Jury Discharged Without Verdict In Massachusetts
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FAQ
Polling the Jury. When a verdict is returned, the court may conduct a poll of each juror to obtain an expression of the juror's agreement with the verdict as written. Commonwealth v. Zekirias, 443 Mass.
This only happens in the most extreme cases because appeals courts will defer to the jury's verdict and review all evidence in the light most favorable to the prosecution. In Massachusetts and all other jurisdictions in the United States, jurors are not instructed that they can nullify a case.
The judge may declare a mistrial as to any charges upon which the jury cannot agree upon a verdict; provided, however, that the judge may first require the jury to return verdicts on those charges upon which the jury can agree and direct that such verdicts be received and recorded.
Don't lose your temper, try to bully, or refuse to listen to the opinions of other jurors. Don't mark or write on exhibits or otherwise change or injure them.
If you don't want to serve, you can notify the OJC that you'd like to be disqualified, and the OJC will permanently remove you from the juror list. You'll need to contact the OJC to be added to the list again if you later decide you'd like to serve.
“A judge should observe the jury while they affirm their verdict in open court. If it appears that a juror does not agree with the verdict, inquiry should be made or the jury should be polled.” Commonwealth v. Floyd P., 415 Mass. 826, 829 n.
The clerk or judge will ask for the jury's verdict and read it out loud. The judge will then ask the attorneys if they wish to have the jury polled. "Polling a jury", means that the clerk will ask each juror individually if this is their verdict, and each juror must answer out loud.
You are disqualified from service if: You aren't a citizen of the United States. You'll need to provide your alien card identification number, visa status, or other pertinent information. You aren't a Massachusetts resident and you don't live in Massachusetts for more than 50% of the year.
If you don't appear for your hearing, the court will issue a criminal complaint against you and send a summons instructing you to appear for arraignment at the court. Warrant.
Convicted of a felony within the past seven years, or currently charged with a felony or in custody. Served jury duty within the last three years, or currently scheduled for state or federal jury duty. Physical or mental disability certified by a licensed doctor or Christian Science practitioner.
