sequestration of a jury

[angel25425]

I am reading a docket from 1973. It says "Jury trial---75 jurors present. Motions offered out of the presence of prospective jurors. Motions for dismiss for denial of right to speedy trial. Motion denied. Motion to suppress. Held open. Request for continuance. Motion denied. MOTION FOR SEQUESTRATION. MOTION GRANTED. Order for appeal to Court of Special Appeals of Maryland from the order of this court of Oct. 30, 1973, denying defendant's motion to dismiss for denial of right to speedy trial. JURY EXCUSED BEFORE OPEN STATEMENTS." The transcript was then given to the court of special appeals. The speedy trial issue was later denied.
I put the important lines in caps. My question is this. The transcript has been destroyed because of its age, so I cannot go back to check to see if the jurists were picked from the 75. Can a jury be sequestered if it has not already been picked and sworn in? This is very important because it was not until a year later that the trial began, with a whole new set of jurists sworn in. This would be double jeopardy. I really need to find this out somehow.

 

[moburkes]

Why do you think that having a new jury is double jeopardy?

 

[angel25425]

There was a decision in 1978 of a similar case. It stated it was a federal rule that jeopardy attaches in a jury trial when the jury is empaneled and sworn is an integral part of the fifth amendment guarantee and is applicable to the states by the14th amendment. It is a rule that reflects and protects the defendant's interest in retaining a chosen jury.

 

[moburkes]

Thanks, angel. I went to look it up, but got sidetracked. I don't have an answer to your question (obviously), I just didn't understand where it came from.

 

[garrula lingua]

The notations don't reflect that the jury was sworn in.
Surely, they would have noted voir dire, selection of the jury and alternates, THEN the jury would be sworn in and jeopardy would attach, then opening statements.

The notes really aren't complete enough to say definitely that the jury wasn't sworn, but it is VERY unlikely the court would swear in the jury, then set jury trial one year later.

What was the reason for the delay of the trial ? Some cases can result in a mistrial which would allow retrial of the defendant without double jeopardy.

 

[angel25425]

What does "voir dire" mean?

 

[garrula lingua]

Voir dire is the questioning of the potential jurors by the attorneys and the Judge, prior to selection of the actual jury from the group of 35 to 50 people called to jury duty.

The attys get to ask jurors questions, to ascertain if the juror can be impartial. The potential jurors may be dismissed 'for cause' or by use of approx 10 rights each atty has to dismiss a potential juror who the atty feels will not be 'most inclined' toward his argument.

Only after voir dire, and after both attys use up their objections, and a jury panel is agreed upon, is the jury sworn (and at that point, jeopardy attaches).
But, in your research, realize that mistrials and hung juries occur, & the defendant may be retried - everything starts again.