Yee Haw - Jury Duty

[robertc1024]

I get to go to Jury Duty on Monday. Not sure how bad it could be. The TX 428'th District Court deals with felony criminal cases, juvies, divorce, title and election cases. The last time I got JD, it was in a federal district court in San Antonio - which would be a lot, lot worse. Fortunately, it got suspended because I already had a business trip to Germany. The last time I was on a jury, there was some dude partying too hard and annoying his neighbors. It was a no-brainer, we made him pay a few hundred bucks (many neigbors, cops, friends etc. said he was doing it) and hopefully he learned his lesson.

A lot of people though, have really, really hard personal responses to sitting on something like this. My wife's uncle was on a death penalty case and it bothered him for years. She's got other friends who doubted the decisions they made to convict people also. I'm pretty anal about things and aloof. Any advice?

The only good things is that the judge is a guy I went to church with for many years and I've got a great opinion of him, his fairness, and his opinions. I also get full wages from my company for serving. The bad thing is I might not be selected because I know him. We will see.

 

[Mic]

Good luck. Ive always wanted to sit a trial. Got selected once, but didnt need me.

 

[steve-o]

I did JD a couple of years ago, I was the only guy with 6 women. I guess it was small claims court. There was an accident between a car and a motorcycle. She said she didn't see him because he was speeding, he said she ran a stop sign. She was suing hime for damages, and he was counter suing for the same. There was no evidence, just two versions of a story. We go back to deliberate after being given very specific instructions by the judge, proof beyond a reasonable doubt, blah blah blah. I asked if we should vote for foreman, and they all just said they wanted me to do it, ok. So I said lets go around they table and see where everyone's at with a preliminary vote. Four of the Five women voted in favor of the woman in the car, with very similar reasons, basically that she seemed more honest. The Fifth woman was on board with me, neither of them get a dime, because there was no evidence to prove either guilty beyond a reasonable doubt. It took us 45 minutes to explain this process to the other four, and I actually got the bailiff to get the judge to come in and explain "the rules" again. Finally we got a unanimous decision for neither party to we awarded.
I'm glad I was there, because the 4 on the jury that didn't understand would have held majority vote on what they were making a popularity contest. It actually scared the crap out of me, because how many times are there not a person like me on a jury, to keep emotions, biase, misunderstanding the process, from really screwing someone over.

 

[steve-o]

Oh, and after the fact, the Judge came and thanked me profusely for having her come in and clarify our job as a jury. She said that the majority of these do turn out to be unfair popularity contests.

I just hope that more serious criminal trials go through a more thorough jury selection process. This had me thinking for a long time what would happen if I ever had to use my gun to defend myself/family, end up in trial, and have biased or ignorant jury. Needless to say, I don't have much faith in the legal process.

 

[txinvestigator]

I did JD a couple of years ago, I was the only guy with 6 women. I guess it was small claims court. There was an accident between a car and a motorcycle. She said she didn't see him because he was speeding, he said she ran a stop sign. She was suing hime for damages, and he was counter suing for the same. There was no evidence, just two versions of a story. We go back to deliberate after being given very specific instructions by the judge, proof beyond a reasonable doubt, blah blah blah. I asked if we should vote for foreman, and they all just said they wanted me to do it, ok. So I said lets go around they table and see where everyone's at with a preliminary vote. Four of the Five women voted in favor of the woman in the car, with very similar reasons, basically that she seemed more honest. The Fifth woman was on board with me, neither of them get a dime, because there was no evidence to prove either guilty beyond a reasonable doubt. It took us 45 minutes to explain this process to the other four, and I actually got the bailiff to get the judge to come in and explain "the rules" again. Finally we got a unanimous decision for neither party to we awarded.
I'm glad I was there, because the 4 on the jury that didn't understand would have held majority vote on what they were making a popularity contest. It actually scared the crap out of me, because how many times are there not a person like me on a jury, to keep emotions, biase, misunderstanding the process, from really screwing someone over.

Umm, civil courts burden of proof is a preponderance of the evidence, not proof beyond a reasonable doubt. ??????

 

[steve-o]

That's what we were told, "beyond a reasonable doubt". There was no evidence/proof of either party being guilty. No witness, no expert witness, no video, only pictures of a busted car and motorcycle, and two different stories of what happened. There was only evidence that a traffic accident occurred, none pointing to who was at fault.

 

[AcidFlashGordon]

I haven't been "tagged" for a while but the last time I was dismissed from the jury pool. During jury selection, the judge asked if anyone had any objections. I commented that I thought ALL lawyers were lying sacks of shit and scam artists.


Needless to say, BOTH attorneys in the case asked for my dismissal.

 

[robertc1024]

I don't want to get dismissed. Honestly, I'd prefer somebody like me on a jury for some trial I was on. I'm an engineer and must look at the facts every day when we have problems. I know I could say something on the lines of "Get that guilty bastard in here and let's get it over with" but I don't feel that way at all.

Interesting comment txinvestigator - I've never heard that before. Thank you for the input. I'll be listening to the judge's comments closely.

 

[Charlie]

I think a lot of people on jurys don't really have a clear idea as to what they are supposed to do. I know they are told by the judges and attorneys, but as we all know, you can't (as a juror) just "not consider" (read: think about) something after it's been brought out. People are humans, not machines. I was on a grand jury once and it took several sessions before all of the jurors understood it was not the grand jury's job to determine guilt or innocence.

 

[Charlie]

Also, as a potential juror, take a book to read while you're waiting around for all the attorneys, judges, and other participants to stop scratchin' each others' backs!

 

[itchin]

I get to go to Jury Duty on Monday. Not sure how bad it could be. The TX 428'th District Court deals with felony criminal cases, juvies, divorce, title and election cases. The last time I got JD, it was in a federal district court in San Antonio - which would be a lot, lot worse. Fortunately, it got suspended because I already had a business trip to Germany. The last time I was on a jury, there was some dude partying too hard and annoying his neighbors. It was a no-brainer, we made him pay a few hundred bucks (many neigbors, cops, friends etc. said he was doing it) and hopefully he learned his lesson.

A lot of people though, have really, really hard personal responses to sitting on something like this. My wife's uncle was on a death penalty case and it bothered him for years. She's got other friends who doubted the decisions they made to convict people also. I'm pretty anal about things and aloof. Any advice?

The only good things is that the judge is a guy I went to church with for many years and I've got a great opinion of him, his fairness, and his opinions. I also get full wages from my company for serving. The bad thing is I might not be selected because I know him. We will see.

Yep probably a conflict of interest. If there is a conviction the defense could file an appeal. I have never been called for jd. Fine with me.

 

[Leper]

I like jury duty. It seems when I am on one, I am the only person with any intelligence in the group. I hope if I am ever in court that someone takes the duty as seriously as I do. Keep in mind that when you are on a jury, the twelve of you are the judges in the case. It is your duty to judge the law and the evidence. No matter what they try to tell you, if you determine the law is unjust, it is your job to find a not guilty verdict. So if anything comes up having to do with laws passed in 1934, or 1986, you can deem them unconstitutional and invalid. You know what I am talking about.

 

[matefrio]

I see Jury duty as a civic duty and obligation. I want a jury of my piers if I were ever to face one. Seems unlikely though as most folks bug out on the obligation.

 

[scap99]

I, too, enjoy it. Was picked to be in a jury and was elected foreman at the last summons. Had an enjoyable experience, and kept a bs suit from rewarding a shyster.

 

[Acera]

I was on a murder trial a couple of years ago. You will never forget it, or what it does to the people in the jury room with you. As with all things, different people handle it differently. Be aware of that.

You got to strive to do the best job you can (the accused deserves that), follow you conscience and don't let others talk you into or out of something you feel strongly about. I think if you do that, you will be ok.

Good Luck, and let us know how it goes once you are done.

 

[scap99]

One of my favorite movies is 12 angry men. ( black and white version )

Should be prerequisite material to be on a jury.

 

[wakal]

Ask the judge about "jury nullification" and see how long you stay in the pool


Alex

 

[AcidFlashGordon]

Ask the judge about "jury nullification" and see how long you stay in the pool


Alex

Another "truism." Judges, lawyers and court officials do NOT like to hear questions about this.

Jury Nullification: History, questions and answers about nullification, links

jury nullification legal definition of jury nullification. jury nullification synonyms by the Free Online Law Dictionary.

 

[benenglish]

Ask the judge about "jury nullification" and see how long you stay in the pool

Interesting. I know it's a truism that any discussion of jury nullification is avoided by everyone in the system. However, I have seen the opposite.

During my last call, during voire dire, we learned that the charge was aggravated sexual assault of a child, aggravated meaning the victim was under 14 in this case. The prosecutor said that no matter what facts were presented or testimory we heard, no one under 14 could consent to sex. Period. Since the accused looked like just a kid, she knew what possibilities were going through our minds.

A middle school teacher on the panel asked a question about that. Like all middle school teachers, she knew quite well that tweenagers give (ethically, logically, just not legally) informed consent to each other to have sex every day. She pointed that out. The prosecutor shut down her question.

Then, another middle school teacher on the panel repeated the question. "If you don't think 12-year-olds willingly have sex every day, I've got some news for you" was part of her question. While the defense just sat there and smiled, the prosecutor nearly exploded. She went off on a foot-stomping rant about how these questions were completely out of line.

Then, the *prosecutor* actually proceeded to give us a lecture on the evils of jury nullification. She's the one who brought it up. She's the only one who mentioned it. And she made no legal arguments or simple cites but just referred to jury nullification using every pejorative label she could think up.

I was dumbfounded. I had never before seen a prosecutor actually introduce a discussion of jury nullification in court. Has anybody else ever seen that happen?

 

[kyletxria1911a1]

One of my favorite movies is 12 angry men. ( black and white version )

Should be prerequisite material to be on a jury.

now thats the kind of jury i want!!!
Fonda was great!!!