Why Don’t We Let Jurors Ask Questions of Witnesses?
You are accused of a crime. Your fate is in the hands of 12 people you have never met. The jurors sit in court day after day listening to questions and answers from witnesses. They must sit silent. Jurors have “burning” questions on their mind that they want answers to. Yet, neither the prosecution nor the defense has asked the critical question that the juror needs answered.
The Result of Jurors Not Able to Ask Questions
Under our current criminal justice system in California, the jury do not get their question answered. In many cases this “lack of information” results in justice “not being done”. It also leads to “hung juries,” which results in a tremendous cost to the state taxpayers.
Jurors must believe an accused is guilty beyond a reasonable doubt. That is a high burden of proof. Jurors take their job seriously. If a juror cannot find a defendant guilty because he did not get a key question answered, then “justice is not done.” When the defense lawyer is raising a legal defense which could result in an acquittal, jurors may want to believe the defense, but because they cannot ask questions of the witnesses, a defendant may be wrongfully convicted.
States Where Jurors Are Allowed to Ask Questions
In Arizona and a few other states, they have done the logical thing. The jurors are allowed to handwrite questions which are read to witnesses. The witnesses are then allowed to respond. In the Arias case, after listening to well over a month of trial testimony, the jurors asked over 100 questions to Ms. Arias. Ms. Arias was required to answer the questions to the best of her ability.
We tell jurors they must agree to sit on the jury because it is part of their “civic duty.” In fact, being asked to sit in judgment of an accused in a criminal case is never an easy task. We need to “untie” the hands of our jurors and let them ask questions of witnesses. This would result in more accurate jury verdicts, less “mistrials” declared due to jurors not being able to reach a verdict, and justice being served.
California Criminal Defense Attorney
At Wallin & Klarich, we have been helping those accused of crimes for over 40 years. We successfully achieve positive results for our clients because we have the time to devote to their case. We will aggressively defend any person accused of a crime. With our skill and experience, we will make sure that no juror goes into the deliberation room with any questions unanswered.
If you or a loved one has been charged with a crime, you need an experienced California Criminal Defense Attorney to represent you. We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks.
Call us now at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.
