View Full Version : Jury Duty (US)
Rusty Shackleford
26th September 2011, 22:09
So, I just got a jury summons. Is there any legal way i can get out of it besides hardship? Should I just go? anyone have any experience as a juror?
xub3rn00dlex
27th September 2011, 02:55
So, I just got a jury summons. Is there any legal way i can get out of it besides hardship? Should I just go? anyone have any experience as a juror?
My buddy managed to get out because his uncle is a cop, so he told them he had no way of making an unbiased decision lol.
citizen of industry
27th September 2011, 03:32
They have to interview you first, right? (Or is that only for high profile cases?) You could just say something crazy during the interview.
Welshy
27th September 2011, 03:39
So, I just got a jury summons. Is there any legal way i can get out of it besides hardship? Should I just go? anyone have any experience as a juror?
I got called for jury duty this summer and all I did was sit in this big room with everyone. After 3hrs of waiting the dismissed half of us because people settled outside of court or plead guilty and I was one the people dismiss. So if you don't get dismissed I would just try to get out of it because of hardship (if you work that is).
CornetJoyce
27th September 2011, 04:15
Yeah, why would a "revolutionary" have wanted to be on Troy Davis's jury?
citizen of industry
27th September 2011, 04:22
From Wikihow. Seems reasonable enough.
While it is your civic duty to attend jury duty, there are some secrets to getting out of the obligation. Generally, citizens are randomly selected to perform jury duty. However, If you just don't show up to jury duty then you could just be jailed for about 2 years, because you are selected for jury duty does not mean that you will actually sit on a jury. If you follow these simple steps you very well may get out of even showing up for jury duty. If you still have to go however, you will certainly limit your duty to one day—no attorney or judge will allow you to sit on a jury they are involved with. Ads by Google (http://www.google.com/url?ct=abg&q=https://www.google.com/adsense/support/bin/request.py%3Fcontact%3Dabg_afc%26url%3Dhttp://www.wikihow.com/Get-Out-of-Jury-Duty%26hl%3Den%26client%3Dca-pub-9543332082073187%26adU%3DLaw.JustAnswer.com%26adT% 3DAsk%2Ba%2BLawyer%2BOnline%2BNow%26gl%3DJP&usg=AFQjCNEou0-2uAHMKqOJEsuFITaCwej_MQ)
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Edit (http://www.wikihow.com/index.php?title=Get-Out-of-Jury-Duty&action=edit§ion=1) Steps
1
In many states, it is possible to demonstrate that you are unable to serve on a jury for financial reasons. Proof of employment and/or wages, in addition to comprehensive financial statements and the previous year's taxes should all be brought to court with you on the first day you report to jury duty. If you can persuade the judge that it is unfeasible for you to miss work, you will have lost only one day of your time. Lying here would be inadvisable. Ads by Google (http://www.google.com/url?ct=abg&q=https://www.google.com/adsense/support/bin/request.py%3Fcontact%3Dabg_afc%26url%3Dhttp://www.wikihow.com/Get-Out-of-Jury-Duty%26hl%3Den%26client%3Dca-pub-9543332082073187%26adU%3DEducationDegreeSource.com/Free_Info%26adT%3DCriminal%2BInvestigator%2BMS%26g l%3DJP&usg=AFQjCNFaD0FpjB7JriQFKqS5MGrBIu1k0w)
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2
Request a change of date. Nearly all federal, state and local jury selection processes are computerized. Your name comes up on a list and a notice of jury duty is automatically sent to your registered address. When you receive your notice, mark on the jury form that you need special accommodations and that you cannot make the requested attendance date. Make sure to note that you are quite sick, going out of town, studying for the bar, or planning on joining the military. Any accepted excuse will likely set your next jury summons back at least a year. If you have children, don’t be afraid to use that card.
You can also get a very small change of date for an insignificant reason and without proof. Call the court number that came on your jury summons to ask for a change of date. The trick is to ask to move the date forward, not back, so that you serve your jury duty sooner than originally scheduled. This doesn't guarantee that you'll get out of it, but it does increase your chances. The reason is the jury lists for closer dates have already been made, so when your date is moved, you are put on the end of the list, and are unlikely to be called in to serve jury duty at all.
If you can get a change of date, ask for December. In December, there is a far greater chance that most trials will be delayed or moved, and you may never actually get called in, while at the same time you are still fulfilling your civic duty.
If you are a student and your state doesn't excuse students (e.g. CA), you can request your service schedule to coincide with your next break (winter, spring, summer). The call center can still authorize this even if you have gone beyond the 1 year postponement limit; they will say that it will be your final postponement.
3
Use a risky loophole if you're in California. The following point constitutes fraud if you are caught and could result in possible 20 days in jail: In California, trials often last 10 - 20 days. In the voir dire (evaluation of potential candidates for a jury on a specific trial), the judge will ask if anyone has any significant reason not to serve on a trial (which can last for weeks in CA). Most excuses will not be accepted, but some, such as medical excuses, will get you dismissed. One tack to try: Explain to the judge that you have a pressing, pressing commitment in the next week or two, and that you would be happy to re-schedule your jury service two weeks hence because of this very pressing work or personal commitment. Most judges will agree to let you come back and repeat jury service in two weeks, even if your commitment doesn't rise to the level needed for him to just let you go scott-free. However (and here's the catch), by state law you will have served your jury service already, merely by having appeared for a day, even without being selected for trial. When you return to the jury room, instead of getting your jury service rescheduled they will hand you piece of paper certifying you have completed it. Voila!
But the above may be just someone's guess, because there does not appear to be any way in the California jury selection system to arrange such a two week deferral. I went through the process in August 2011 and the summons system is far too big and mechanized to allow the judge to make deals like this.
4
Attend jury duty if you don’t come up with an acceptable excuse. Again, don’t be afraid to make phone calls, write letters, and personally ask the clerk of court for a waiver of appearance — it will often be granted. However, if you can’t get out of the initial appearance it is generally the law that you MUST attend. Don’t worry, though. Just because you attend “jury duty" does not mean that you will actually end up on a jury.
Remember that a finding in favor of the plaintiff in civil trials requires a preponderance of the evidence, whereas a conviction in a criminal case demands that the prosecution prove its case beyond a reasonable doubt--a much more stringent standard. Make sure that you go into jury duty acting as though you know everything before even hearing the case. The more stubborn you can appear, the better.
A more respectable alternative to the above "play stupid" tactics is to "play smart." Many attorneys want jurors whom they can persuade one way or the other. Try to demonstrate education, intelligence, and logical reasoning. In many jurisdictions, lawyers, judges, and police officers are categorically barred from jury duty because they are too informed on the subject. (In California this applies only to the latter.) Similarly, doctors are almost always excused from malpractice cases, bankers from embezzlement cases, etc. It is not, however, unheard-of for a sitting judge to be seated as a juror.
Some specific things that typically get you rejected in a criminal case, which will probably come up during the questioning. Remember it is illegal and for many people immoral to use these if you don't really believe it. However, there is virtually no chance of being caught in a lie. Note that on all of these, you will be asked if you could just set aside these beliefs knowing that you're required to. It won't make much difference if you admit that you can.
I don't understand the concept of proof beyond a reasonable doubt. It's too fuzzy; how much doubt is reasonable? Am I supposed to be 99% certain? 99.99? I don't think I could convict someone of a crime unless there is no doubt whatsoever that he did it.
I know that the great majority of people arrested for crimes did them. And the prosecutor wouldn't file charges unless he was very sure. So at this stage of the process, the defendant is probably guilty. (But I understand I'm supposed to pretend he is innocent until the trial is over -- I'm just saying).
Police officers are better witnesses than the average person. They are trained to observe, they have a lot of experience with crime and giving testimony, and they are held to a high moral standard to be hired and kept as police officers.
I don't see how I can judge a case if I don't hear from the accused. If he can't even look me in the eye and tell me he didn't do it, that looks pretty guilty to me. (Defendants usually don't testify on their own behalf, because jury psychology is such that the defendant usually sounds guilty when he does. Also, it gives the prosecution a chance it wouldn't otherwise have to question him).
I am not a confrontational person. Despite my best efforts to be assertive, I find that when I am in the minority I usually cave in to the majority. (And of course, when the judge says, "nobody's asking you to be stubborn, but if you saw the majority was ignoring some piece of evidence, ...", you respond, "I suppose you're right."
I was a victim of a crime. They never caught the guy. I'm angry about that. The system doesn't work.
My friend/family member is a police officer/prosecutor/defense attorney. We talk about a lot of his cases. That guy sure is opinionated.
The defendant is about the same age as my son. My son has been in a little trouble himself.
5
Mention the right of a jury to "veto." If actually selected to be on a jury, you are likely to be asked to swear to find a verdict solely on the basis of the facts presented in court. Decline to swear this on the grounds that the jury has a right to find a verdict as they see fit. This right is called "jury nullification." In short, it allows a jury to return a verdict of "innocent" when the accused is clearly guilty, because the jury disagrees with the law that was broken. You probably want to read up on this before your jury duty. This is a right held by the juror and affirmed by the Supreme Court, but one that both prosecutors and judges usually deeply loathe, if they even acknowledge its existence. You will almost certainly be excused from the jury for holding unacceptable views, but if not, you will be better prepared for the experience from your research.
Judges who say to jurors that, "you will be required to follow and apply this law regardless of whether it seems just or not", might be asked if they would exercise this rule against Harriet Tubman (1820-1913), who violated the federal Fugitive Slave Laws by participating in the Underground Railroad for escaped slaves, or against Rosa Parks (b.1913), who was arrested in 1955 for violating the segregation laws in Montgomery, Alabama, by refusing to move to the back of the bus when the bus driver told her to give up her seat to a white passenger. If a judge bites the bullet and says that, yes, he would have to instruct juries to convict these women because "the law is the law", he might be told that such blind obedience was not accepted as a defense during the War Crimes Tribunal at Nuremberg, when many Nazis claimed that they were just "following orders." A judge who participates in injustices because he is "following orders" might be similarly called to account.
The late Justice William C. Goodloe (1919-1997) of the Washington State Supreme Court, an advocate of jury nullification, suggested that the following instruction be given by judges to all juries in criminal cases: "You are instructed that this being a criminal case you are the exclusive judges of the evidence, the credibility of the witnesses and the weight to be given to their testimony, and you have a right also to determine the law in the case. The court does not intend to express any opinion concerning the weight of the evidence, but it is the duty of the court to advise you as to the law, and it is your duty to consider the instructions of the court; yet in your decision upon the merits of the case you have a right to determine for yourselves the law as well as the facts by which your verdict shall be governed."
Some cases that involve this are State of Georgia v. Brailsford, 3 U.S. 1, 4 (1794); U.S. v. Moylan, 417 F.2d 1002 (4th Cir.1969); United States v. Dougherty, 473 F.2d 1113,; United States v. Wilson, 629 F.2d 439, 443 (6th Cir.1980); US v. Krzyske, 836 F. 2d 1013 - Court of Appeals, 6th Circuit 1988, and U.S. v. Thomas No. 95-1337 (2nd Cir. 5-20-97). If selected it might be a good idea to look them up so you can refer to them.
6
For Grand Jury duty point out that you are familiar with the adage “A good prosecutor could get a grand jury to indict a ham sandwich.” Point out you do not approve of what amounts to a rubber stamp for the prosecutor and support the position of the Commission to Reform the Federal Grand Jury to reform the process.
7
If you are a student point this out. In most cases, missed work can be made up, but not missed lessons/lectures. Some states even allow online class to count.
8
As a last ditch effort try the George Carlin technique: George Carlin offered the best suggestion: Tell the judge you'll make a great juror, as you can spot guilty people just by looking at them.
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Edit (http://www.wikihow.com/index.php?title=Get-Out-of-Jury-Duty&action=edit§ion=2) Tips
In New Jersey, they present you with a list of excuses on the back of the jury questionnaire but when you use one of the excuses, they deny your request. It seems that they will only excuse you if you have a letter from your employer stating that your time will not be paid if you attend jury duty.
At almost any cost, try to avoid being seated on a grand jury. Duty on a grand jury means that you will be hearing assistant district attorneys asking for indictments on a number of cases over an extended period of time. Grand jury duty is both long and tedious.
Always follow the law when dealing with the judicial system, but cop a serious attitude at the same time. You need to present yourself as unstable and stubborn to avoid any and all jury duty.
If you don’t want to be a poor sport, consider sitting on a jury as an educational and learning experience. The worst part about jury duty is waiting to be selected and going through the process of voir dire (where attorneys question potential jurors).
In some states or counties, members of volunteer organizations (fire and EMS, especially) are automatically excused from jury duty since they are already doing their civic duty. A letter from your captain stating that you are an active member and have been so for XXX amount of time is accepted everywhere. It usually won't work by joining such a place, then quitting after you get your letter, since some places will call and nullify your letter, if you even get one at all since you haven't been there for a while. This is more of a tip for people that are already volunteers in good standing.
Edit (http://www.wikihow.com/index.php?title=Get-Out-of-Jury-Duty&action=edit§ion=3) Warnings
Never ignore a call for jury duty. Failure to attend jury duty can result in fines, suspension of a driver’s license, or in some cases, criminal charges (i.e. spending 24 hours in jail.)
Red Commissar
27th September 2011, 05:05
I'm not sure how it is in California, but when I got one I literally just went to the 'waiting' room. Sat around for 30 minutes. And then they dismissed us.
Many of these cases tend to be idiotic civil disputes that don't really have any meaning. It's rare that you'll get on a criminal jury or something you might be interested in.
I'm told that does tend to happen. But if you do get into interview and you don't want to be on the case, you can just say something stupid in the questioning. Jury nullification is the easiest way to go- ex, they'll usually ask you something along the lines if you'll convict someone if the law tells you so, even if you think they shouldn't be or vice versa, something to that effect, and you just answer in a bad way. Basically this underpins the whole idea of English Common Law and they won't want you there if that's what you are doing. Point five of Sailor's post goes with that.
o well this is ok I guess
27th September 2011, 05:10
Go with step 8.
Make a real show out if it.
Corny accent and everything.
wunderbar
27th September 2011, 20:35
If you don't get picked, make sure you hold onto the slip of paper that shows you were there. I got a summons this summer and ended up waiting until I got dismissed, but got a notice two weeks later claiming I didn't show up. Luckily I kept my dismissal form and was able to quickly clear that up.
Stand Your Ground
28th September 2011, 16:37
I know if you have a convicted felon in your family you can use that as an excuse, my mom gets out of it because of my stepdad.
PC LOAD LETTER
29th September 2011, 06:02
I moved to another county and never got around to changing my license address. I told them this, they removed me from the eligible juror list, and said I wouldn't be called for jury duty in the original county again unless I moved back and re-registered everything.
But I moved in off-lease with someone and left my driver's license address as my dad's house in the original county that I was swiped off the eligible jurors list. So the new county doesn't have me listed as being a resident / on their eligible jurors list. I think I'm good for a while.
Try adapting this to your situation. Ask a friend in another district/county if you can tell them you moved over to his/her house. But don't update your license/ID.
I'm aware in most places it's based on voter registration or driver's license or state ID info, not a formal list.
Rising Sun
29th September 2011, 06:30
suck it up and just go you big diaper babies
tbasherizer
29th September 2011, 06:45
I personally would be intrigued to be on a jury. It would let me see the justice system from a unique perspective.
When they interview you, just relate every question to some absurd worldview. Watch some Alex Jones- learn his mannerisms and what he talks about and just mirror it in the interview. Maybe even kick it up a notch with some reptilian and Illuminati action. Contrived racism might also help. Tell us how it goes!
Aspiring Humanist
29th September 2011, 07:03
I've heard of people answering the questionaire like "The prophecy fortells ..."
Dzerzhinsky's Ghost
29th September 2011, 08:37
Why would you want to get out of it? You should see it as a rare chance to actually influence the courts and try to get some decent justice.
danyboy27
29th September 2011, 14:57
You should go for 2 reasons.
1.you get fucking paid+free food.
2.you could make a difference and possibly allow someone to get a lighter sentence.
If i would be selected for jury, i sure would like to go.
Rusty Shackleford
30th September 2011, 07:54
1.you get fucking paid+free food.
wrong. all food has to be purchased by the juror from vending machines and stuff. and the pay is $15 a day starting on the second day.
danyboy27
30th September 2011, 17:25
wrong. all food has to be purchased by the juror from vending machines and stuff. and the pay is $15 a day starting on the second day.
My bad, i always get mixed up between the canadian and american justice system.
ellipsis
2nd October 2011, 17:22
I just wore a Che shirt and was sent home.
Iraultzaile Ezkerreko
4th October 2011, 03:01
I suppose a shirt which says "What Would Lenin Do?" would work just as well?
CornetJoyce
4th October 2011, 03:34
Woody:
Old Judge Thayer take your shackle off of me;
Old Judge Thayer, take your shackle off of me;
Turn your key and set me free,
Old Judge Thayer take your shackle off of me.
The monkey unlocked the courthouse door,
The elephant oiled the hardwood floor;
In did jump the kangaroo,
In did hop the rabbits, too.
Next in come the two baboons,
Next in rolled a dusty storm,
Next in waddled the polar bear
To keep the judge and jury warm.
Everybody knows that the mocking bird
Wrote down every word he heard,
The lawyers all were sly
With foxy nose and a foxy eye.
The 'possum used the big stiff broom,
Then he polished the new spittoon;
Up did smile the crocodile,
Said, "Here comes the jury down the aisle."
The old lady Catfish asked the Trout,
"What is this trial all about?"
The little baby Suckerfish up and said,
"The judge has caught him a couple of Reds."
The Rattlesnake asked the Bumble Bee,
"Whose this Sacco and' Vanzetti?
"Are they the men," said Mammy Quail,
"That shot the clerks at the Slater Mill?"
The Mosquito sung out with his wings,
"I was there and saw the whole blamed thing;
I saw the robbers fire their guns,
But I didn't see these men, neither one."
The big-eyed Owl she looked around,
"They say that Sacco's cap was found
Down on Pearl Street on the ground
Where the payroll guards both got shot down."
"That cap don't fit on Sacco's head,"
A big black Crow flapped up and said,
"They tried that cap on Sacco here,
And it fell down around both his ears."
The Camel asked the old Giraffe,
"Did these two fellows duck the draft
By running down below the Mexican line
To keep from fighting on the rich man's side?"
The limber Duck did rattle his bill.
"All the ducks and Geese are flying still
Down toward Mexico's warm sun
To try to dodge the rich man's gun."
Up did waddle the Lucey Goose.
"I think these men ought to be turned loose.
But old Judge Thayer has swore to friends
These men will get the chair or noose."
And when the guilty verdict came
And seven years in jail they'd laid,
And when these two men there did die,
The animals met on the earth and sky.
"Oh see what fear and greed can do,
See how it killed these sons so true?
Us varmints has got to get together too,
Before Judge Thayer kills me and you."
Comrade J
5th October 2011, 14:49
Just go, you might get a chance to fuck up some lame prosecution of a non-crime, like drugs possession or whatever.
Danielle Ni Dhighe
5th October 2011, 23:41
I served on the jury of a civil trial once. Unless it will cause financial hardship, just go and see the legal machinery at work. There are lessons to be learned even from that.
Mythbuster
5th October 2011, 23:49
So, I just got a jury summons. Is there any legal way i can get out of it besides hardship? Should I just go? anyone have any experience as a juror?
In the words of Home Simpson, "The best way to get out of jury duty is to say that you are racist against all races."
Rusty Shackleford
6th October 2011, 05:09
In the words of Home Simpson, "The best way to get out of jury duty is to say that you are racist against all races."
isnt thet perjury? even though im not under oath?
Property Is Robbery
6th October 2011, 05:14
Just go in there and tell them you hate "insert all possible racist slurs" and that it is your racial duty to find anyone of your kind (unless he/she is a "faggot" of course) innocent and all the others guilty.
isnt thet perjury? even though im not under oath?
How would they prove you're not racist.
Rusty Shackleford
10th October 2011, 01:48
How would they prove you're not racist.
why would i want to try to prove that i was :confused::scared::crying:
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