Legal Definitions - foreign jury

A foreign jury refers to a jury that is selected from a geographical area or jurisdiction different from where the legal dispute or alleged crime originally took place. This practice is typically employed when there is a concern that a fair and impartial jury cannot be impaneled from the local community. Reasons for this concern can include widespread prejudice, intense media coverage, a small pool of potential jurors, or other factors that might compromise objectivity. The primary goal of using a foreign jury is to ensure that the trial is decided by individuals who have not been unduly influenced by local sentiment or pre-existing opinions about the case.

• Example 1: High-Profile Criminal Case in a Small Town

  Imagine a small, close-knit town where a highly publicized criminal trial is about to begin. The victim was a beloved community leader, and the accused is a recent arrival to the area. Local newspapers, social media, and community discussions have been overwhelmingly critical of the accused, leading to strong public sentiment and widespread belief in their guilt even before the trial starts.

  Explanation: In this scenario, it would be extremely difficult to find twelve impartial jurors from that small town who have not already formed an opinion about the case. To guarantee the accused's right to a fair trial, the court might order a foreign jury. This means jurors would be selected from a neighboring county or a more distant jurisdiction where the intense local prejudice is less prevalent, allowing for a more objective assessment of the evidence presented in court.

• Example 2: Civil Lawsuit Against a Major Local Employer

  Consider a civil lawsuit filed against the largest employer in a rural county, alleging significant environmental damage caused by the company's operations. Many residents of the county either work for the company, have family members who do, or rely heavily on the company's economic contribution to the community.

  Explanation: If a jury were selected solely from this county, there's a high risk that potential jurors might have a direct or indirect financial interest in the company's well-being, or might be swayed by community pressure to protect the local economy. To ensure fairness and avoid potential conflicts of interest, a foreign jury could be brought in from a different county. These jurors would not be personally or economically tied to the defendant, allowing them to evaluate the environmental claims impartially based solely on the evidence.

• Example 3: Case in a Very Small, Isolated Community

  A complex property dispute arises in a very remote, sparsely populated region with only a few hundred adult residents. The dispute involves two prominent families who are well-known throughout the small community, and most residents have some connection or loyalty to one family or the other due to generations of intermarriage and social ties.

  Explanation: In such a small and interconnected community, finding enough eligible jurors who are truly neutral and have no pre-existing relationships or biases concerning the families involved would be nearly impossible. A foreign jury, drawn from a larger, more diverse population center, would be necessary to ensure that the jury can decide the property dispute based solely on the legal arguments and evidence presented, free from local social pressures or personal allegiances.