Tennessee Jury Instruction - Threatening a Juror
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A person requesting an excuse based on undue or extreme physical or financial hardship shall be required to provide the judge with income tax returns, medical statements from licensed physicians, proof of dependency or guardianship, an affidavit stating that the person is unable to obtain an appropriate substitute ...
435 (1956) (Remmer II ). In Michael Dutkel's case, we didn't guard the jury jealously enough. During a joint trial on drug conspiracy and distribution charges, Dutkel's co-defendant, Eugene Washington, bribed a juror and secured himself a hung jury. The same jury convicted Dutkel.
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.
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.
Key Concepts. Jurors are prohibited from any conduct that would interfere with ensuring a fair and impartial trial, such as having contact with the parties, talking with other people about the case, or allowing outside information or evidence to influence the jury's decision.
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.
In a criminal offense trial, all 12 jurors must agree on a judgment, whether it is a guilty verdict or otherwise, to reach a unanimous decision. If the jurors are unable to reach a unanimous verdict, the trial may result in a hung jury. Even if only one juror disagrees, a hung jury may occur.