Written by: Attorney Peter Decato
Lebanon NH
It was likely in the late 1950's that Norman Rockwell painted a scene called the “Jury Room”.
This picture graced the cover of the Saturday Evening Post and it has hung in my law office for
many years. In this picture, you see a smoke filled room, with one female juror and eleven male
jurors. It is clear what is happening. The female juror is holding out and the eleven men are
furious with her. This jury likely was unable to reach a unanimous verdict and had to tell the judge “they were hung”. As a result, a mistrial had to be declared and the defendant had to be given a new trial. In early February of this year, I lived out the “Jury Room” in a recent criminal case heard in the Grafton County Superior Court.
Defendant was charged with two counts of aggravated felonious sexual assault. The jury had to decide whether Defendant was guilty of none of the counts, both of the counts or one of the counts. When the jury returned, it found Defendant was not guilty of forcible rape. They reached this verdict quickly and decisively. But, the jury didn’t fare as well with the remaining count - the count alleging that Defendant had sexual intercourse with someone whose consent was not freely given. They hung by a vote of 11-1. This vote caused a mistrial.
On April 22, 2011, Defendant was found not guilty in 45 minutes of the second charge. Lest you miss what happened here: because a single juror held out in February, two months later, Defendant was able to have a second trial where Defendant was quickly and decisively found not guilty. When Norman Rockwell painted the “Jury Room,” I wonder if he knew that he was painting a portrait showing the majesty of American Justice.
In this country, we are entitled to be judged by a panel of our peers and it is only when our peers are in unanimous agreement that we are found guilty of a crime. 11 votes doesn’t cut it - only 12 does the trick. The Defendant very happy to have this civics lesson and so was I!
Lebanon NH
It was likely in the late 1950's that Norman Rockwell painted a scene called the “Jury Room”.
This picture graced the cover of the Saturday Evening Post and it has hung in my law office for
many years. In this picture, you see a smoke filled room, with one female juror and eleven male
jurors. It is clear what is happening. The female juror is holding out and the eleven men are
furious with her. This jury likely was unable to reach a unanimous verdict and had to tell the judge “they were hung”. As a result, a mistrial had to be declared and the defendant had to be given a new trial. In early February of this year, I lived out the “Jury Room” in a recent criminal case heard in the Grafton County Superior Court.
Defendant was charged with two counts of aggravated felonious sexual assault. The jury had to decide whether Defendant was guilty of none of the counts, both of the counts or one of the counts. When the jury returned, it found Defendant was not guilty of forcible rape. They reached this verdict quickly and decisively. But, the jury didn’t fare as well with the remaining count - the count alleging that Defendant had sexual intercourse with someone whose consent was not freely given. They hung by a vote of 11-1. This vote caused a mistrial.
On April 22, 2011, Defendant was found not guilty in 45 minutes of the second charge. Lest you miss what happened here: because a single juror held out in February, two months later, Defendant was able to have a second trial where Defendant was quickly and decisively found not guilty. When Norman Rockwell painted the “Jury Room,” I wonder if he knew that he was painting a portrait showing the majesty of American Justice.
In this country, we are entitled to be judged by a panel of our peers and it is only when our peers are in unanimous agreement that we are found guilty of a crime. 11 votes doesn’t cut it - only 12 does the trick. The Defendant very happy to have this civics lesson and so was I!
Posts
No comments:
Post a Comment