Etymology & Origins: From Latin 'sequestrare' meaning 'to place in safekeeping or set aside,' from 'sequester' (a trustee or mediator). In law, it refers to isolating jurors or setting aside property.
A judge may order sequestration sua sponte or upon motion from either party when there is substantial concern that outside influences could compromise jury impartiality. During sequestration, jurors are escorted by court officers, their phone and internet use is limited, and they are prohibited from consuming media related to the case. The court typically arranges hotel accommodations and meals. Because sequestration imposes significant hardship, judges often limit it to the deliberation phase rather than the entire trial. Notable examples include the O.J. Simpson criminal trial, where jurors were sequestered for 265 days.
Attorney: "Your Honor, given the pervasive and prejudicial media coverage, the defense moves to sequester the jury for the duration of trial." Judge: "I will grant sequestration during deliberations but not during the evidentiary phase. I will issue strong admonitory instructions instead."
Judge: "Members of the jury, beginning today you will be sequestered. Court officers will escort you to accommodations. You may not use the internet, watch television news, or discuss this case with anyone outside the jury room."
Judge: "Counsel, I am considering sequestration given the media circus outside this courthouse. Do either party object?" Prosecution: "The government supports the motion, Your Honor."
Students often confuse jury sequestration with witness sequestration (the "rule on witnesses" under FRE 615). Jury sequestration isolates jurors from external influences; witness sequestration excludes witnesses from the courtroom so they cannot tailor their testimony.
FRE 615 provides an automatic right to sequester witnesses upon any party's request, with exceptions for party representatives and essential persons. State approaches vary — some grant judicial discretion to deny sequestration requests, and states differ on exemptions for corporate representatives or victim advocates.
Sheppard v. Maxwell, 384 U.S. 333 (1966)
Held that massive prejudicial pretrial publicity denied a fair trial, and emphasized courts should use jury sequestration to insulate jurors from outside influences.
Geders v. United States, 425 U.S. 80 (1976)
Held that preventing a defendant-witness from consulting with counsel during an overnight recess violated the Sixth Amendment right to counsel.
United States v. Ell, 718 F.2d 291 (9th Cir. 1983)
Addressed consequences of violating a sequestration order, holding the trial court has discretion to fashion remedies including striking testimony or contempt sanctions.
| Jury Sequestration | Witness Sequestration (Rule 615) |
|---|---|
| Isolates jurors from outside influences during trial | Excludes witnesses from the courtroom while others testify |
| Discretionary and rarely ordered | Mandatory upon request of any party |
| Involves housing jurors in hotels with restricted media | Simply requires witnesses to wait outside the courtroom |
| Protects against media influence and public pressure | Prevents witnesses from tailoring testimony to match others |
| Extremely costly and burdensome | Minimal cost and standard procedure |
What does sequestration mean in a legal context?
Sequestration has two primary meanings: (1) the isolation of jurors from outside contact to prevent improper influence, and (2) the exclusion of witnesses from the courtroom under "the Rule" so they cannot hear other witnesses testify.
When does a court order jury sequestration?
Jury sequestration is ordered in high-profile cases where extensive media coverage could influence jurors. Sequestered jurors are housed in hotels with restricted media access. Full-trial sequestration is increasingly rare due to cost.
What is the Rule on sequestration of witnesses?
Under FRE 615, upon a party request, the court must order witnesses excluded so they cannot hear others testify. Exceptions exist for party representatives, persons essential to presentation, and persons authorized by statute.
A hung jury occurs when jurors are unable to reach the required unanimity (or statutory majority in ...
Jury nullification occurs when a jury acquits a defendant despite believing the evidence proves guil...
Voir dire questions are the inquiries posed to prospective jurors during jury selection to uncover p...
A mistrial is a trial that is terminated and declared void before a verdict is reached, due to a fun...
Apply your knowledge of this term in a realistic courtroom simulation
Start a Mock Trial