QUESTION
Can a Juror be found contempt if they refuse to take the Juror's Oath if they believe in Juror Nullification?
Asked on Jan 16th, 2013 on Criminal Law - Florida
More details to this question:
First off, I'm not trying to get out of jury duty. I happen to strongly believe in the right of a juror to render a verdict that contradicts the facts, evidence and law in SOME circumstances if it goes against one's beliefs. As I've studied this to some extent, it's the right of any juror. However, some Juror's Oaths seem to attempt to take that right from Jurors. Can you get into any trouble (e.g. contempt), if you refuse to swear an oath you may not keep? Or are we required to take the Oath, even if we may secretly violate it, to keep from going to jail?
6 ANSWERS
John J. Carney
If you do not take the oath you will not be chosen as a juror. You do not understand the issue since a juror is not allowed to use jury nullification, they must follow the law or they are violating their oath to follow the rules. Jurors are not punished if the use jury nullification to find a person not guilty as no one asks them why they found a person not guilty and even if they do the juror does not have to answer the question.
Answered on Mar 11th, 2013 at 7:41 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You should never get to that point. When you are being questioned during jury selection (voir dire), make your opinion known. The judge will grant a strike for cause on you because of your inability to take the oath.
Answered on Jan 21st, 2013 at 3:54 AM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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You must take the oath, then when questioned about your beliefs, you also must answer honestly.
Answered on Jan 21st, 2013 at 3:23 AM
Michael J. Breczinski
You swear the oath and don't worry. Courts have consistently said that jury nullification is a juror right.
Answered on Jan 21st, 2013 at 3:22 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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This is an odd question and one that we could write about extensively. Generally, if a juror is not willing to take the oath to be a juror, the person will be excused or not selected. Be sure to make your views known to the judge and the attorneys, just be truthful, and you will not have to serve. This is only a hypothetical question to begin with, you have no idea what you might be called upon to sit as a juror for.
Answered on Jan 21st, 2013 at 3:22 AM
Criminal Law Attorney serving Altamonte Springs, FL
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The Trabin Law Firm, P.L.
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Yes, but more likely they will simply be disqualified from the jury and kicked off. Jury nullification is legal but the courts can't legally instruct someone to disregard the law, hence the oath.
Answered on Jan 21st, 2013 at 3:20 AM