Read 𝑳𝒂𝒘 𝒂𝒏𝒅 𝑹𝒐𝒄𝒌𝒆𝒕𝒔: 𝑨𝒏 𝑨𝒎𝒆𝒓𝒊𝒄𝒂𝒏 𝑳𝒂𝒘𝒚𝒆𝒓 𝒊𝒏 𝒊𝒓𝒂𝒒. Or, read about a strange proffer, a secret intelligence network and more in 𝑻𝒉𝒆 𝑯𝒐𝒕𝒆𝒍 𝑨𝒓𝒃𝒆𝒛
Michael OKane

Former Miami federal criminal defense lawyer, Mexicana Airlines cargo station rep and oh yeah, Saudi Arabia.

Why Don’t Jurors Get Ballots?

It occurs to me that jurors are left to their own devices when it comes to voting ballots on an indictment. Don’t think that it is merely a question of voting “guilty/not guilty” either; modern indictments contain multiple counts and multiple defendants. There is a verdict form on which the results of the balloting can be recorded, but uniform, anonymous ballots to record individual votes are not provided.

Let’s take a somewhat typical federal case involving three defendants and three counts each. That’s one hundred and eight decisions to be expressed on 54 ballots, assuming twelve jurors and a guilty/not guilty ballot for each of the three counts.

Jurors are not told how to accomplish their voting and have no special skills. With so many decisions to make, the temptation to call for a mere “show of hands” and the peer pressure that obtains, great. Balloting should be personal and anonymous.

Maybe they should be given voting machines.