Posts Tagged ‘Jury Misconduct’
New Orleans Criminal Defense Attorney
Elizabeth B Carpenter Law — Serving Orleans, Jefferson, St. Tammany, St. Charles, St. James, St. John, Assumption, Plaquemines, Terrebonne and Tangipahoa Parishes!
Jury Misconduct — 14:130
Jury misconduct is committed when:
Any petit or grand juror shall make any promise or agreement to give a verdict or finding for or against any party.
Any petit juror shall intentionally permit any person to influence him, or attempt to influence him, in respect to his verdict in any cause pending, or about to be brought before him, otherwise than in the regular course of proceedings upon the trial of such cause.
Any petit juror shall either use or consume any beverage of low or high alcoholic content during the time he is in actual service as juror.
Any petit juror accepts or offers to accept anything of apparent present or prospective value, before he is discharged from his services as a juror, even if the thing of value is not to be received, delivered, or come to fruition until after discharge from jury service, for his interpretation, impression, analysis or narrative, verbal or written, regarding any element of the criminal trial or jury deliberations.
*** Whoever commits the crime of jury misconduct, shall be fined not more than $500.00 hundred dollars, or imprisoned for not more than 6 months, or both.
Jury Tampering — 14:129
Jury tampering is any verbal or written communication or attempted communication, whether direct or indirect, made to any juror in a civil or criminal cause, including both grand and petit jurors, for the purpose of influencing the juror in respect to his verdict or indictment in any cause pending or about to be brought before him, otherwise than in the regular course of proceedings upon the trial or other determination of such cause. To constitute the offense of jury tampering, the influencing or attempt to influence the juror must be either:
(1) For a corrupt or fraudulent purpose, or
(2) By violence or force, by threats whether direct or indirect.
**Whoever commits the crime of jury tampering in a civil case shall be fined not more than $5000.00 dollars, or imprisoned, with or without hard labor, for not more than 5 years, or both.
**Whoever commits the crime of jury tampering in a criminal case shall be punished as follows:
1) If the offense charged in the trial for which the jury has been impaneled is punishable by death or life imprisonment, the offender shall be imprisoned at hard labor for not more than 99 years.
2) In all other cases the offender shall be fined or imprisoned, or both, to the same extent and in the same manner as for the offense charged in the trial for which the jury has been impaneled.
If you are being investigated or charged with a crime by law enforcement, contact Elizabeth B Carpenter, Esq. to schedule a consultation.