South Dakota Jury Instruction - Threatening a Juror
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FAQ
Any attempt to interfere with jurors or witnesses, whether by way of intimidation, bribery or persuasion, may be punished as a contempt of court at common law. Contempt in this context means a serious interference with the administration of justice. There is also a statutory offence of intimidating jurors and others.
Intimidation: This is related to the issuance of threats to a juror. Examples of intimidation include noting that the juror will not be able to escape from punishment by the requestor's alleged supporters or claiming that a certain verdict is necessary for the proper carriage of justice.
Any member of a church or religious organization is exempt from jury duty if jury service conflicts with the religious belief of that church or religious organization. Any person who has been convicted of a felony unless restored to civil rights is not eligible to serve as a juror.
South Dakota's hate crime law makes it a felony (called ?malicious intimidation or harassment?) to, among other things, maliciously cause or credibly threaten to cause physical injury with specific intent to intimidate or harass a victim or victims because of their race, ethnicity, religion, ancestry, or national ...
22-19A-4. Harasses defined. For the purposes of this chapter, harasses means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, or harasses the person, and which serves no legitimate purpose. Source: SL 1992, ch 162, § 4; SL 1993, ch 176, § 4. Codified Law 22-19A | South Dakota Legislature South Dakota Legislature (.gov) ? Codified Laws ? 22 South Dakota Legislature (.gov) ? Codified Laws ? 22
SDCL 21-10-3 defines a public nuisance as one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon the individuals may be unequal. SDCL 21-10-5 Remedies against any nuisance are: A civil action. Public Nuisance Process | Lawrence County, SD lawrence.sd.us ? Public-Nuisance-Process lawrence.sd.us ? Public-Nuisance-Process
A person who uses or threatens to use deadly force in ance with this section does not have a duty to retreat and has the right to stand his or her ground, if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where the person has a right to be. Codified Law 22-18-4 | South Dakota Legislature sdlegislature.gov ? Statutes sdlegislature.gov ? Statutes
Examples of jury tampering may include providing outside information to a juror and bribing, threating or intimidating a juror to influence the verdict. Both lawyers and jurors themselves can be involved in jury tampering. Jury tampering is not only an ethical infraction, but a criminal offense.
[+ object] : to cause (someone) to agree with you or to share your opinion. The lawyer tried to sway the jury.
?Jury Misconduct? in California ? Can a Conviction Be Reversed? speaking to people about the case who are not on the same jury, speaking to a fellow juror about the case other than when the full jury is together engaged in an official session of deliberations, refusing to deliberate,