Polling The Jury

This story about polling the jury, reminds us just how important it can be.

The closest I ever got was after a conviction, we went through the jury, "Guilty," "Guilty," "Guilty," finally we came to a woman who had smiled at me throughout the trial.

Not only had she smiled at me through the trial, she nodded along with the things I said, and shook her head at the D.A., ever since voir dire. I have no idea why he didn't use a peremptory on her, because I thought that if there was any shot at winning that case it was her.

She just looked at me, paused, looked away, looked back at me sympathetically, looked at my client, and then, finally, at least 30 seconds later, said "guilty."

So close. Yet so far.

(link via Alaskablawg)


  1. Holy moly! That gives me shivers of excitement. Can you imagine? I've always seen polling requested but never seen a judge actually grant it. Sounds like the evidence was pretty weak in this case anyway, if the article is accurate that the only evidence is that he was in the store and left in a hurry.

  2. Funny, I always thought polling the jury meant . . . never mind.