What Constitutes Jury Tampering?
Dawn Colclasure
Dawn Colclasure has written for the newspaper, "SIGNews," since 2003 and has been published in several different newspapers and magazines. Dawn also writes books on writing and the paranormal. She lives and writes in Eugene, Oregon.
By Dawn Colclasure, eHow Contributor
Jurors must base their decisions only on the evidence and facts presented at trial.
A juror must be unbiased during a trial, meaning that she must not allow her own opinions, ideas or outside knowledge of a case to influence her decision during deliberations. Jury tampering is a criminal offense. It occurs when someone tries to knowingly influence a juror's opinions or actions during a case. In cases where the trial takes national headlines, the jury may be secluded in order to avoid the jurors from being influenced. A juror who participates in jury tampering and does not report it to the judge will be just as guilty as the person committing jury tampering. This will result in a fine and/or imprisonment for the juror.
Bribery
Bribing a juror in order to influence his decision or action during a case is one form of jury tampering. It is sometimes coupled with intimidation or revealing unknown information. In addition to facing prosecution in the event a juror accepts a bribe, the money paid will be seized by law enforcement officials.
Discussing the Case
Jurors are not allowed to discuss a case with anyone outside of the courtroom. This rule is meant to keep them from being influenced by public or popular opinion. It also prevents them from sharing privileged information about the case, which may be leaked to the media. Additionally, a lawyer may unintentionally commit jury tampering by discussing the case with another attorney without knowing they are in the presence of a juror.
Intimidation
Intimidation includes threats, stalking, harassment and planting notes in the courthouse claiming someone is innocent. Threats can take many forms, such as someone saying she will hurt or kill someone if the juror doesn't do what she wants him to do, saying she will destroy or damage some of the juror's property and blackmailing the juror. Intimidation is a serious form of jury tampering. Guilty parties could face longer prison terms than they normally would for other types of jury tampering, as well as a higher fine.
"Fixing" the Jury
Under normal circumstances, a judge will not interfere with the jurors during deliberations. However, it has happened that jurors have complained to a judge about one juror in particular; and if the judge removes this juror and it is later proven that this was done to influence a decision, this is considered jury tampering. A person may also cause the jury to be "fixed" if he coerces or threatens a judge into removing a juror.
Pamphleteering
Handing out pamphlets that promote negative opinions about a case or that slander a juror on the trial can cause the person to be arrested and charged with jury tampering. This is especially true if the person is forcing these pamphlets onto one or more jurors who are part of the case. While people may promote pamphleteering as a right protected under the First Amendment, it can cause trouble if the person handing out the pamphlets is doing so with the intention of coercing or influencing a juror's opinions or actions.