Jury Duty.......
- Thread starter fairemily
- Start date
How the process works is all the prospective jurors get led into the courtroom. Then names are randomly drawn and those drawn are called up to sit in the jury box. Then the judge gives a brief synopsys of what the case is about and then each juror is interviewed (i.e. know the defendant or plaintiff or the attorneys, has personal experience, etc.). After that, the attorneys from both sides can then challenge a juror and have him/her removed from the case. Once you are challenged, your obligation to jury duty is over and you're excused. Then a replacement is randomly selected from the remaining members of the jury pool. Once all the challenges are over, then the jury is final and the rest of the jury pool is excused, or they go back to the jury pool room for a different case.
I actually would love to sit on a jury. Paid, excused leave from work.
I actually would love to sit on a jury. Paid, excused leave from work.
Juror Nullification
In a criminal case, the judge determines the applicability of the law. (I am less familiar with civil cases so I won't address those.)
The jury, however, is the finder of fact and determines guilt. (Of course, a judge can always set aside a verdict.)
What you are saying above is that you want to judge on the applicability of the law (drugs should be legal). This is called "juror nullification". It can be used for both good and bad. Basically, regardless of what the law says, under juror nullification you will find someone guilty or not based not just as to whether he violated the law, but whether the law is just.
A hypothetical example of a good use of juror nullification would be refusing to find someone guilty because they violated a Jim Crow era law.
During voir dire, you can say that you practice juror nullification. However, make sure you have done your homework and understand it cold. If you use this, make sure you believe it in your heart. Be prepared for the rest of the jury panel to be dismissed so you can be interrogated without prejudicing the other members of the panel.
If you feel strongly about juror nullification and the judge believes you are not using this as an excuse, you may indeed be let go. Both judges and lawyers generally hate the concept of juror nullification. They do not want the jury to have any sway on the fitness of the law. (I do personally believe however that the jury is the last measure of prevention against an unjust law.)
You may start your search on the topic here -> http://www.fija.org/.
But once again I warn, don’t use this lightly. Be thoroughly prepared to explain why you support juror nullification.
Finally, if you decide that you really don’t believe in juror nullification, then pass, don’t use it as an excuse.
In a criminal case, the judge determines the applicability of the law. (I am less familiar with civil cases so I won't address those.)
The jury, however, is the finder of fact and determines guilt. (Of course, a judge can always set aside a verdict.)
What you are saying above is that you want to judge on the applicability of the law (drugs should be legal). This is called "juror nullification". It can be used for both good and bad. Basically, regardless of what the law says, under juror nullification you will find someone guilty or not based not just as to whether he violated the law, but whether the law is just.
A hypothetical example of a good use of juror nullification would be refusing to find someone guilty because they violated a Jim Crow era law.
During voir dire, you can say that you practice juror nullification. However, make sure you have done your homework and understand it cold. If you use this, make sure you believe it in your heart. Be prepared for the rest of the jury panel to be dismissed so you can be interrogated without prejudicing the other members of the panel.
If you feel strongly about juror nullification and the judge believes you are not using this as an excuse, you may indeed be let go. Both judges and lawyers generally hate the concept of juror nullification. They do not want the jury to have any sway on the fitness of the law. (I do personally believe however that the jury is the last measure of prevention against an unjust law.)
You may start your search on the topic here -> http://www.fija.org/.
But once again I warn, don’t use this lightly. Be thoroughly prepared to explain why you support juror nullification.
Finally, if you decide that you really don’t believe in juror nullification, then pass, don’t use it as an excuse.
Em... my suggestion- go do the jury duty- I just finished my jury duty last week. I was there from 9am to 12:30pm and they said go to lunch, come back at 2pm. Then at 3:15pm the said ok, everyone that started today- you can go home and come back at 2pm the next day- no one could believe it... I came back and 2pm and was done by 3:15pm. Easiest jury duty I ever did...
Best thing someone told me is to bring a laptop as they have free wireless so at least you won't be bored there....
I should note- that if you do end up getting picked just say that you have a conflict or problem serving as a juror and may not be able to be fair in the deliberation
Best thing someone told me is to bring a laptop as they have free wireless so at least you won't be bored there....
I should note- that if you do end up getting picked just say that you have a conflict or problem serving as a juror and may not be able to be fair in the deliberation
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I've served jury duty three times in Bronx County and sat on three whole criminal trials. I actually look forward to jury duty - it's like a free paid vacation, the hours are good, and it's interesting to watch all the bullshit that goes on during a trial.
Over the years I've spoken to both defense and prosecution lawyers and court clerks to find out why I always get chosen. Here's some of the stuff I've learned:
You can't get out of jury duty - you can do stuff so you won't get selected for a trial, but there's no real getting out of showing up for two days (unless you're a primary caretaker, and they make you jump through hoops to prove it).
Responsible-looking people get chosen - if you show up with a book, a newspaper, or something else to occupy your time the lawyers see you as someone who knows why they're there and is ready to do their civic duty. Those people are more likely to pay attention and make responsible choices, whether they want to be there or not.
It doesn't matter how you dress - I've served with guys who show up in ripped jeans & hockey jerseys. They don't care what you look like.
The "I'm married to a cop" line doesn't work - they don't care who you know, who your brother is, etc. They only care if you're going to be fair or not, so you've got to really sound like you're partial.
Pre-judging the defendant is a better approach for not getting selected - "c'mon judge, he kinda looks like a thug, the kind of guy you'd see on a corner <insert criminal act here>..." Be cool about it, though. Blantant racism or discrimination will just piss them off, and they can make you sit around the jury room for another day or two. You still won't get selected for a trial, but if your goal is to get dismissed quickly they can prevent that from happening.
I've got a few good stories about jury duty. Remind me to tell you all about the red-hot female defendant some time...
Over the years I've spoken to both defense and prosecution lawyers and court clerks to find out why I always get chosen. Here's some of the stuff I've learned:
You can't get out of jury duty - you can do stuff so you won't get selected for a trial, but there's no real getting out of showing up for two days (unless you're a primary caretaker, and they make you jump through hoops to prove it).
Responsible-looking people get chosen - if you show up with a book, a newspaper, or something else to occupy your time the lawyers see you as someone who knows why they're there and is ready to do their civic duty. Those people are more likely to pay attention and make responsible choices, whether they want to be there or not.
It doesn't matter how you dress - I've served with guys who show up in ripped jeans & hockey jerseys. They don't care what you look like.
The "I'm married to a cop" line doesn't work - they don't care who you know, who your brother is, etc. They only care if you're going to be fair or not, so you've got to really sound like you're partial.
Pre-judging the defendant is a better approach for not getting selected - "c'mon judge, he kinda looks like a thug, the kind of guy you'd see on a corner <insert criminal act here>..." Be cool about it, though. Blantant racism or discrimination will just piss them off, and they can make you sit around the jury room for another day or two. You still won't get selected for a trial, but if your goal is to get dismissed quickly they can prevent that from happening.
I've got a few good stories about jury duty. Remind me to tell you all about the red-hot female defendant some time...
Getting off- Jury Duty
I'd take the advice of SkellyChamp and check out the website for the court regarding jury duty. But in my experience, you can really only postpone, and not get out of jury duty. In August, not many cases actually go forward until the last week or so of the month, and if you can postpone, try for 2 weeks before Christmas.
That means that you will eventually have to spend some time in court, so make sure you bring a book or something to read, because you'll spend a lot of time sitting around.
If you don't want to serve as a juror, wait until you are called and interviewed, and just tell the lawyers who question you the truth- that you can't be fair because of your strong feelings about the justice system. For a criminal case, tell them that you don't trust the police and be prepared with a story as to why, or if you think that everyone who is charged is guilty, tell them that. For a civil case, tell the attorneys who question you that you are a very sympathetic person and that you don't think that you could put your sympathy aside, and would favor the injured plaintiff, even though you would try not to. Alternatively, you could explain that there are too many phony lawsuits with exaggerated injuries, and that you couldn't find for someone who is suing.
Also, dress conservatively and don't try to be as good looking as I've seen in your pictures- some attorneys will keep you on the jury just to have someone who looks hot, to make the trial more interesting.
Above all, bring something to read, because you'll spend a lot of time sitting around with nothing to do.
Good Luck!
Woodguy
I'd take the advice of SkellyChamp and check out the website for the court regarding jury duty. But in my experience, you can really only postpone, and not get out of jury duty. In August, not many cases actually go forward until the last week or so of the month, and if you can postpone, try for 2 weeks before Christmas.
That means that you will eventually have to spend some time in court, so make sure you bring a book or something to read, because you'll spend a lot of time sitting around.
If you don't want to serve as a juror, wait until you are called and interviewed, and just tell the lawyers who question you the truth- that you can't be fair because of your strong feelings about the justice system. For a criminal case, tell them that you don't trust the police and be prepared with a story as to why, or if you think that everyone who is charged is guilty, tell them that. For a civil case, tell the attorneys who question you that you are a very sympathetic person and that you don't think that you could put your sympathy aside, and would favor the injured plaintiff, even though you would try not to. Alternatively, you could explain that there are too many phony lawsuits with exaggerated injuries, and that you couldn't find for someone who is suing.
Also, dress conservatively and don't try to be as good looking as I've seen in your pictures- some attorneys will keep you on the jury just to have someone who looks hot, to make the trial more interesting.
Above all, bring something to read, because you'll spend a lot of time sitting around with nothing to do.
Good Luck!
Woodguy
