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Stealth juror information


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.[1] Legal scholars believe that lawyers can identify stealth jurors by paying close attention to non-verbal behavior connected with deception and identifying discrepancies between answers to oral voir dire and written questionnaires.[2] A potential stealth juror may be hard to read and excessively reserved.[3] The potential for stealth jurors to nullify death penalty statutes has prompted calls to eliminate the requirement of a unanimous verdict in jury trials.[4] On the other hand, the argument has been raised that stealth jurors can serve as a defense against bad laws.[5]

Clay Conrad has stated that libertarian-minded voir dire members can and should increase their odds of getting on a jury by telling the prosecutors what they want to hear, without actually lying.[6] Jurors who lie to get on a jury can be charged with such offenses as contempt of court and obstruction of justice. Background checks are increasingly being used to catch jurors who lie about their criminal records.[7]

  1. ^ The Stealth Juror: Reality or Rarity?, American Bar Association, archived from the original on November 21, 2008
  2. ^ Bodaken, Edward M.; Speckart, George R. (1996), "To down a stealth juror, strike first; there are ways to detect a fact-finder who tries to slip through voir dire on a mission to sabotage a case", The National Law Journal, ISSN 0162-7325
  3. ^ AT Berry (1997), Selecting jurors, Litigation
  4. ^ R Blecker (2007), The Road Not Considered: Revising New Jersey's Death Penalty
  5. ^ Trent Hammerstein (July 2002). Stealth Juror: The Ultimate Defense Against Bad Laws and Government Tyranny. Paladin Press. ISBN 978-1-58160-338-5.
  6. ^ Conrad, Clay S., Surviving Voir Dire (PDF)
  7. ^ Molly McDonough (October 24, 2006), Rogue Jurors, ABA Journal

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