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- Oct 22, 2018
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I struggle with this:I have a question: IF that juror or another confirms that he (and possibly more of the jurors) knew what they were not supposed to know or consider when deliberating (that TR and JJ and Tammy are dead and LVD was convicted for their murders) and a mistrial were to be declared, then what?
After the verdict, LVD stipulated to the aggravating factors, which to me seems like a confession. It was stated without a jury present, but is part of the record.
Given that, how could she be tried again?
Defendants have the right to go before s jury of their peers.
Peers.
Not strangers, coworkers, foreigners but peers.
But so often, trials are moved away from peers.
Tried then by strangers.
Not peers, but people who don't know the defendants.
Then add in exceptions for what can and can't be known.
Peers know you. Your name, your history.
But here, we scrub that. Too prejudicial
So it becomes a trial by jury whereby the jury is the opposite of your peers. Sure, it's all in furtherance of the greater right -- freedom -- life, liberty and the pursuit of happiness -- something we don't really strip away. And now we have to ensure that potential jurors aren't infected by social media saturation, gaining bias and facts which might never see the courtroom.
Balance, I guess.
I get it but thst doesn't mean I like it.
JMO