When someone serves on a jury trial, one of the key instructions given to them is CALCRIM 101. That really talks about the jurors' conduct during the trial. It also discusses the participants' conduct. One of the biggest things they want to ensure that a jury understands is that they're not to talk to the parties — either the lawyers or the defendant in a criminal jury trial in Los Angeles — while the trial is pending. Often, people suggest that you can at least say hello and be polite, but this is inappropriate.
What we're trying to do is avoid the appearance of impropriety and obviously avoid one side or the other trying to slant things with something other than evidence presented in the witness stand. Really, all that jurors should be doing in a criminal jury trial in Los Angeles is looking at the evidence — evaluating what evidence there is, how strong, how weak it is, and whether it proves the elements of a particular crime.
So, they're going to be told right from the beginning: 'Listen, ladies and gentlemen, the two lawyers in the case are very nice. '
They're very personable, but don't take it offensively because they're not going to talk to you during the trial, because they know that would be improper and impermissible. It would be best if you extended the same courtesy to them. Please don't talk to them. Don't wave at them. Don't even smile at them, because they want to ensure that both sides receive a fair trial.
Jurors Must Evaluate Case Based on Evidence
I can't tell you how many times, over the course of the last twenty-five years, we've had issues with jurors trying to talk to lawyers, making statements to lawyers, and even lawyers saying things they shouldn't to a prospective juror.
Another significant aspect I notice is that lawyers will often engage in conversations with their clients, investigators, or others, which typically relate to the case. In these instances, one of the jurors might overhear the conversation. That is impermissible. That's what we don't want. We don't want the jurors evaluating things other than what is being presented in the witness stand. Remember, the attorneys are advocates for their clients, not the arbiters of justice. Their job is to present their case as persuasively as possible, but it's your job to evaluate the evidence and make a fair decision.
So, jurors are not to talk to the participants, not to talk to the lawyers, and, of course, not to talk to the judge should they see the judge out in public. The judge, as a neutral party, is there to ensure a fair trial, not to influence the jurors' decisions. They are only to evaluate the case based on the evidence.
Another significant cautionary instruction given to the jurors is that they're not to conduct any research. They're not to go on the internet, they're not to discuss it with their friends, they're not to discuss the criminal case with their family. This is inappropriate because that could sway their judgment.
They are not to research because that's not their job. Their job is crucial in the legal process, as they evaluate the evidence presented before them, examine the elements of the crime or crimes for which the defendant is charged, and determine if the prosecution has met its burden.
Fair Trial
If you, as jurors, stray from this path, the consequences could be severe. You must base your verdict solely on the evidence presented, not on any external factors. The weight of your responsibility cannot be overstated.
We want to impress upon you, the jurors, the crucial role you play in ensuring a fair trial for the defendant and the People of the State of California. Your responsibility is to evaluate the evidence independently, without being influenced by the judge or the attorneys. Your independence in this process is not just important, it's respected and trusted.
There are situations where they may be tempted to research a case to look up information and verify what happened on that date, but to do so would be inappropriate.
So, jurors in a criminal case in LA will be instructed not to look at anything. Still, the evidence presented, and, of course, listening to the arguments of the attorneys, which are not evidence. Still, they certainly can argue the evidence and what the evidence means in a criminal trial, and then in the end, the jurors will get together, go back in a room, choose a foreperson, sit down, talk about the case, and make a decision whether a person is innocent or guilty of the crime.
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