Legal Definitions - juror misconduct

Juror misconduct refers to any action taken by a juror, either intentionally or unintentionally, that violates the court's instructions, their oath, or the established rules governing jury service. Such actions can compromise the impartiality and fairness of a trial, potentially leading to a mistrial or the reversal of a verdict.

Here are some examples illustrating juror misconduct:

• Example 1: Independent Research

  In a complex patent infringement case, the judge explicitly instructed all jurors not to conduct any independent research about the technologies involved or the companies on trial. Despite this, one juror went home and spent several hours researching the history of the defendant company online, including reading news articles and financial reports not presented as evidence in court.

  This constitutes juror misconduct because the juror disregarded the judge's clear instruction, introducing outside information that was not part of the official evidence. This could unfairly influence their judgment and compromise the fairness of the trial, which relies solely on evidence presented and tested in the courtroom.

• Example 2: Unauthorized Communication

  During a break in a criminal trial for assault, a juror used their personal cell phone to text a friend, describing some of the testimony they had heard that day and asking for their friend's opinion on whether the defendant looked guilty. The judge had repeatedly warned jurors not to discuss the case with anyone outside the jury or to seek outside opinions.

  This is an example of juror misconduct because the juror violated the court's strict rules against discussing the case with non-jurors and seeking external advice. Such communication can introduce bias and external pressures, undermining the juror's ability to remain impartial and decide the case based solely on the evidence presented in court.

• Example 3: Withholding Information During Jury Selection

  During the jury selection process (voir dire) for a medical malpractice lawsuit, a potential juror was asked if they or any close family members had ever been involved in a similar lawsuit or worked for a healthcare provider. The juror failed to disclose that their spouse was a high-level administrator at the hospital being sued, even though they were aware of this direct conflict of interest.

  This is juror misconduct because the juror intentionally withheld critical information that would have revealed a significant conflict of interest. The purpose of jury selection is to identify and remove biased individuals, and by concealing this information, the juror undermined the court's ability to seat an impartial jury, potentially prejudicing one of the parties.