The Michigan Court of Appeals has ordered a new trial for a defendant convicted of criminal sexual conduct because the jury seated to hear the case was never sworn in by the judge.
The error was not caught by the judge, the prosecution, the defense, or trial court staff. The two-to-one decision by a three-judge panel held that failing to administer the oath was a “structural error” that requires the verdict to be vacated.
In a dissenting opinion, Judge Christopher Murray noted, even without the oath, the jury instructions include a reminder that they have a sworn duty.
“Even though the oath had not been provided, making this statement gave notice to the jury that its task was to provide a true and just verdict based on the evidence and law,” he wrote.
The defense attorney, Jonathan Simon, said having the jury take an oath is more than a formality.
“It impresses upon them that it is a solemn task that they have to take seriously and without the oath I think you’re taking away some of the formality and the impression of the importance of their function,” he told Michigan Public Radio. “And I think that the court got it right.”
The jury oath is also required by a state law. But there is no specific remedy required in the statute when the oath is not administered.
Special Assistant Wayne County Prosecutor Timothy Baughman, who argued the appeal for the prosecution, said the error should not vacate the conviction in an otherwise fair trial. He also noted, the mistake should have been raised during the trial. He said the ruling opens the door to abuse in future cases.
“So what it comes down to is the Court of Appeals saying this is automatically reversible even if there’s not an objection and that’s our problem because the defense could just say, ok, fine. I knew it happened. I won’t speak out and I’m going to win,” he said.
Baughman said the prosecution will ask the appeals court for reconsideration on a number of issues. The case could eventually go to the Michigan Supreme Court.
