Why Falconers Slip-Up Was Forgivable But shouldn Falconer have known not to talk to Rocha at all?
The answer is yes, but that doesn’t mean that by talking to Rocha, Falconer willfully thwarted courtroom rules and proved himself an unfit juror. To the contrary, a juror’s situation is (by nature) an awkward one, so it’s not shocking that even a well-intentioned person could make this mistake. After all, while many of us almost automatically make “small talk” with those around us, jurors cannot do so at all. The reason is that, except for what’s presented in the courtroom, they are supposed to be insulated from any trial-related evidence. And just as bringing outside knowledge into jury deliberations is forbidden, so is chatting with other participants. This creates an odd contrast for jurors. For while they are generally treated with elaborate courtesy by judges, bailiffs, and lawyers once they are in the courtroom (though the cattle call for jury selection, of course, is another matter), they are, in turn required to be rude during trial – forbidden from even acknowledge the other t
