OT/Question regarding bailing on jury duty?

[DHogan]

I had jury duty once a few years ago. I asked if I could be excused, because I didn't have anyone to care for my disabled wife. I was telling the truth. The judge said "won't any of your neighbors help her ?" I just looked at him and said no sir. I guess he thought Boston was Mayberry RFD.

[Rich Klein]

The firs time I was called to a place about an hour away from where I lived, the only drawback being in the county I was in as my taxes and insurance was actually much cheaper.

Drove up Monday. was told to come back Tues Morning -- got there Tues Morning -- to hear these wonderful words, all cases have pled -- go home and enjoy your day off. I went to work both days (I was still at Beckett and really did enjoy my job)

About 18 months ago I had my 2nd Jury Summone. Drove about 1/2 hour north, was in the pool to be selected, never was asked or answered a question and was picked for the jury. We finished that day and then went to about 2 PM the next day. Called my manager, no problem with JD --- and got paid. And for those who may not realize it, the federal government looks very very unkindly on anyone who will not pay you while you are on JD. If your boss tells you no, file a complaint and see how fast the company has to pay a large fine.

My case was a drunken driving case, and yes we voted the guy guilty immediately BUT I don't think he was really drunk when he was pulled over, I think he was tired, a tad tipsy, and probably dehydrated from what he had done earlier that day. And iin retrospect, I'd rather have voted for a driving while impaired which was his real condition

[Rob D.]

I've been on only one jury: a first-degree murder trial of an 18-year-old Latino accused in the stabbing death of his father. A guilty verdict meant an automatic death sentence. The case appeared to be open-and-shut: The defendant had a weak alibi; a knife he claimed to have lost was found at the murder scene; and several witnesses either heard screaming, saw the killing or the teen fleeing the scene.

Eleven of us immediately voted guilty. Only one juror voted not guilty. We all thought we'd be out of there quickly. I think that at first the guy voted not guilty more for the sake of discussion. Guilty beyond a reasonable doubt, you know.

As deliberations unfolded, it became apparent there was quite a range of personalities in the room. A few fights nearly broke out. In the end, the guy ended up convincing all of us that a not-guilty verdict was appropriate.

It was like something out of a movie.

[slidekellyslide]

How was he able to convince you of "Not guilty" after witnesses saw him running from the scene?

[nolemmings]

Rob, I'm guessing you were Jack Klugman.

[HRBAKER]

I sat on a jury in an alleged child sexual abuse case in GA brought by an ex-wife against her former husband on behalf of a special needs child. Jury found him NG as the defense was able to conclusively show that the ex-wife had engaged in a long series of behaviors trying to ruin her ex after their divorce. That and the prosecution had a paucity on any real evidence that it ever took place.

[Mikehealer]

Originally Posted by Rob D.

I've been on only one jury: a first-degree murder trial of an 18-year-old Latino accused in the stabbing death of his father. A guilty verdict meant an automatic death sentence. The case appeared to be open-and-shut: The defendant had a weak alibi; a knife he claimed to have lost was found at the murder scene; and several witnesses either heard screaming, saw the killing or the teen fleeing the scene.

Eleven of us immediately voted guilty. Only one juror voted not guilty. We all thought we'd be out of there quickly. I think that at first the guy voted not guilty more for the sake of discussion. Guilty beyond a reasonable doubt, you know.

As deliberations unfolded, it became apparent there was quite a range of personalities in the room. A few fights nearly broke out. In the end, the guy ended up convincing all of us that a not-guilty verdict was appropriate.

It was like something out of a movie.

I bet it would make a good movie.

[Rob D.]

Originally Posted by nolemmings

Rob, I'm guessing you were Jack Klugman.

All I can tell you is that I was angry. And I wasn't alone.

[bbcard1]

Lookie what came across my desk today.

[HRBAKER]

Originally Posted by bbcard1

Lookie what came across my desk today.

"Spartacus Outlaw," now there's a name you don't see everyday.
Fitting in this case it seems.

[howard38]

.

[mets41]

A cousin of mine was called for jury duty (NJ). He didn't want to go but couldn't come up with a valid excuse. He was one of 35 people called for a criminal trial. When the opposing lawyers were question these people to decide which 12 they wanted on the jury and got to my cousin, one asked "can you decide the guilt or innocince of the accused based solely on the evidence?" he said "he wouldn't have been arrested if he didn't commit the crime. We wouldn't be having this trial if he is innocent. He must be GUILTY." The judge and lawyers looked at each other and said "sir, you're excused."

[bobw]

Usually I don't mind jury duty as I get paid for going but this happened a few years ago when I got called for jury duty. They called me and what seemed like 100 other people up to the courtroom and made us fill out about a 15 page questionnaire with questions like " Do you watch the Sopranos?", Did you watch The Godfather movies?' "Do you believe anything that goes on in those movies?"

The last question was "Do you recognize any of the names on the last two pages?" I wrote "yes" to one of the names and they never called me back.
PHEW !!!

The trial was for one of the "Big Bosses"

[batsballsbases]

Sounds like it might have been one of Jeff L's Trials!!

[Gary Dunaier]

In New York State:

There are no automatic exemptions or excuses from jury service in New York State. Everyone who is eligible must serve. You are eligible to serve as a juror in New York State if you are:
1) a United States citizen,
2) at least 18 years old, and
3) a resident of the county to which you are summoned to serve.

In addition, jurors must

4) be able to understand and communicate in the English
language, and
5) not have been convicted of a felony

In addition,

You can postpone your service once by calling 800-449-2819 at least one week before your date of service. Have your juror index number (from your summons) with you when you call. Pick a date between 2 and 6 months from the date on your summons and you will be assigned the available date closest to your choice. Any future postponement request or request for excusal from jury service must be made by calling your local commissioner of jurors office.

If you cannot serve even if granted a postponement, you may contact your local commissioner of jurors office and ask to be excused from service. The commissioner may ask you to provide documentary proof of the reasons why you need to be excused.

Also:

Must employers allow employees to serve?
Yes. An employer must allow employees time off from work to serve as jurors. An employer who discharges or penalizes an employee for serving as a juror may be prosecuted by the Office of the Attorney General and subjected to criminal penalties.

May an employer change an employee’s regularly scheduled hours of work when the employee is scheduled to serve as a juror?
Schedule changes that are designed to accommodate the employee’s obligation to serve are permitted. Schedule changes that penalize an employee may result in prosecution by the Office of the Attorney General and criminal penalties.

May an employer require an employee to take vacation or other paid leave while serving?
No. It is an illegal penalty to force an employee to charge jury duty absence against vacation, personal or sick time. However, an employee may choose paid leave over losing wages. An employer who penalizes an employee for service as a juror by forcing the juror to use paid leave may be prosecuted by the Office of the Attorney General and subjected to criminal penalties.

May an employer require an employee who serves as a juror to make up time?
No. An employer who forces an employee to work on days when the employee is not normally scheduled to work in order to make up for time lost as a result of jury service may be prosecuted by the Office of the Attorney General and subjected to criminal penalties.

Sources:

NYS Unified Court System website

NYS Unified Court System booklet, "Jury Information for Employers and Employees"

[baseballart]

There is one good reason to be a lawyer in Canada: you get automatically excused from jury duty

Max

[Griffins]

I wish those that were self employed could get excused- you used to be able to but no longer. If I get picked I have to not only give up work, but release my crew (6-9 people) and the client will give the project to someone else, possibly not coming back (think Wally Pipp).
I've got duty at a criminal court, and with 2 cops in the family and hearing what they used to do I have no doubt a DA would want me off in a heartbeat.
Adam, if you can get me out of it I'll pay for the next ppv and bring a steak for FiFi.

[almostdone]

I got called for jury duty one time and called the court administrator and explained that my business needed me the specific week I was on call. He told me they would excuse me with no issues but the next time I was called there would be absolutly no way I could get out of it. I figured I would take my chances and agreed.
About two months later I was called again (shocker) and it was the same week of my family vacation. I again called but because I had agreed previously there was no way of getting out of it. My wife and I had to scramble nd rearange all of our plans. (fortunatly we were taking my family camping so there wasn't any real money lost). The day before I was supposed to report I called and got the automated message "All those called for jury duty this week do not need to report. All cases scheduled have been settled and there is nothing left on the courts docet. Thank you for your willingnes to serve."
Now we laugh, back then... not so funny.
Drew

[Exhibitman]

Originally Posted by Griffins

I wish those that were self employed could get excused- you used to be able to but no longer. If I get picked I have to not only give up work, but release my crew (6-9 people) and the client will give the project to someone else, possibly not coming back (think Wally Pipp).
I've got duty at a criminal court, and with 2 cops in the family and hearing what they used to do I have no doubt a DA would want me off in a heartbeat.
Adam, if you can get me out of it I'll pay for the next ppv and bring a steak for FiFi.

Sorry, I will be across the street at the civil courthouse.

[David W]

In Indiana I think the names for the jury pool come from the registered voter list.

Is that true in other states? If so, since a large percentage of people never register to vote, how representative of a jury do you get?

[Deertick]

I was on one jury, a Medical Malpractice case involving death, multiple defendants, multiple complaints. Nearly FIVE DAYS of testimony. I found it odd that one attorney stopped asking questions the 2nd day, and two others virtually stopped the 4th day after being very active early on.

When it came time to charge the Jury, 18 out of 20 complaints had been settled. That left us with a complaint each against the hospital and the Dr. It was a no-brainer decision, and all we really had to do was assign percentage of blame. So (12+2 jurors)*(5*8 hrs)= 560 man-hrs to divy up a settlement amount that had already been reached. (We found this out when we recommended $1 in damages. The Judge said he was in agreement but the number had already been reached.)

We all took our duty seriously and it really turned out to be a huge waste of our time. Sorta like your wife asking you which couch you like AFTER she purchased one.

[ullmandds]

rob d...that sounds awesome!!!!!! i would love to have actually participated in a cool case on the jury...that would be interesting!!!!

[bh3443]

Hi,
I get a letter from my Dr. excusing me from jury duty due to my illness.
However, before I got sick, I was called a few times. Once, while waiting to see if I was called, a guy next to me struck up a conversation about bailing out of the court house. He planned on saying he could not be a good juror because he was racist, predjudiced against everyone. I told him that was not a good idea and ride the morning out as chances of getting called were slim because of the days docket list.
Well, the guy opened up screaming obscenities at a court officer and was hauled away by a crew of court officers. While I and the rest of the potential jurors watched a million year old film about jury duty, this guy was charged with causing a scene in the courthouse. We all left in about 2 hours while this guy was awaiting his own appearance before a judge!
So, I'd stick it out if I were you, my friend!
Oh, lol, lmk if you get to see that vintage film "Jury Duty and You",lol!
Have a pleasant day,
Bill Hedin
PS: Interesting and bizarre things seem to happen around me for some unknown reason! I would say I talk too much!

[Exhibitman]

Originally Posted by Deertick

Sorta like your wife asking you which couch you like AFTER she purchased one.

I thought that was normal wifely behavior...I stopped participating in those decisions years ago because when she asked me first and I told her my view the next sentence out of her mouth was invariably "let me tell you why you're wrong." It's not that I don't care, I just don't care to be called an idiot.

[tbob]

Originally Posted by David W

In Indiana I think the names for the jury pool come from the registered voter list.

Is that true in other states? If so, since a large percentage of people never register to vote, how representative of a jury do you get?

David- that is the way it goes in my state also. The jury panel is called based on the voter registration rolls. Thus anyone previously convicted of a felony (who never bothered to have his conviction later sealed) is automatically ineligible for jury duty. The move is on to shift from voter registration rolls to driver's license rolls but that opens up a can of worms because you can get a driver's license if convicted of a felony but you can not vote if you were convicted of any kind of felony, even if the sentence were suspended on good behavior.

[tbob]

My wife was involved in an all weekend event a while ago to register voters for the upcoming elections and was shocked at how many people, especially young people, wanted to register to vote but had felonies on their record.
I will tell you that they were successful in registering many minority individuals to vote for the first time this fall. I don't think she advised them that they were now eligible for jury duty though

[Leon]

Originally Posted by tbob

My wife was involved in an all weekend event a while ago to register voters for the upcoming elections and was shocked at how many people, especially young people, wanted to register to vote but had felonies on their record.
I will tell you that they were successful in registering many minority individuals to vote for the first time this fall. I don't think she advised them that they were now eligible for jury duty though

Felons can vote as long as they are not on any type of parole or probation any longer. Of course they can't be on jury duty unless the felony was expunged or done away with (Governor pardon etc...) otherwise. At least that is what I believe are the cases.

[D. Bergin]

Originally Posted by Exhibitman

I thought that was normal wifely behavior...I stopped participating in those decisions years ago because when she asked me first and I told her my view the next sentence out of her mouth was invariably "let me tell you why you're wrong." It's not that I don't care, I just don't care to be called an idiot.

LOL! Just this past week.

Wife: Our daughter wants a pet snake, what do you think?

Me: I think she should wait until she settles in to her college routine in September, and then see if she wants to handle ANOTHER Pet.

next day

Wife: I told our daughter she could buy a pet snake today

Me: Wonderful, I'll be sure to walk it every morning.

[bn2cardz]

Originally Posted by slidekellyslide

How was he able to convince you of "Not guilty" after witnesses saw him running from the scene?

I am sure it had something to do with the witness who saw him running from the scene may have been an older guy and the story of him getting from one area to another area didn't seem to make sense. So they assumed he had just heard the noise of someone running from the scene but never actually saw him. That is just conjecture.

[bn2cardz]

Originally Posted by vintagetoppsguy

Ok, I'll admit it. I've never served jury duty a day in my life (and I'm 41 years old). In my house, those notices get thrown away.

Think of me as you wish, but I work for a living and don't have time for that. I'm not trying to sound harsh, but let them call the people that are unemployeed and living on unemployment assistance. After all, we're giving them money, let them earn it.

I don't mean to offend anyone that's unemployeed, I've been there myself and wish that on no one. My point is that they have the time and there are plenty of folks to pool from (and they're being paid anyway).

Originally Posted by tiger8mush

If you were to put on trial for something you didn't do (lets say wrong place at the wrong time and thus wrongfully accused), would you rather have employed jurors (with a stereotype of them being educated and hard working e.g. your peers) or unemployed jurors (stereotype being they are lazy and generally less-educated) deciding your fate? Just wondering

I have never had jury duty, but I have always wanted to be summoned just to see how it all works first hand.

After reading David James thoughts I was thinking the same thing as you Rob. Then the more I thought about it I realized I wouldn't want David on my jury either.
The reason I say that is because I would rather have people there that care to be there and are willing to be "Juror 8" (Twelve Angry Men). I want someone who is willing to take the time to discuss the facts of the case.

[slidekellyslide]

Originally Posted by bn2cardz

I am sure it had something to do with the witness who saw him running from the scene may have been an older guy and the story of him getting from one area to another area didn't seem to make sense. So they assumed he had just heard the noise of someone running from the scene but never actually saw him. That is just conjecture.

In this case it had something to do with Hollywood....I just need to keep reminding myself to not respond to Rob D. Posts before considering every angle.

[tbob]

Originally Posted by Leon

Felons can vote as long as they are not on any type of parole or probation any longer. Of course they can't be on jury duty unless the felony was expunged or done away with (Governor pardon etc...) otherwise. At least that is what I believe are the cases.

Perhaps in Texas, but not Arkansas. Felons can also own handguns in Texas, but they are absolutely prohibited for owning or even possessing them in Arkansas. Not even an expungement will work in Arkansas but there has been some recent legislation designed to allow felons to possess handguns for hunting (thanks NRA, just we need felons touting semi-automatic rifles while hunting rabbits )

[Leon]

Originally Posted by tbob

Perhaps in Texas, but not Arkansas. Felons can also own handguns in Texas, but they are absolutely prohibited for owning or even possessing them in Arkansas. Not even an expungement will work in Arkansas but there has been some recent legislation designed to allow felons to possess handguns for hunting (thanks NRA, just we need felons touting semi-automatic rifles while hunting rabbits )

No, felons in TX can not own or possess hand guns (or any guns for that matter). It's a felony to do so. And yes, Felons can vote in Arkansas just as I stated they can in TX. Same rules in Arkansas as in Texas concerning voting.

[Deertick]

Originally Posted by Leon

No, felons in TX can not own or possess hand guns (or any guns for that matter). It's a felony to do so. And yes, Felons can vote in Arkansas just as I stated they can in TX. Same rules in Arkansas as in Texas concerning voting.

Felons can't vote in FL. But they sure as hell can hold jobs as State Legislators!

(well, could be a chicken-egg thing)

[Leon]

Originally Posted by Deertick

Felons can't vote in FL. But they sure as hell can hold jobs as State Legislators!

(well, could be a chicken-egg thing)

Sort of.....they can, with approval, but it's not automatic the way it used to be-

On Mar. 9, 2011 the Florida rules of Executive Clemency were toughened. Automatic restoration of civil rights and the ability to vote will no longer be granted for any offenses. All individuals convicted of any felony will now have to apply for executive clemency after a five year waiting period. Individuals who are convicted, or who have previously been convicted, of certain felonies such as murder, assault, child abuse, drug trafficking, arson, etc. are subject to a seven year waiting period and a clemency board hearing to determine whether or not the ability to vote will be restored.

Prior to the Mar. 9, 2011 rule change some individuals convicted of non-violent felonies were re-enfranchised automatically by the Clemency Board upon completion of their full sentence, including payment of fines and fees.

[FrankWakefield]

DDS....

A range of possibilities are out there for you if you bail on jury duty. From nothing happening, to jail. Now that you've posted here about it, "I forgot" will be pretty weak...

I saw a federal judge send marshals to get a lady, and after a short discussion, she went to jail for 30 days, he let her out after about 2 weeks. He was the first federal judge I ever saw on the bench. It was sobering.

At times I let jurors slide with it if their absence caused no problems. A few times I kept a juror around to attend the trial, even though they weren't on the panel. I recall doing that once when it was painfully obvious to everyone that the juror answered initial questions in a way to get stricken... I allowed the attorneys motion to strike, but explained to the panel member what I was doing and let them sit through the trial. That panel came back twice more to hear trials, that panel member gave forthright answers to the questions upon returning. I never jailed a panel member for not showing, but did send the sheriff out to find a few jurors over the years.

As a panel member, it is not your place to decide you'd not be a fair juror and you shouldn't sit for trial; it's ok to have an opinion about that, but it isn't your decision. The parties, lawyers, and judge decide that. I gotta figure when a patient sits in that dental chair it is the DDS who decides things, after entertaining the patient's opinions. A patient who wants a good tooth pulled probably won't talk a good dentist into doing that...

Personally, I think you should serve, or you should have gotten off of the panel at the beginning.

Unanimous verdict doesn't mean an 11-1 majority jams a decision down on someone... A jury isn't a committee.

[rdixon1208]

Originally Posted by Griffins

I've got jury duty the week after next, and was researching it. The site says that in LA County at least you have to prove you didn't get the summons, it is presumed that you did if it was mailed to where you normally get your mail.
I suspect other areas follow the same rules.

That's pretty silly....even for California. How could you ever prove you didn't receive something? Especially if you didn't know it was coming in the first place.

[ullmandds]

frank...thanks for your well thought out response!!!

believe me...I would have loved to be a part of a jury...the comeraderie of it would be refreshing and exciting to me! I would probably end up being the juror who kept the rest of the jury in deliberations for days!!!!!

but...just sitting around...doing nothing was a waste of time...and sucked!!!!!

[barrysloate]

In the Brooklyn courts if you don't have your name called the first day you are relieved and sent home. If you get chosen for a jury panel but they reject you, you are finished and are sent home. They used to make you sit for two weeks but it's been streamlined considerably.