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News Forum For Lawyers News Forum For Lawyers Home Consumer Protection Information Contributors Steven Di Joseph Kelly MacLellan Justin DiJoseph John Saponaro Stef Morisi Arnold DiJoseph Robert A. Cardali Marty Grossman Seth D. Bader Devon Reiff Legal Resources The “Stealth” Juror: A multifaceted p... By Devon Reiff, Esq. Introduction: While every trial lawyer wants to pick a jury that will ultimately return a verdict in favor of his or her client, the [..] Unsecured Beach Umbrellas Pose Extrem... By: Devon Reiff, Esq. Back in May of 2006, a settlement was reached with the State of New York in which it agreed to pay $200,000 to my [..] In the oil and gas industry, the real... By: Seth Bader, Esq. Although working “in the field” in the oil and gas industry is widely regarded as a hazardous occupation, the real danger to workers may [..] School Security After Newtown By: Steven Di Joseph When referring to most small towns in America, you first need to identify the state and county they’re in before the average person has [..] FDA Caught Red-handed Spying on Its E... By Devon Reiff – ? An investigation by the Food and Drug Administration of a number of its employees, characterized as an effort to quell their communication with [..] Zithromax: Another prescription drug ... By Steven Di Joseph – At one time, writing about a dangerous prescription drug was an infrequent occurrence. Today, however, it has become difficult to keep up with [..] Study Finds College Students Remarkab... By Stef Morisi – Balancing a checkbook, comprehending newspaper articles, and calculating the cost of gas are just a few tasks that many college seniors cannot handle, according [..] Dirty Surgical Equipment Puts Patient... By Justin DiJoseph – Did you ever think a hospital’s surgical team would use dirty equipment when operating on a patient? John Harrison didn’t think so. When he [..] The Risks of Cholesterol Drugs Vary A... By Steven Di Joseph – I – The Statins Although more people worldwide suffer from high cholesterol than ever before, the problem has reached epidemic proportions in the [..] Spring Cleaning: Which Meds Go, How T... By Stef Morisi – How often should you clean out your medicine cabinet? Beth Israel Medical Center’s Clinical Pharmacy Manager, Dr. Elizabeth Palillo, says, “Once a year.” If [..] ← Older posts The “Stealth” Juror: A multifaceted problem at trial Posted on June 30, 2016 by AGough | Permalink 0 By Devon Reiff, Esq. Introduction: While every trial lawyer wants to pick a jury that will ultimately return a verdict in favor of his or her client, the first goal is to pick a jury that can be fair and impartial. Unfortunately, this is much more difficult to achieve than most people realize for a number of reasons, which every trial lawyer must be aware of and guard against as they occur or by making a clear and concise record for appellate review later on. Here, we will examine, in depth, the three most problematic reasons for “tainted” or biased juries. One is created by prospective jurors alone. Another is a combination of juror bias and inadequate oversight by the trial judge. The final one is due to a calculated strategy by one side to exclude jurors by using one or more peremptory challenges to exclude potential jurors based on race, ethnicity, or sex. The deliberately secretive “stealth” juror: Contrary to the popular belief that no one wants to serve on jury duty and will use any possible excuse, contrived medical condition or outright falsehood to avoid even one day in the jury pool*, there have always been a significant number of people who not only want to be selected but will even lie (or worse) to avoid being excused either “for cause” or by way of a peremptory challenge. These “stealth” or “rogue” jurors conceal their hidden agendas to connive their way onto juries in civil and criminal cases and are always a threat to improperly influence the outcome of a trial. What makes them difficult to identify is that they generally give every appearance of being truthful and, yet, they may secretly: (1) admire or hate a particular plaintiff or defendant in a civil case; (2) favor (or oppose) a cause or position with which the plaintiff or defendant is identified in a civil case; (3) have strong leanings toward the prosecution or against the defendant in a criminal case; (4) be attracted to the defendant for some reason in a criminal case; (5) be seeking their “fifteen minutes of fame” by serving in a high-profile civil or criminal case; (6) have an economic goal they see as achievable once they have served as a juror (or even an alternate) in a significant case; (7) be seeking to vindicate a wrong done to them or to a member of their family in an unrelated case; (8) have a personality disorder or psychological problem that compels them to seek out a situation where they are the center of attention; or (9) suffer from a combination of these abnormal motivations. Of course, truthful (potential) jurors readily disclose such possible bias through honest responses during voir dire and may wind up serving quite fairly in a different case. Accordingly, a trial lawyer must always be attentive during voir dire and use all of his or her skill to identify unfit jurors, even if the possibility exists that they are actually in favor of their client or cause. Since stealth jurors weaken the judicial system and imperil the very verdicts they seek to influence, no one profits from their self-interest and selfish motives. To comprehend the wide range of conceivable motives which drive the stealth juror, consider only a few of the following possibilities using 1 through 9 above as a guide. The plaintiff or defendant (in a civil case) may be a well-known celebrity or member of a prominent family. This attracts stealth jurors who either idolize that person or family, or hate who they are or what they stand for. The plaintiff or defendant (in a civil case) may support (or oppose) a particular cause, such as abortion rights, medical malpractice, gay rights, etc. The juror may side with the prosecution because of a family connection with law enforcement or due to some event where they, a loved one or family member was the victim of a crime, especially one that went unreported or where the perpetrator was not convicted. This is a more generalized preoccupation with an “anti-crime” attitude (see 7 below). Conversely, stealth jurors have been known to become enamored with even the most despicable criminals, such as serial killers, rapists and murderers. They might even have their own repressed urges to engage in the very behavior the defendant is charged with. Some stealth jurors simply want to bask (vicariously) in the media coverage surrounding a high-profile case. It does not matter who the parties are or what the case is about. The attraction is simply the chance to be seen on TV, interviewed after the trial or recognized around their neighborhood. A particularly offensive type of stealth j...

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