KandyKane
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- Mar 8, 2013
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BBM
In an ideal world maybe. In reality, they've all formed opinions already about guilt. They may not be fully formed opinions, but you'd have to be a robot not to have a feeling one way or the other at this point.
I'm not saying #5 was justified in whatever she did and we don't even know if forming an opinion was why she was dismissed.
But on that note....if you were a juror and you formed an opinion before deliberations, would you turn yourself in?
It's obvious that #5 was not justified in whatever happened because she was dismissed. Seeing as the defense's motion regarding whatever happened concerning #5 had to do with bias against the defense then it's a safe bet to assume that her dismissal was because whatever happened DID show bias against the defense.
I agree that people are human and are naturally going to have opinions one way or another throughout the trial, BUT they STILL have to keep an open mind and not make any pro or con decisions based on any of their opinions pro or con and remain indecisive until both sides are done. And yes, any juror that feels they aren't going to change their pro or con bias until that time SHOULD turn themselves in and have themselves dismissed. Any juror in any case that at some point in a trial before both sides are finished has already decided on guilt or innocense is unfit to serve. ALL jurors are expected to keep an open mind throughout the WHOLE trial. That is their JOB as a juror. Jurors are also expected to keep their mouths shut about anything about the trial and not express any opinions either pro or con about anything during the trial to anyone including other jurors. Apparently, #5 was unable to do that, it was noted, complained about to the judge, and was found to be misconduct, thus her dismissal.
Neither Jodi nor the defense got rid of #5 on a whim or any personal reasons. The judge would not have dismissed her had she not done something found to be misconduct. The JUDGE made the decision to dismiss her because of whatever it was she did that was considered to be misconduct. Neither side has any power to get rid of any juror for no legitimate reason.
I'm not going to feel sorry for any juror or believe they got screwed somehow by the defense when it was the JUDGE that made the decision that #5 committed some sort of misconduct and deserved to be dismissed.
FAR better that the judge dismissed her than a guilty verdict gets reversed on appeal because the judge DIDN'T dismiss her.