The Juror's Sacred Oath: Is There a Constitutional Right to a Properly Sworn Jury?

42 Pages Posted: 29 Aug 2016

See all articles by Kathleen Knudsen

Kathleen Knudsen

Regent University - School of Law

Date Written: June 1, 2016

Abstract

On August 12, 2012, in United States v. Turrietta the Tenth Circuit upheld a conviction by an unsworn jury under the doctrine of harmless error. By contrast, in 2007, in Spencer v. State, the Georgia Supreme Court held that a verdict by an unsworn jury was invalid, and because jeopardy never attached, the prosecution could re-prosecute a claim on which the defendant had been previously acquitted by an unsworn jury. The concept that an unsworn jury could convict but could not acquit runs fundamentally contrary to constitutional criminal procedural protections. This article argues that Federal Circuit Courts and the United States Supreme Court should rule on this issue and provide a clear precedent because district courts have denied that defendants have a constitutional right to a properly sworn jury due to the lack of clear precedential cases on this issue.

Keywords: unsworn jury, juror's oath

JEL Classification: K41; K14

Suggested Citation

Knudsen, Kathleen, The Juror's Sacred Oath: Is There a Constitutional Right to a Properly Sworn Jury? (June 1, 2016). 32 TOURO L. REV. 489, Available at SSRN: https://ssrn.com/abstract=2830866

Kathleen Knudsen (Contact Author)

Regent University - School of Law ( email )

1000 Regent University Drive
Virginia Beach, VA 23464
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
14
Abstract Views
265
PlumX Metrics