Jury tampering undermines fair trials, impacting public trust and Louisiana’s justice system. Though not as common as some crimes, its effects are serious for everyone involved. This overview explains jury tampering and how Louisiana handles it through laws, investigations, and court actions.
Behavior Courts Consider Tampering
Louisiana courts identify jury tampering by looking at actions that could improperly influence a juror. Any attempt to sway a juror’s opinion outside of court evidence and arguments can be considered tampering. This covers various behaviors, from direct contact to subtle influence.
Direct or indirect communication with a juror to affect their judgment is tampering. This includes offering bribes, making threats, or giving information not presented in court. For example, providing a juror with news articles or personal opinions about the case is an improper attempt to influence them, as jurors must use only courtroom evidence and judge’s instructions.
Unauthorized surveillance of jurors or gathering their personal information for potential influence are also forms of tampering. Jurors must feel secure and free from outside pressure to make fair decisions. The attempt to improperly influence is often enough for an act to be considered tampering, even if it doesn’t succeed. The intent behind the action and its potential to disrupt the judicial process are key factors.
Louisiana Statutes and Legal Classifications
Louisiana Revised Statute 14:129 outlines the state’s approach to improper influence on jurors.1Louisiana State Legislature. RS 14:129 – Jury Tampering This law defines jury tampering as occurring when someone, intending to influence a juror in a trial or grand jury proceeding, communicates directly or indirectly with that juror.
This communication is unlawful unless it’s part of official duties or legally authorized. The law also covers situations where someone intentionally disobeys a court order about disclosing case information, if done to influence a juror. This statute sets the legal boundaries for the offense in Louisiana.
Role of Law Enforcement in Investigations
When jury tampering allegations surface in Louisiana, law enforcement agencies investigate. The specific agency leading the investigation can vary based on whether it’s a state or federal case and the resources required. The goal is to gather facts and see if a crime was committed.
Investigations can include interviewing witnesses like jurors, court staff, or attorneys. Investigators also gather evidence such as communication records or surveillance footage, following legal guidelines. For example, Louisiana Revised Statute 15:1308 allows law enforcement to seek authorization for intercepting communications if it could provide evidence of jury tampering, provided legal procedures are met.2Louisiana State Legislature. RS 15:1308 – Authorization for Interception of Wire, Electronic, or Oral Communications
Federal agencies like the FBI may get involved in complex cases, those crossing state lines, or federal trials. State and local law enforcement, such as the Louisiana State Police or local sheriff’s offices, handle cases prosecuted under state law. The main goal is an impartial investigation to find out what happened, who was involved, and how the influence was attempted. This evidence then goes to the prosecutor.
Building a Case: Prosecutor’s Approach
Once law enforcement finishes its investigation, the case goes to the prosecuting attorney’s office. The prosecutor reviews the evidence to decide if criminal charges are warranted. They assess if the facts and relevant laws support charging someone with a reasonable chance of conviction.
A prosecutor must show that a prohibited communication or action occurred and that it was done with the specific intent to improperly influence a juror. Proving intent often means looking at the defendant’s words, actions, and the situation, as direct admissions are uncommon. For example, evidence of a secret meeting with a juror combined with statements pushing for a certain verdict would strongly suggest intent.
To build a case, the prosecutor uses various types of evidence. This includes direct evidence, like testimony from the juror who was approached or other witnesses. Documents or electronic evidence, such as emails or legally recorded calls, can show the communication. Circumstantial evidence, like unexplained payments between someone linked to the case and a juror, or behavior patterns suggesting influence, can also be used.
Deciding to formally charge someone is a major step. The prosecutor looks at all the evidence, its strength, and reliability. Louisiana’s standards require a reasonable belief that a crime occurred and that there’s enough admissible evidence for a conviction. If so, and if prosecution is in the interest of justice, the prosecutor will file a bill of information or, for serious offenses, seek a grand jury indictment, following Louisiana Code of Criminal Procedure.3Louisiana State Legislature. C.Cr.P. Art. 462 – Form of Indictment
Courtroom Procedures in Tampering Cases
Jury tampering cases in Louisiana follow set legal steps, from the first court appearance to a verdict and possible sentencing. These steps are governed by state law to protect the defendant’s rights and allow the state to present its case.
The process begins with an arraignment. Here, the defendant is formally told of the jury tampering charges and their right to a lawyer. The defendant then enters a plea. A “not guilty” plea leads to trial. The Louisiana Code of Criminal Procedure details this process, including reading the indictment and recording the plea.4Louisiana State Legislature. C.Cr.P. Art. 551 – Arraignment of Defendant
After a “not guilty” plea, the pre-trial phase includes discovery, where both sides exchange evidence. Pre-trial motions can be filed to deal with issues like suppressing illegally obtained evidence or challenging the charges. The state’s Code of Criminal Procedure guides these motions, and evidence admissibility, like recordings, is determined by rules such as those for authentication.5Louisiana State Legislature. C.E. Art. 901 – Requirement of Authentication or Identification
If the case goes to trial, jury selection (voir dire) takes place. Lawyers and the judge question potential jurors to ensure impartiality. Once the jury is selected, the trial starts. The order of a trial in Louisiana, detailed in the Louisiana Code of Criminal Procedure, includes:
- Opening statements
- Presentation of evidence by both sides
- Closing arguments
- The judge’s instructions
- Jury deliberation
6Louisiana State Legislature. C.Cr.P. Art. 765 – Normal Order of Trial
During the trial, witnesses testify under oath, and evidence is introduced based on the Louisiana Code of Evidence. These rules cover different types of evidence, including expert testimony and the admissibility of videotaped statements or summaries of extensive records.7Louisiana State Legislature. C.E. Art. 1006 – Summaries
After all evidence and closing arguments, the judge instructs the jury on the law, including what the state must prove for jury tampering beyond a reasonable doubt. The jury then deliberates to reach a verdict. If the defendant is found guilty, the case proceeds to sentencing.