Stealth juror
Encyclopedia
A stealth juror or rogue juror is a person who, motivated by a hidden agenda in reference to a legal case, attempts to be seated on the jury
and to influence the outcome. Legal scholars believe that lawyers can identify stealth jurors by paying close attention to nonverbal behavior connected with deception and identifying discrepancies between answers to oral voir dire
and written questionnaires. A potential stealth juror may be hard to read and excessively reserved. The potential for stealth jurors to nullify
death penalty statutes has prompted calls to eliminate the requirement of a unanimous verdict in jury trials. On the other hand, the argument has been raised that stealth jurors can serve as a defense against bad laws. Clay Conrad has stated that libertarian-minded venire members can and should increase their odds of getting on a jury by telling the prosecutors what they want to hear, without actually lying. Jurors who lie to get on a jury can be charged with such offenses as contempt of court
and obstruction of justice
. Background check
s are increasingly being used to catch jurors who lie about their criminal records
.
murder trial. Peterson's lawyers argued that “[b]y getting on a nationally famous case [these jurors] may have aspirations of working their jury service into a book, interviews or some other form of celebrity and possible monetary benefit." The lawyers argued that Peterson would have a better chance of getting a fair trial outside of Los Angeles
, the entertainment capital of the world, since many of the jurors there might be publicity hungry. After the Martha Stewart
trial, a juror who gave several media interviews after the conviction was accused by Stewart’s lawyers of misconduct by lying to get on the jury. His statements to the media after the verdict proclaiming Stewart’s conviction as a “victory for the little guy who loses money in the markets because of these types of transactions” were used by the lawyers for the defendants to argue that the verdict was tainted by this juror’s alleged agenda to convict. In June 2008 after a judge dismissed a juror, during deliberations in a “gang murder” trial, who was found to have falsely denied her gang affiliation on a jury selection questionnaire, San Mateo County Chief Deputy District Attorney Steve Wagstaffe said: “It is our subjective opinion that she was a stealth juror, that she specifically wanted to be on this jury.” Juror dishonesty on questionnaires threatened the six month long federal corruption trial of former Illinois Governor George Ryan
.
's book The Runaway Jury
is about a stealth juror who serves in a tobacco-related case.
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
and to influence the outcome. Legal scholars believe that lawyers can identify stealth jurors by paying close attention to nonverbal behavior connected with deception and identifying discrepancies between answers to oral voir dire
Voir dire
Voir dire is a phrase in law which comes from the Anglo-Norman language. In origin it refers to an oath to tell the truth , i.e., to say what is true, what is objectively accurate or subjectively honest, or both....
and written questionnaires. A potential stealth juror may be hard to read and excessively reserved. The potential for stealth jurors to nullify
Jury nullification
Jury nullification occurs in a trial when a jury reaches a verdict contrary to the judge's instructions as to the law.A jury verdict contrary to the letter of the law pertains only to the particular case before it; however, if a pattern of acquittals develops in response to repeated attempts to...
death penalty statutes has prompted calls to eliminate the requirement of a unanimous verdict in jury trials. On the other hand, the argument has been raised that stealth jurors can serve as a defense against bad laws. Clay Conrad has stated that libertarian-minded venire members can and should increase their odds of getting on a jury by telling the prosecutors what they want to hear, without actually lying. Jurors who lie to get on a jury can be charged with such offenses as contempt of court
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
and obstruction of justice
Obstruction of justice
The crime of obstruction of justice, in United States jurisdictions, refers to the crime of interfering with the work of police, investigators, regulatory agencies, prosecutors, or other officials...
. Background check
Background check
A background check or background investigation is the process of looking up and compiling criminal records, commercial records and financial records of an individual....
s are increasingly being used to catch jurors who lie about their criminal records
Criminal Records
Criminal Records is the name of a UK based independent record label representing basement bands. It was formed in 2004 and focuses of the emergence of the subgenre known as Basement Rock or Basement. They represent over 20 UK bands.-External links:* *...
.
Incidents
Three stealth jurors allegedly lied to get on the jury in the Scott PetersonScott Peterson
Scott Lee Peterson , an American, was convicted of murdering his wife, Laci Peterson, and their unborn child in Modesto, California, in 2002. Peterson's arrest and subsequent trial dominated the American news media until 2005, when he was sentenced to death by lethal injection...
murder trial. Peterson's lawyers argued that “[b]y getting on a nationally famous case [these jurors] may have aspirations of working their jury service into a book, interviews or some other form of celebrity and possible monetary benefit." The lawyers argued that Peterson would have a better chance of getting a fair trial outside of Los Angeles
Los Ángeles
Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...
, the entertainment capital of the world, since many of the jurors there might be publicity hungry. After the Martha Stewart
Martha Stewart
Martha Stewart is an American business magnate, author, magazine publisher, and television personality. As founder of Martha Stewart Living Omnimedia, she has gained success through a variety of business ventures, encompassing publishing, broadcasting, and merchandising...
trial, a juror who gave several media interviews after the conviction was accused by Stewart’s lawyers of misconduct by lying to get on the jury. His statements to the media after the verdict proclaiming Stewart’s conviction as a “victory for the little guy who loses money in the markets because of these types of transactions” were used by the lawyers for the defendants to argue that the verdict was tainted by this juror’s alleged agenda to convict. In June 2008 after a judge dismissed a juror, during deliberations in a “gang murder” trial, who was found to have falsely denied her gang affiliation on a jury selection questionnaire, San Mateo County Chief Deputy District Attorney Steve Wagstaffe said: “It is our subjective opinion that she was a stealth juror, that she specifically wanted to be on this jury.” Juror dishonesty on questionnaires threatened the six month long federal corruption trial of former Illinois Governor George Ryan
George Ryan
George Homer Ryan, Sr. was the 39th Governor of the U.S. state of Illinois from 1999 until 2003. He is a member of the Republican Party. Ryan became nationally known when in 2000 he imposed a moratorium on executions and "raised the national debate on capital punishment"...
.
In popular culture
John GrishamJohn Grisham
John Ray Grisham, Jr. is an American lawyer and author, best known for his popular legal thrillers.John Grisham graduated from Mississippi State University before attending the University of Mississippi School of Law in 1981 and practiced criminal law for about a decade...
's book The Runaway Jury
The Runaway Jury
The Runaway Jury is a legal thriller novel written by American author John Grisham. The hardcover first edition was published by Doubleday Books in 1996 . Pearson Longman released the graded reader edition in 2001 . The novel was published again in 2003 to coincide with the release of Runaway...
is about a stealth juror who serves in a tobacco-related case.