You had one job

“You had ONE job!”

Announcing the wrong winner in Miss Universe 2015 unleashed much drama for the purpose of procrastination, but what happens when a jury makes similar mistakes in court? 

Can a jury foreperson (the person who tells the court what is the jury’s final verdict) give an opposite verdict by mistake? What if the foreperson got it wrong, but not one member of the jury says anything because they are too nervous in court? There will certainly be a miscarriage of justice if the court is misled by such falsehood.

Here are some real world examples where a jury foreperson gets it wrong, saying “guilty” when they were supposed to say “not guilty”, or vice-versa, or confusing the different charges laid against the defendant:

• (September 2015, Australia) Four men who were acquitted of murder will stand trial again because a jury foreperson answered “yes” when he should have said “no” — and cleared their names by mistake. CASE STATED ON ACQUITTAL NO 1 OF 2015; R v STAKAJ & N, H [2015] SASCFC 139 (25 September 2015)

• (1997, Australia) The law required the verdict to be unanimous. The forewoman answered in the affirmative when asked “is that the unanimous verdict of you all”. After the jury was discharged, the jury informed the Judge that the verdicts had been by majority only. The jury had mistakenly believed that unanimity was not required. Biggs v Director Public Prosecutions (1997) 17 WAR 534

• (March 1941, Australia) Jury foreman gives wrong verdict: A man was charged with committing a serious offence pleaded not guilty. After a short retirement the jury returned and the foreman said “Guilty”. When the jury was discharged the foreman reappeared and cried out “Not guilty was our verdict.” and the defendant was acquitted. <http://trove.nla.gov.au/ndp/del/article/48394111>

• (June 2014, USA) A criminal was freed because a jury filled out the wrong form at the end of his trial. <http://abc30.com/news/fresno-jurys-mistake-means-freedom-for-burglary-defendant/109100/>