Can a prosecuting attorney know an accuser and some of the jurors on a case over that they are prosecuting?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a prosecuting attorney know an accuser and some of the jurors on a case over that they are prosecuting?
The accuser went to school with the prosecuting attorney and some of the jurors.
Asked on June 5, 2017 under Criminal Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The accuser knowing the prosecutor is irrelevant: they are on the same "side" so there is no conflict and no impairment of fairness.
The prosecutor or accuser knowing jurors personally, however, could lead to bias: juries are supposed to have no connection to any of the participants, so that their decision is based solely on the facts of the case. If the prosecutor or the accuser knows jurors, that *could* represent a denial of due process (that is, of judicial fairness) and grounds to appeal an adverse verdict (though the complaint about the situation should be raised promptly "on the record" with the judge before trial or at most as trial starts: sometimes appellage courts will not hear appeals unless the objection or issue was raised at trial in a timely manner).
Whether thereis actually bias depends on the strength and nature of the connection. For example, just having gone to school with somone is almost certainly not enough: we have all gone to school with people whom we may recognize, but have no relationship with, and where knowing them "at a distance" does not impact our judgment or fairness. But having been teammates on a school sport, been in the same club, having been friends, etc. could show a close-enough relationship as to cause, or at least strongly suggest, impermissible bias.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.