10 July 2007

A Juror Who Really, Really Wants a Mistrial

Most of the time when a jury tells the judge it's hung the judge gives them an Allen charge in which he looks at the jury and basically tells them that the fact it's difficult doesn't make it impossible and what makes them think they can shirk their duties off on another jury. Sometimes he just lets them have a break overnight or over lunch, hoping that inflamed passions will cool and rational discourse can begin again.

Of course, most judges don't expect one of the jurors to go off and type up a diatribe against the other jurors during the lunch break.

Not surprisingly, there was a mistrial.

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