If, while you are serving on a jury, you know that an expert is lying because you have knowledge beyond that of an ordinary person in regard to that expert’s area of expertise, you are not permitted to advise the other jurors that you disagree with the expert testimony because your knowledge stands in contradiction what was testified. For you to do so would be for you to offer testimony, and since that testimony would be offered in the absence of the parties, both parties would have been denied the right to examine a witness (you), which results in a miscarriage of justice.
What you are supposed to do in a situation like this is to write a note to the judge telling the judge that you have personal knowledge of the matter about which a witness has testified and that, to the best of your knowledge, the witness’s testimony was false or mistaken, and then discreetly ask the bailiff to give the note to the judge. The judge will read the note and discuss its content with the attorneys. You will likely be summoned to the judge’s chambers to answer questions from the judge and the attorneys regarding what you said in your note, after which you will likely be dismissed from the jury (hopefully with the court’s thanks). It’ll be up to the judge to decide whether to continue the trial with an alternate juror in your place, or to declare a mistrial; as a juror, that’s not your concern.
If, however, you think the witness is lying because he looks like a shifty bastard who, if he told you the sky was blue, you’d expect to look outside and see it be green, then you’re absolutely free to share those impressions with your fellow jurors. You’re supposed to form impressions as to how much, or how little, you trust the testimony offered by the various witnesses, and to share those impressions with your fellow jurors during deliberations.
Read other answers by Kelly Martin on Quora:
- How can I become a member of a jury?
- Why are police officers who have been involved with shooting, prosecuted before a grand jury that needs to return an indictment before going to trial? Are they treated differently than normal citizens under the law? If so, why?
- Was Ferguson prosecutor Bob McCulloch guilty of prosecutorial misconduct or unethical behavior in the way he presented evidence before the grand jury? If so, can the results be legally dismissed or voided?
from Quora http://ift.tt/2lrdlVm
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