When someone serves on a jury trial, one of the big instructions that is 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 make sure 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. A lot of times, people say you can at least say hi 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 another trying to slant things with something other than evidence that's presented on 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 gave them the same courtesy. Don't talk to them. Don't wave at them. Don't even smile at them because they want to make sure that both sides get a fair trial. .
Jurors Must Evaluate Case Based on Evidence
I can't tell you how many times in 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 being stupid and saying things that they shouldn't to a prospective juror.
Another big thing I see is that lawyers will start to have a conversation with their client or with their investigator or with somebody else, and it will be a conversation that has to do with the case, and one of the jurors might overhear that conversation. That is impermissible. That's what we don't want. We don't want the jurors evaluating things other than what's being presented on the witness stand.
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 big cautionary instruction that is given to the jurors is that they're not to do 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, to evaluate whatever evidence comes before them, to look at the elements of whatever crime or crimes the defendant is charged with and see if the People have met their burden.
Fair Trial
If you, as jurors, stray from this path, the consequences could be severe. Your duty is to base your verdict solely on the evidence presented, not on any external factors.
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 influence from the judge or the attorneys.
So, there are situations where they're going to be tempted to research a case to look things up to see what happened on that date, to see what the attorneys are saying is accurate, but that would be inappropriate.
So, jurors are going to be instructed in a criminal case in LA not to look at anything. Still, the evidence that's presented and, of course, listen 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.
Related:
