Miscellaneous

Juror Gridlock

By Anne Skove, Esq.

Like beltway gridlock on a Friday afternoon, juror gridlock can stop a trial cold.

Today there are two major examples of juror gridlock.

The first is the deadlocked type. These make up the panel who could not reach a unanimous verdict when deliberating in the Brian Nichols case. Nichols will therefore be sentenced to life tomorrow morning. See Brian Nichols Avoids Death Penalty, Steve Visser, Jeffry Scott, Rhonda Cook, and Moni Basu, Atlanta Journal-Constitution (December 12, 2008).

It seems like common sense, but does the 9-3 split illustrate the "advocate" problem? This dynamic exists when two strong-willed people are determined to take the sides of the many (9) or the few (3). Some people (who!?) are just born advocates and can't let go of an argument. (Seriously, stop looking at us like that!) The result (quit it already!) is gridlock. See 2 Jurors Likely Dominating Debate, Expert Says, David Simpson, Atlanta Journal-Constitution (December 11, 2008).

Full disclosure: the Atlanta courthouse shootings made quite an impression on us back in our NCSC days. It was a Friday afternoon, and few of our colleagues were in the office. The phones started ringing off the hook with court security questions.

One caller had a different question: what's going on? He was a reporter for the Atlanta Journal-Constitution. From the midst of the chaos, he was not clear on the details. All he knew was that he was on his way to his office, walking along the sidewalk, when there was a scuffle. A man who had been hurt ran past. IIRC, this was the man whose car was highjacked by Nichols after the shootings.

Thanks to a Web-savvy co-worker, we quickly posted news, contacts, and other information up on the organization's website.

At NCSC, we became close to our constituents, though we rarely met them face-to-face. Whenever a courthouse became a scene of violence, we worried for our people in the field -- co-workers (who often made on-site visits) and constituents alike. Staying on top of this unfolding drama was taxing, but well worth the trouble.

* * *

The other type of juror gridlock comes from would-be jurors in Austria. Recall the horrific Fritzl case, in which a man locked his daughter in an underground bunker and abused her for over two decades.

The world watched the details unfold, but prospective jurors are less willing. Every prospective member has cited family commitments as a reason they cannot commit. Apparently, nobody wants to sit through what will be one of the ugliest trials of the century -- incest, rape, kidnapping, and murder.

See Josef Fritzl's Trial Delayed Because Officials Can Not Find Willing Jurors, Telegraph (December 5, 2008).

Full post as published by court-o-rama.org on December 12, 2008 (boomark / email).