North Dakota Motion to Sequester Jurors Prior to and During the Trial of this Case
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FAQ
Far from being an unintended side-effect, jury nullification is explicitly authorized in the constitutions of 24 states. The constitutions of Maryland, Indiana, Oregon, and Georgia currently have provisions guaranteeing the right of jurors to ?judge? or ?determine? the law in ?all criminal cases.?
Jury nullification refers to a jury's knowing and deliberate rejection of the evidence or refusal to apply the law either because the jury wants to send a message about some social issue that is larger than the case itself, or because the result dictated by law is contrary to the jury's sense of justice, morality, or ...
When a judge sequesters a jury (a process known as sequestration), the jury is isolated from the public to prevent jurors from coming into contact with members or products of the media, other people interested in the trial, etc. that might prejudice them or create the appearance of prejudicing them in some way.
It is not illegal to tell jurors about nullification. It might be contemptuous for a lawyer to argue that the jury should decide despite the evidence. And it might amount to tampering if someone tried to interfere by discussing anything with a juror that had already been sworn, but that was not your question.
Sequestered jurors are typically put up in a hotel and are not allowed to watch television, read newspapers, or use social media. They may have limited use of their phones, but only under the watchful eyes of bailiffs or court personnel.
For example, during Prohibition, juries who disagreed with alcohol control laws often acquitted defendants who had been caught red-handed trafficking beer or liquor. Because a not guilty verdict cannot be overturned in appeal, the law in question is said to have been nullified in that particular case.
It then proposes two alternatives to jury nullification: affirmative defense and use of error-correcting devices.
Voir dire - The process by which judges and lawyers select a petit jury from among those eligible to serve by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court.
