You have chosen to ignore posts from miscricket. Show miscricket's posts

    Criminal background checks for Jurors?

    A judge today granted the prosecutor's request to conduct criminal background checks on potential jurors.

    Is this unprecendented? I have never heard of it.  I was under the impression that only felons were barred from serving on a jury.

    Not sure how I feel about the effect this will have on our jury system...but it doesn't sit well with me. It's bad enough a juror's life is disrupted for the time they serve on the jury..but to treat them like criminals themselves? Not sure I like that either.

     
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  4. You have chosen to ignore posts from AlleyCatBruin. Show AlleyCatBruin's posts

    Re: Criminal background checks for Jurors?

    In response to miscricket's comment:

    A judge today granted the prosecutor's request to conduct criminal background checks on potential jurors.

    Is this unprecendented? I have never heard of it.  I was under the impression that only felons were barred from serving on a jury.

    Not sure how I feel about the effect this will have on our jury system...but it doesn't sit well with me. It's bad enough a juror's life is disrupted for the time they serve on the jury..but to treat them like criminals themselves? Not sure I like that either.




    I have been on a jury, but I've never heard of a prosecutor requesting background checks on potential jurors. I doubt that it would be constitutional, and the prosecutor (as well as the defense) can ask questions during the jury selection process, but a background check doesn't sound right to me. I'm sure the winguts will be all for it.....

     
  5. You have chosen to ignore posts from miscricket. Show miscricket's posts

    Re: Criminal background checks for Jurors?

    In response to WhatDoYouWantNow's comment:

    In response to miscricket's comment:

     

    A judge today granted the prosecutor's request to conduct criminal background checks on potential jurors.

    Is this unprecendented? I have never heard of it.  I was under the impression that only felons were barred from serving on a jury.

     

     


    Happens all the time.




    It does..? Wow..do they do this as part of the selection process? After thinking about it for a day or two..I guess I can understand doing something like a CORI check. Does anything happen to the jurors who are caught lying on their questionairres?

     
  6. You have chosen to ignore posts from miscricket. Show miscricket's posts

    Re: Criminal background checks for Jurors?

    In response to WhatDoYouWantNow's comment:

    In response to miscricket's comment:

    It does..? Wow..do they do this as part of the selection process? After thinking about it for a day or two..I guess I can understand doing something like a CORI check.



     

    Yup, it happens in just about every case in any significance. The prosecutor can simply call up CORI and ask.

    The only thing they can't do - thanks to a case a few years back (Comm. v. Hampton?) is run CORI checks after jury selection is complete on only those jurors they didn't like the look of, withhold the results from defense counsel, and then challenge the jurors they didn't like (and found out lied). Yes, that's how the prosecutor rolls.


    So nowadays, they can keep doing CORI checks. They just have to give all the info to defense counsel as well. People lie. Some, justifiably or not, do it because they were f'd over by the police at some point in their life and want to fight back. Others are embarassed, or what have you.

    Seems perfectly reasonable to me. My job is to make sure that if they convict, they played fair. I don't want a legit rapist going free any more than anyone else here - though it would certainly be my duty to pursue that result.

     

    In response to miscricket's comment:

    Does anything happen to the jurors who are caught lying on their questionairres?

     

    I would assume so, but if so I have never had one of those cases. So, I don't really know.




    Wow. Thanks for the clarification. So the CORI check on a jury, is it an all or nothing? In other words, if a prosecutor elects to do a CORI , is he or she required to run a check on the entire panel?

    I am not surprised to hear that some prosecutors would behave that way. Sometimes ( or maybe mostly?) it seems like our system of justice is more about getting the win..than actually about getting the truth.

     
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  8. You have chosen to ignore posts from massmoderateJoe. Show massmoderateJoe's posts

    Re: Criminal background checks for Jurors?

    What better way then to ensure that a defendent is being judged by a jury of his peers then to ensure that they have criminal backgrounds.

     
  9. You have chosen to ignore posts from miscricket. Show miscricket's posts

    Re: Criminal background checks for Jurors?

    In response to WhatDoYouWantNow's comment:

    In response to miscricket's comment:

    Wow. Thanks for the clarification. So the CORI check on a jury, is it an all or nothing? In other words, if a prosecutor elects to do a CORI , is he or she required to run a check on the entire panel?

     

    You know.... I would have to reread the case. I do not think it must be the entire panel, but whatever is requested must be shared with the defense. (And the defense can ask the judge to order the prosecutor to get CORIs on jurors the prosecutor hasn't already).

     




    Haha..okay thanks. I would probably make a terrible defense attorney. If the prosecution CORI'd one juror..I'd probably ask for them all to be CORI'd....just to annoy the prosecutor.

    I am guessing the part about "sharing with the defense" is really the most important aspect of the ruling.

     
  10. You have chosen to ignore posts from miscricket. Show miscricket's posts

    Re: Criminal background checks for Jurors?

    In response to GreginMeffa's comment:

    WDYWN has it right.  It happens all the time, and I cited a Mass case where it didn't happen, and that caused big problems. They asked me if I had  been convicted of a felony in the last 7 years.  One would assume, and even hope, that they might check up on that every now and then, lest it be the easiest way in the world to get out of service, or have the wrong guys in it.




    Thanks Greg...I really had never heard of this. Of course..then again..I have never gotten a jury summons either...not a single one. I try not to be bitter about this..lol

     
  11. You have chosen to ignore posts from MattyScornD. Show MattyScornD's posts

    Re: Criminal background checks for Jurors?

    In response to massmoderateJoe's comment:

    What better way then to ensure that a defendent is being judged by a jury of his peers then to ensure that they have criminal backgrounds.



    Pre-supposing that every single defendant in a jury trial is already a convicted criminal, then...

    ...what better way, indeed...?!

     

     

     
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  14. You have chosen to ignore posts from FortySixAndTwo. Show FortySixAndTwo's posts

    Re: Criminal background checks for Jurors?

    Served on attempted murder trial last fall. As much as I was dreading getting picked for the jury it turned out to be a great experience.

     

     
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