Jury Duty Question

Art VanDelay

Art VanDelay

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Art VanDelay
Seems during the selection phase there are always these questions that both legal teams ask you to kind of feel you out and see if you'll be for them or against them.
My question is do I have to actually answer them ? How about I say something like "Your honor I would like to decline to answer that question for reasons of personal privacy, I will however be happy to serve as a juror".

I mean it's not like I'm an actual sworn witness or even part of the trial yet at that phase. Why should I be forced to tell a room full of strangers my life's story ? Worse - why should I have to sit thru theirs ?!!!
 
Being a former cop & witnessing jury selections here's my thoughts.

You should answer all questions asked. It's your duty. There are many different reasons attorneys ask strange (to you) questions.

Nobody will remember what you said once they leave the courtroom.
 
My county streamlines this by sending out a questionnaire when your name comes up to be added to the pool. Approx 2 pages. Basically, they want to know your level of education, any criminal record, and if you are related to anyone on law enforcement. There are other questions, but not too many get personal. Most of these questions would probably be asked in court anyway, so this gets all that out of the way ahead of time.
 
Try it, and let us know how it works out for you.....:lol::lol::lol:

Last time I was called in for jury selection, it seemed to me they picked jurors by skin color.
 
So long as you are respectful, you can answer pretty much any way you want. If you want to get selected, don't say too much. They don't like talkative. And vice versa. The lawyers sometimes start litigating the case DURING jury selection.
 
I only got a letter twice. Once I had already moved from the state that summoned me. In another, I got "on call" for federal court (you call in the night before and see if you're going to be needed to show up). Never had to go to the courthouse.
 
Question 1: Have you ever been a victim of a crime?

Question 2: Are you, or any of your immediately family or close family friends law enforcement officers?

Answer yes to either one, go home early and treat yourself to a nice lunch.

YMMV
 
I've had to do the "call in the night before" thing several times, and only had to go in once. That time, the person just ahead of me was the last juror selected (alternate) so the rest of us were released, and told to continue to call in each night that week. If you want to get out of it just say you've heard of the case and already formed an opinion. You're gone.
 
Defense counsel was a ne'er do well and I had been in an arbitration hearing recently, with him on the other side. My hackles were up as soon as I entered the court and saw him - and I did not think I could give the defendant a completely impartial evaluation - so I told the judge the truth, and was released.
That atty ended up in jail for theft from an elderly person whose assets he was charged with protecting. Last I saw of him, he looked like a homeless person meandering the streets, almost felt sorry for him.
Every profession has a bad apple or two. (99% of the others I've known in the law profession have been awesome people)
 
Let'sgoflying! said:
Defense counsel was a ne'er do well and I had been in an arbitration hearing recently, with him on the other side. My hackles were up as soon as I entered the court and saw him - and I did not think I could give the defendant a completely impartial evaluation - so I told the judge the truth, and was released.
That atty ended up in jail for theft from an elderly person whose assets he was charged with protecting. Last I saw of him, he looked like a homeless person meandering the streets, almost felt sorry for him.
Every profession has a bad apple or two. (99% of the others I've known in the law profession have been awesome people)
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Most of the criminal defense attorneys seem like decent dudes outside of the courtroom... Except for DUI attorneys. They're all slime balls.
 
Art VanDelay said:
Seems during the selection phase there are always these questions that both legal teams ask you to kind of feel you out and see if you'll be for them or against them.
My question is do I have to actually answer them ? How about I say something like "Your honor I would like to decline to answer that question for reasons of personal privacy, I will however be happy to serve as a juror".

I mean it's not like I'm an actual sworn witness or even part of the trial yet at that phase. Why should I be forced to tell a room full of strangers my life's story ? Worse - why should I have to sit thru theirs ?!!!
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The real answer probably depends on state law, and in some states and federal courts, the process is very limited. Generally speaking though, so long as you are telling the truth (and these guys are usually pretty good at smelling a dodge) you can answer pretty much however you want. A juror replying he or she doesn't feel comfortable answering a question is not at all unusual in my experience. Life story questions that get really personal are not that common but it can happen. And some people are more sensitive than others. being able to define answered that are too personal are sometimes included in the preliminary instructions.

The questions are there primarily to gauge attitudes not just biases. And not just yours. I was a juror in a case in which, during the selection process, the prosecutor led of certain topics by asking me. He was using me as a jumping off point to get the reactions of the others.
 
Art VanDelay said:
Seems during the selection phase there are always these questions that both legal teams ask you to kind of feel you out and see if you'll be for them or against them.
My question is do I have to actually answer them ? How about I say something like "Your honor I would like to decline to answer that question for reasons of personal privacy, I will however be happy to serve as a juror".

I mean it's not like I'm an actual sworn witness or even part of the trial yet at that phase. Why should I be forced to tell a room full of strangers my life's story ? Worse - why should I have to sit thru theirs ?!!!
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The judge would probably call you up to the bench with the lawyers and have you answer the questions there. That protects your privacy from the the other jurors and the peanut gallery. What would happen if you told them it wasn't any of their business either, who knows.
 
Last time I went thru selection the prosecution asked us (jury selectees) if we could abide and follow by a law even if we felt it was maybe a little bit wrong. I don't know what the meat of the case was but she essentially was asking us if we could rule fairly even if we thought the law on the books was stupid.

I raised my hand and emphatically said "NO". I then pointed to the sitting judge who was a Bahamian-American and said "If everyone felt and acted that way then that man would never be sitting where he is now. That man would not be able to even drink from the same water fountain as me. So NO I don't think I could go "along" with a law even if I felt it was wrong or stupid".

Not only was I dismissed from duty the ENTIRE jury panel was thrown out. I guess I was a little bit of a poisonous fruit there ! I hoped that would've put me on some kind of jury sh*tlist but I guess not.
 
I've been called twice. We have a system that lets you check-in the day before to see if you need to show up. If you don't have to, your name goes back into the pool.

First time I was called, the online message said I didn't need to report.

Second time I had to show. The judge came out and said the trial had been postponed, we had fulfilled our duty and were free to go. He also said, "This would have been an interesting case for you, too, and it probably would have taken all week." The courtroom next door was starting week 2 of a murder trial.

I did get a $5 check for my day of service, which was nice.
 
Got called twice. Once was for Grand Jury in NYC. I was in college (in Indiana) and they kept on trying to get me to show up. Eventually I just switched my driver's license to Indiana and they stopped bugging me. Grand Jury in NY is a 6 week affair, not desirable.

Got called in Pennsylvania for a rape trial. Guy looked guilty, extremely sleezy lawyer who "had the privilege of defending this fine young man." Said I couldn't judge impartially and was let off. I think they had to get a new jury. Talked to a few of the other jurors who were let off and we all felt the same way.
 
My father told me if I was ever called to jury duty to say "the police wouldn't arrest him if he wasn't guilty" and I would go home early. Of course when I said my dad was lawyer, a bar counsel and a judge I went home early anyway.
 
wilkersk said:
Question 1: Have you ever been a victim of a crime?

Question 2: Are you, or any of your immediately family or close family friends law enforcement officers?

Answer yes to either one, go home early and treat yourself to a nice lunch.

YMMV
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I thought the same thing for the longest time, Kenny! Then I got called for jury duty on a homicide in Des Moines. I was primed for the second question.... "Yes, your honor....I retired as Deputy Sheriff in Illinois to change careers, my father retired from the IL State Police, my grandfather was Chief of Police for a small town 'til he retired, and my sister is a current dispatcher with the ISP."

Defense must have been off their game that day....I was chosen. The jury elected me fore-person. Go figure!

Pretty sure I would have gotten cut the following year, tho...I was doing I/T work for the State Supreme Court.

Jim

To the OP.....concur on the sentiment to just politely answer the questions put to you....less painful.
 
I was actually disappointed to not get the chance. I was interested in seeing how the system works from the inside. When the judge released us, after telling us about the murder trial going on next door, I considered sticking around and sitting in for a bit. But it looked like they were going to take a while getting started. I think the trial started at 9am and it was about 8:15/8:30 and I didn't really want to stick around that long. It did explain all the extra deputies that were on duty. I walked across the street to get a cup of coffee, and at 8:50 it looked like the floodgates had just opened. All the local attorneys with offices next to the courthouse all headed over at the same time for their court appointments. It was pretty funny to watch that herd of suits and briefcases.

I followed that murder trial in the news. Two guys charged, separate trials, both guys saying the other guy pulled the trigger. First guy (the trial I was paying attention to) found guilty in what seemed like a pretty easy decision. Don't remember what happened to the other guy.
 
I was once on a jury that found a guy innocent of DWI... Never sat on a jury since... been rejected every time (by the DA side)
 
Ted DuPuis said:
Got called twice. Once was for Grand Jury in NYC. I was in college (in Indiana) and they kept on trying to get me to show up. Eventually I just switched my driver's license to Indiana and they stopped bugging me. Grand Jury in NY is a 6 week affair, not desirable.

Got called in Pennsylvania for a rape trial. Guy looked guilty, extremely sleezy lawyer who "had the privilege of defending this fine young man." Said I couldn't judge impartially and was let off. I think they had to get a new jury. Talked to a few of the other jurors who were let off and we all felt the same way.
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6 weeks without pay would bankrupt most people.

How does someone "look" guilty?
 
Matthew said:
I was actually disappointed to not get the chance. I was interested in seeing how the system works from the inside. When the judge released us, after telling us about the murder trial going on next door, I considered sticking around and sitting in for a bit. But it looked like they were going to take a while getting started. I think the trial started at 9am and it was about 8:15/8:30 and I didn't really want to stick around that long. It did explain all the extra deputies that were on duty. I walked across the street to get a cup of coffee, and at 8:50 it looked like the floodgates had just opened. All the local attorneys with offices next to the courthouse all headed over at the same time for their court appointments. It was pretty funny to watch that herd of suits and briefcases.

I followed that murder trial in the news. Two guys charged, separate trials, both guys saying the other guy pulled the trigger. First guy (the trial I was paying attention to) found guilty in what seemed like a pretty easy decision. Don't remember what happened to the other guy.
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When the judge asks the prospective jurors if they had any questions, you should jump up with your arm raised and shout "Ooo! Ooo! Pick me! Pick me!!"
 
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paflyer said:
6 weeks without pay would bankrupt most people.
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Yes. I don't know how NY gets away with allowing that. Of course you can also end up on a trial that goes on for an extended period of time. I would be interested to serve on a jury at some point, though.

How does someone "look" guilty?
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I'll fully admit to being biased as I have a generally unfavorable opinion of college age frat-boys when it comes to their treatment of women. More than a few female friends of mine were raped in high school or college. He fit the profile to a T. The sleezy female lawyer who looked like she was trying to make a name for herself didn't help my perception. You can certainly argue that I shouldn't have these perceptions, but the question posed to the jurors was whether or not I could judge him impartially, and the answer was no.
 
PPC1052 said:
A grand jury is a whole different thing than a trial jury.
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I'm aware of that. The way that NYS handled it was that you could get called for jury duty for either a trial jury or grand jury. If you were on grand jury, it was a 6 week affair and you couldn't be called again for 8 years. Some people preferred that, especially people who were unemployed at the time or otherwise could do it on a summer vacation during college because it got the pain out of the way. I knew that I wasn't going to live in NYS after graduation and I had to earn money, so I did not want to participate. If it were a normal trial jury for something shorter, I would've been more interested.
 
I don't do criminal work, so I may be mistaken, but I don't believe a grand jury necessarily meets every day like you would if you are on a trial jury. I think you are just on call for when you are wanted. So I would not anticipate that you are necessarily there for 6 weeks straight.
 
I got called for jury duty next month. I've lived here for 25 years and have only had to show up once. I think I've been called about 5 times. But this is a small, semi-rural county on the outskirts of a bigger city, so they don't have many trials. The one time I had to show up was for a domestic violence murder, where the husband shot the wife in front of their kids. He was claiming that because he was drunk, he wasn't responsible. The jury selection took three days and probably involved half the residents in the county. I wasn't picked because I had a high lottery number. I doubt they would have picked me anyway. Too much of a wild card. I'm not sure how long the trial was, but the jury only took a few hours to convict.
 
PPC1052 said:
I don't do criminal work, so I may be mistaken, but I don't believe a grand jury necessarily meets every day like you would if you are on a trial jury. I think you are just on call for when you are wanted. So I would not anticipate that you are necessarily there for 6 weeks straight.
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I'm sure it varies depending on location. The way I recall it being explained to me was that it was showing up every day for 6 weeks. This was in NYC, so there are many, many trails.
 
In Illinois, IIRC, the Grand Jury met for as long as necessary at the beginning of their term, then at the discretion of the State's Attorney, for the duration. I seem to recall compensation of some sort for both types of juries, but it may have been convention ('some' employers continuing pay as good will) rather than law. Means nothing in New York of course, but makes some sense.

Jim
 
I get called ('burb of Denver, CO) every few years, no big deal. In the past, it was 2 weeks - you show up in the morning, probably gone by 10 am unless you get picked for a jury. Now, one day at most, and still gone by 10 if not picked. At the end of the 2 week period, the jury clerk and the judge and the 2 attys conspired to get me on a jury, since I was always rejected. This one was speeding or something similar. Defense atty explained the kid was from Texas and going to school here, and did I have any anymosity towards Texans (I didn't mention I went to school in TX and lived in Houston for 7 years). My response was "well, we don't object to Dan Reeves (the head coach of the Broncos at the time) so why would I object to your client?".

Needless to say, I wasn't selected.
 
When the lawyers say they just want a fair and impartial jury, they are lying. They want a jury as biased in their client's favor as possible. But if you have two competent attorneys zealously but ethically representing their clients, it works out ok. That's the intent behind our adversarial system.
 
A friend of mine was a deputy sheriff and was working as a bailiff. (at that time the deputies were required to do that a few times a year) He called me and said get here quick.

The trial was a mom and 3 adult kids trying to get dad committed to a mental institution. The incentive was to take his business away and get control of the money. There was not a thing wrong with the dad, but the opposing lawyer would come up with some normal living and change them into wild outrageous behaviors. Like dad going deer hunting just so he could carry a rifle and kill innocent animals that are just trying to raise a family.

It was very scary how close they really came to getting dad committed.
 
I got called for a really nasty possible child abuse case. It turned out that the star witness was a four year old girl. During the voir dire the government lawyer asked everyone a leading question of the form 'You don't think kids lie, do you?'

I was astounded as he went around the room every potential juror answered variations of 'no, kids don't lie'.
I suppose these people never were, or had, kids. I raised 3 of the little basta ^H^H^H^H cute things and answered something along the lines of 'They will lie a lot, you have to teach them not to lie'. And at that time I didn't know he was talking about a four year old!

When the defense attorney's turn came his leading question was something like 'Would you agree it is wrong for someone to record a phone call without telling the other person?'

Again, the other jurors agreed with this silly question also. I answered 'No, I don't think it's wrong, and I'm pretty sure it's legal in Texas'.

I sat back and smugly thought to myself 'I've P.O.'d both lawyers, I'm going home!'. :)

Nope. I got picked! And it was a horrible 3 day experience. Nothing was clear cut, I hated the government lawyer because he liked to scream and wave his arms a lot, which didn't seem to me a rational way to help the jury figure out what really happened.

It was a tough, tough, call.
 
Called for jury duty twice in 36 years.

First case was one of those "Can you be impartial even if you don't agree with the law" cases: Charge was "Delivering a substance in lieu of a controlled substance," e.g., guy tried to sell fake dope to an undercover cop. Turned into a "Twelve Angry Men" case. One juror honestly felt the Government hadn't proved its case, another had a law degree and insisted the evidence was inadmissable (during selection, we were only asked if we had been admitted to the bar, and this guy apparently hadn't).

Second case was Domestic Violence; I was juror 136 in a 140-juror pool, and juror 135 was the last picked.

Ron Wanttaja
 
Here's my experience the first time I got called. I was around juror 30 or so. Defense lawyer is actually wearing suspenders and hooking his thumbs under them like some Clarence Darrow/F Lee Baily/Johnny Cochran wannabe. He asks every juror the same question, "if you were my client would you be the type of juror you would want on the jury." Everyone of them said yes. I remember thinking, I thought most people don't like jury duty but they all seem to want to be chosen. When I got up there I answered "I don't know." He can't let it go at that and throw me out. He asks "what do you mean." I say "if I was your client the only type of juror I would want up here is one that would find me not guilty. I haven't heard any of the evidence yet so I don't know. The look on his face was priceless. I swear I saw a little smirk from the judge. Yeah, I was thanked and excused.
 
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