Would agree if you have a technical argument on jury instruction. One wouldn't mind having a lawyer or two. If you have an argument the cops planted it on me, probably not.....
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The former - we dutifully followed the jury instructions on the "agency defense" in a drug buy-and-bust prosecution - see the first graph of this article, which calls it a "judicial loophole" (closed by most jurisdictions, but not NY): https://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=2538&context=lawreview …
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May be of interest that, in Canada, legislation that deems lawyers (among other occupations) as ineligible to sit on juries. See, eg, section 3 of Ontario's Juries Act http://canlii.ca/t/532f2
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For me it was less about the lawyer reaching the "correct" result than not wanting to try the case to just one juror since the lay jurors would naturally defer to the lawyer in the room and it ends up being a bench trial. With 4(!) lawyers that would be less of a concern.
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Right. And if the one lawyer happened to have an idiosyncratic view of the law, it could unduly influence the result while leaving less apellate recourse than if a judge committed an error of law in a bench trial.
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As a trial lawyer, I am disillusioned by the citizenry's ability to apply complex jury instructions to the facts presented. Think they mostly follow their "gut." Why would we expect well-meaning but legally uneducated people to understand things that are hard for attorneys?pic.twitter.com/FanKG1dKIY
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Prosecutors almost always kick lawyers, in my experience. I would assume for these reasons.
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There are certainly cases, like yours, where lawyer jurors can help the defense. And they are always useful in helping a jury understand a case. Lawyers shouldn’t just automatically be stricken by defense counsel. It really depends on your case. And the lawyer.
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I have never been selected. All those lawyers didn't want this (recovering) lawyer.
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I served almost two years on a Grand Jury. They system is weighted for almost 100% bills. Prosecutors dare not return with a 'no bill.' I saw prosecutors cut off questioning when it undermined the witness. I saw a politically engineered 'cleansing' of the Board of Elections.
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I believe I was the only lawyer/juror on my Manhattan criminal case jury last year. I found myself judging the prosecution/defense attorneys more than the defendant himself...voted to acquit on two of three charges although I suspect defendant was probably guilty on all three.
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I would be a terrible juror. I have a hard time discerning lies.
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Was this a civil or criminal case, David?
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