The foundation of a fair trial rests upon the impartiality of the jury. When external forces attempt to sway a juror’s decision-making process, the integrity of the entire justice system is threatened.
In Louisiana, this specific offense is known as jury tampering. State law provides a clear framework for what constitutes this crime, the serious penalties for those who commit it, and the procedures for addressing it.
What Constitutes Jury Tampering in Louisiana
Jury tampering is defined under Louisiana law as any direct or indirect communication, or attempted communication, with a juror for the purpose of influencing their verdict or indictment. This applies to both grand jurors, who decide whether to bring an indictment, and petit jurors, who serve on civil or criminal trial juries. For the law to apply, an individual must be a juror who has been formally impaneled and sworn in for a trial. The statute does not extend to prospective jurors who are part of the jury pool but have not yet been selected. The attempt to influence must be for a corrupt or fraudulent purpose, or involve violence, force, or threats.
The scope of prohibited actions is broad. It includes offering a juror money or something of value in exchange for a specific verdict, which constitutes bribery. Threatening a juror or their family with physical harm to coerce a decision is another clear violation. The offense also covers more subtle actions, such as providing a juror with outside information about the case that has not been presented in court or engaging in persistent, unauthorized contact to sway their opinion.
Anyone can be accused of jury tampering, not just individuals directly involved in the case like the plaintiff, defendant, or their attorneys. A friend or family member of a defendant, a passionate observer, or even a fellow juror attempting to improperly influence another can be charged with this crime. The defining element is the intent to improperly interfere with a juror’s duty to render an impartial decision based only on the evidence presented during the trial.
Penalties for Committing Jury Tampering
The penalties for a jury tampering conviction in Louisiana vary based on the case the jury was overseeing. For civil cases, an individual found guilty of jury tampering faces a fine of up to $5,000 and imprisonment, with or without hard labor, for up to five years. These penalties can be imposed individually or combined, depending on the judge’s discretion and the specifics of the offense.
In a criminal trial, the penalties are more severe. If the case for which the jury was impaneled involved a crime punishable by death or life imprisonment, a conviction for jury tampering can result in imprisonment at hard labor for up to ninety-nine years. For all other criminal cases, the penalty for jury tampering mirrors the potential punishment for the underlying offense being tried. This means an individual could face fines and jail time equivalent to what the defendant in the original trial was facing.
How Jury Tampering Affects a Trial
When jury tampering is discovered during a trial, it can have immediate and disruptive consequences for the legal proceedings. Any credible allegation of tampering can halt the process. The most common outcome is the declaration of a mistrial, which effectively ends the current trial without a verdict.1Justia. Louisiana Code of Criminal Procedure Article 775 (2024) – Mistrial; Grounds For This requires the entire, often costly and time-consuming, process of selecting a new jury to begin again.
If tampering is proven, the judge has several options to address the situation. The specific juror who was contacted may be dismissed and replaced with an alternate, if one is available.2Louisiana State Legislature. CCRP 789 – Alternate Jurors In more pervasive cases, the entire jury may be dismissed. Furthermore, any verdict reached by a tainted jury can be challenged and potentially overturned on appeal, which can invalidate the outcome of a completed trial and send the case back for a new one.
Reporting Suspected Jury Tampering
Any person who believes they have witnessed or been the target of jury tampering has a duty to report it immediately. The most direct course of action is to inform the presiding judge of the court where the trial is taking place. This can be done by contacting the court clerk or other court administrative staff, who can relay the information to the judge.
When making a report, provide as much specific information as possible. Details such as the identity of the person who made the contact, the time and place of the incident, what was said or done, and the names of any potential witnesses are valuable. Prompt reporting is important, as it allows the court to investigate the allegation and protect the integrity of the trial. Individuals may also report the conduct to law enforcement, who will coordinate with the court.