In Colorado criminal cases, specific types of juror or jury misconduct provide the foundation for bringing a motion for a new trial or filing an appeal of a criminal conviction. These issues can also serve as the legal basis for a request to seek a mistrial, which would require an entirely new jury to be selected and seated for the case. At The Martin Law Firm, our Montrose criminal defense team understands how these errors impact your rights and will address jury misconduct in Colorado.
1. Meaning
Jury misconduct occurs when a member of a Colorado jury or an outside party commits a wrongful act that involves a juror. This problem can happen because of:
- wrongful actions taken by people serving on the jury
- an individual whose actions try to influence the jury or get in the way of its purpose
During the initial selection process, Brent Martin uses his 20 years of experience to use peremptory challenges to remove potential jurors who may not be suitable for the case.
2. Types of Jury Misconduct
Misconduct by jurors involves a variety of prohibited behaviors, such as:
- talking about the facts of the case to individuals who are not on the jury
- performing their own research about the case outside of the courtroom
- refusing to take part in the deliberation process with other jurors
- improper influence stemming from a juror’s religious beliefs
- providing false information during jury questioning or on the juror’s affidavit
- making a verdict choice based on juror bias, including racism, sexism, or stereotyping
- intentionally hiding personal beliefs or life experiences that change the juror’s ability to be neutral
- jurors performing their own experiments or going to the location of an accident or crime
- intentional failure by any juror to follow the specific instructions provided by the court
Jurors must only receive information and evidence through formal court proceedings rather than through outside sources because any research performed away from the courtroom might lead to the dismissal of the juror or the entire case. Research by a juror includes:
- using a search engine to find information about a defendant or gather outside data
- using a dictionary to find legal definitions instead of using the court’s definitions
- looking through court records to find out about a defendant’s past criminal history
- talking with witnesses when they are not in the courtroom
- looking up the professional credentials of a witness
- performing experiments or trying to reenact the events of the crime
- visiting the location where a crime or accident happened
When a juror is biased against a defendant, it has a major effect on the rights of the accused because the juror makes choices based on personal feelings rather than the evidence presented at trial. Bias can include:
- racism
- stereotypes regarding certain ethnicities
- prejudice against people who practice a specific religion
- sexism
- prejudice against specific professions, such as a hatred for police officers
A person is not allowed to use their religious beliefs to influence a decision in a way that goes against justice. Every juror is required to follow the law and the instructions provided by the judge, meaning they cannot let their own religious views change their own decision-making or the choices of other people in the room. For example, if a juror brings a religious text into the jury room to argue for a specific punishment based on scripture rather than Colorado law, it creates a situation where the verdict may be overturned because the defendant did not receive the fair trial guaranteed by the Sixth Amendment.
3. What Courts Can Do
If jury misconduct is discovered, several solutions exist to protect the rights of the person facing charges. The judge has the authority to choose how to handle the situation, which may involve:
- removing the individual juror and replacing them with an alternate juror
- giving instructions to the jury to fix the problem if the issue is not severe
- removing the entire jury panel from the case
- declaring a mistrial, which leads to either a dismissal of charges or a new trial
If the violation is small and does not change the outcome of the case, the judge may give a statement meant to fix the problems caused by the minor misconduct. However, if a juror has committed a wrongful act that did not spread to the rest of the group, that person is usually replaced by an alternate. A mistrial is a much higher hurdle to clear because you must show a reasonable possibility that the misconduct changed the verdict reached by the jury.
4. What Defendants Can Do
Any person convicted of a crime in Colorado has the right to file a written motion for a new jury trial. If the court decides the motion is valid and grants it, a new trial will be scheduled. If the judge denies the request, the conviction stays in place, but you still have the option to take the case to the court of appeals. Brent Martin has represented thousands of clients in serious criminal cases since 2001 and knows that a successful appeal can lead to a new trial or a total dismissal of the charges you are facing.
If you are experiencing issues with a recent verdict or believe juror bias affected your case in Montrose, contact The Martin Law Firm at (970) 730-4354 to discuss your options for a new trial.