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A 'reasonable person' is a legal fiction I'm pretty sure I've never met.
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Legal Definitions - jury tampering
Definition of jury tampering
Jury tampering refers to any improper attempt to influence a juror's decision-making process regarding a case they are hearing. This involves unauthorized communication or contact with a juror about matters directly related to the trial, with the specific intent of swaying their judgment or affecting the verdict.
The legal system relies on jurors making decisions based solely on the evidence presented in court and the judge's instructions. Jury tampering undermines this fundamental principle, violating a party's constitutional right to a fair trial before an impartial jury. It is not merely an ethical breach but a serious criminal offense, carrying significant penalties.
Here are some examples illustrating jury tampering:
Example 1: Undisclosed Information from an Outside Party
During a civil lawsuit concerning a property dispute, a neighbor of one of the parties, who strongly believes their friend is in the right, approaches a juror during a lunch break. The neighbor then begins to recount personal anecdotes about the property's history and the character of the opposing party, none of which were presented as evidence in court, hoping to sway the juror's opinion.
This constitutes jury tampering because an outside individual is improperly communicating with a juror about the case, providing information not introduced in the trial, with the clear intent to influence the juror's deliberation.
Example 2: Covert Influence by a Concerned Individual
In a high-profile criminal trial, an individual with a strong personal interest in the defendant's acquittal, perhaps a distant relative or a supporter, manages to obtain a juror's contact information. They then send an anonymous email to the juror, containing links to articles and social media posts that portray the defendant in a highly sympathetic light and criticize the prosecution's case, none of which are part of the official court record.
This is an instance of jury tampering because an external party is attempting to influence a juror's decision by providing unsolicited, extra-judicial information directly related to the case, thereby compromising the impartiality of the jury.
Example 3: Attempted Coercion by a Disgruntled Party
Following a particularly contentious day in court, a defendant in a fraud case, feeling desperate, observes a juror leaving the courthouse. The defendant then follows the juror to their car and, without making direct threats, makes a comment about knowing where the juror lives and how important the verdict is to their family's future, implying negative consequences if the verdict isn't favorable.
This action, even without explicit threats, is a form of jury tampering because it involves improper contact with a juror outside of court, intended to intimidate or pressure them into a specific verdict by creating a sense of unease or fear, thereby corrupting the deliberative process.
Simple Definition
Jury tampering is the criminal act of improperly communicating with a juror to influence their decision-making process or the verdict in a trial. This offense undermines the integrity of the justice system and is punishable by law, ensuring a party's constitutional right to an impartial jury.