How to get out of jury duty, even when you don't want to
I actually like jury duty. And I consider it a point of honor to be an impartial juror. That said this time the case was scheduled to last 2 months and I had to schedule a neurologist appointment, so maybe my judgment was clouded.
But all I did was tell the truth.
The lawyer for the prosecution asked if anyone would (and we were interpreting that as "could") have difficulty with the government's case just because it was the government. I didn't - honest - but…
I had given my occupation as "retired" and admitted that I "somewhat agreed" prosecutors had to be watched carefully, but here I was being asked a direct question. So I admitted:
"I was a taxi driver for 30 years, so I've spent a considerable amount of time in traffic courts. (pause for laughter) I've seen or been involved in roughly 200 trials, and I actually saw a traffic cop tell the truth once, but that was an accident. For example I had a traffic cop testify that Potrero Hill was 'undeveloped, flat land with a quarter mile of completely unobstructed line of sight'. I have had police make it perfectly clear to me that they will say literally anything to get a conviction." At this I was asked if that would prevent me from judging fairly. I said, "Absolutely not, but if I were you I would consider it."
What I meant was that if I were the prosecutor and I found out that someone had my history but hadn't admitted it I would feel set up, but looking back I may have been trying to get out, which of course I did. I went home, called the clinic, and got my neurology appointment.
Just another of my entertaining jury duty stories, but this time I'm not sure I feel good about it.
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My jury duty
back in 1984 was a tale to tell. We were sequestered 24/7 for over two months.
Do I hear the sound of guillotines being constructed?
“Those who make peaceful revolution impossible will make violent revolution inevitable." ~ President John F. Kennedy
Ouch!
I've never been sequestered. I only have entertaining stories - the attorney who was so busy trying to justify the amount he wanted he forgot to explain why his client was passing a bus on the right while it was making a right turn, the defendant who bumped potential jurors who expressed sympathy with the position in favor of potential jurors who expressed hostility, and the plaintiff who was literally insane (that story would make you cry)
On to Biden since 1973
Jury Duty is Important
n/t
Just say "Cops suck"
Anyone who has ever had a negative encounter with a cop or even knows someone who had a negative encounter with a cop is automatically weeded out.
Anyone with a criminal record or has a loved one with a criminal record is eliminated.
With few exceptions every single jury has watched every episode od Law and Order, Hill Street Blues, NCSI, and Miami Vice. Usually multiple re-runs of many episodes.
If you say your favorite movie is Training Day you are out. Possibly charged with obstruction of justice for not answering a questionaire truthfully.
Juries return conviction verdicts approximately 95% of the time because the system is rigged worse than an Ohio election.
"They'll say we're disturbing the peace, but there is no peace. What really bothers them is that we are disturbing the war." Howard Zinn
They asked if anyone had been a crime victim.
I told them truthfully about being attacked and beaten 68 years ago and was excused! Actually I had sympathy for the defendants who were charged with possession of one gram of cocaine and the woman additionally charged with "felony verbal assault on an officer". I had quietly made up my mind not to make anyone a felon for swearing at a cop.
I've seen lots of changes. What doesn't change is people. Same old hairless apes.
I once got a mistrial declared
while representing a first driving while intoxicated defendant.
Raise your hand if you or anyone in your family or circle of friends has been harmed by an intoxicated driver? (80 hands went up. There were 80 prospective jurors.) Raise your hand if that incident would prejudice you in this trial of an alleged intoxicated driver? (80 hands went up.)
The judge declared a mistrial on the spot.
Interestingly, the prosecutor in that case is now the Chief Justice on the Appellate Court in my district.
A friend and colleague for 30 years.
Recently, I was in a jury panel, asked if I could consider the full range of punishment, which was 20 years, and I said absolutely not, that people who had not been inside a prison could not begin to understand what they were doing on sentencing. I was excused.
"We'll know our disinformation program is complete when everything the American public believes is false." ---- William Casey, CIA Director, 1981
The public defender for SF once said
that only about 85% of people convicted are actually guilty - in other words, about 15% are innocent.
Eddie "Racehorse" Anderson (a flamboyant defense attorney from the late 20th century) claimed that jury selection was more important than the facts.
The O.J. jury was, in my opinion, a perfect example of Anderson's point. The prosecution's case was a blatant example of "Touch Of Evil" (an Orson Wells movie - look it up, it's worth it) that though he was probably guilty, the prosecution/police misconduct was the greater crime.
Personally I have seen lawyers try to get ill informed people impaneled. I have also been personally impaneled because I was believed to be honest and perceptive.
On to Biden since 1973
Public Defenders are part of the problem
The percentage of defendants who are actually guilty may be slightly above 50%.
For a synopsis of the systemic problems with our justice system, the WAPO had an excellent summary of Judge Kozinski's Georgetown Law Review article, Criminal Law 2.0: https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/07/14/12-r...
(link to pdf file of entire article included)
"They'll say we're disturbing the peace, but there is no peace. What really bothers them is that we are disturbing the war." Howard Zinn
I need to defend public defenders.
This only applies to Texas, which employs a list and a rotation, lawyers qualify for the list, and get their proportionate share of court appointments.
I was listed for anything, but mostly court appointed for cases involving life sentences. I was required to show I had taken extra classes in criminal defense above the required hours of classes the state bar required of all lawyers, regardless of fields of practice.
I was required to go to the jail within 48 hours of appointment, visit the defendant, and attempt to reduce bond.
30, even 20 years ago, the judges tried to match up the attorney to the alleged defendant, and the crime. My "thing" was murder.
Most of the court appointed attorneys I see are average to good, once in a while, excellent. ALL OF THEM are diligent.
ALL of them are underpaid.
"We'll know our disinformation program is complete when everything the American public believes is false." ---- William Casey, CIA Director, 1981
Admitting to membership in F.I.J.A.
(Fully Informed Jury Association, the folks who want all Jurors to be informed of their inherent power to nullify charges if agreeing to them would cause injustice to be done)
..... will usually get you off, too!
"US govt/military = bad. Russian govt/military = bad. Any politician wanting power = bad. Anyone wielding power = bad." --Shahryar
"All power corrupts absolutely!" -- thanatokephaloides
I worked for a doctor who was going to testify as a witness
in a civil case. I tried to tell them that would not bias me, but they didn't buy it. Oh well.
I also got out of it once when my cat died the night before. They tried to tell me I had to come in, but when I exclaimed, "I can't leave a dead body in my house all day!" they finally excused me to take care of business.
Please check out Pet Vet Help, consider joining us to help pets, and follow me @ElenaCarlena on Twitter! Thank you.
Another quick way
is to tell them that you believe in jury nullification.
All unjust laws should be challenged.
Regardless of the path in life I chose, I realize it's always forward, never straight.
Roll for initiative
I was in the pool for a DUI (driving under the influence) trial, and the attorneys were going through their routine questions. When they asked about my hobbies, I mentioned playing music, watching movies and TV, and role-playing games.
The judge asked, "You mean like Dungeons and Dragons?" "Yes, and similar kinds of games," I replied.
Both attorneys immediately rose to excuse me.
I never thought of that
I've been a player since 1975.
I guess that both lawyers were looking for ignorant, impressionable rubes.
On to Biden since 1973
My jury was asked about Occupy Wall Street
I was preparing to object to the relevance of the prosecutor's question about Occupy Wall Street during voir dire when the judge jumped in and started grilling the juror with a follow up about Occupy. I was so stunned I missed my chance to object.
Not a big mis-step because I got the chance to object to the judge grilling two jurors about whether their Christian beliefs would interfere with their ability to find me guilty.
My case is on appeal. Unfortunately, my appointed appellate defense attorney is just as bad as the Public Defender who compelled me to file a farreta waiver. Public Defenders are frequently a bigger enemy than the prosecutor or the judge.
"They'll say we're disturbing the peace, but there is no peace. What really bothers them is that we are disturbing the war." Howard Zinn
Hey Kitsap Charles!
I think I know who you are. Long time since we were both caregivers. Nice avatar.
Hey! my dear friends or soon-to-be's, JtC could use the donations to keep this site functioning for those of us who can still see the life preserver or flotsam in the water.
I was on a GJ
and most cases were DUI. Every cop statement was rote. I mean their eyes glaze over to remember the same drunk behavior. "Glassy eyes, smell of alcohol". Really? I learned a lot.
Hey! my dear friends or soon-to-be's, JtC could use the donations to keep this site functioning for those of us who can still see the life preserver or flotsam in the water.
No ne can sit in a traffic court
and leave with faith in the justice system.
On to Biden since 1973
My Experience
I have been thrown off more jury panels by both sides than I have served on. I've not always had a clue why, although in one murder case I was questioned how I felt about whether police lie. My answer was that "they are people, aren't they?"
In another case, it was clear that the defense was looking for people who couldn't think clearly. It was a capital case, broken up into three parts. The criminal trial was waiting on our decision as to whether or not a clearly drugged thug was mentally capable of standing trial. If found guilty by the criminal trial, a third panel would decide -partly on the evidence of our trial- whether execution would happen. This guy was never getting out of prison for previous convictions, so I questioned why they were fighting so hard for this loser, using more courtroom-like language. SEE YA!
I've been involved with several civil trials, and in every case, clear lying was conducted by the side which at the beginning looked to lose the case and a lot of money. Sometimes they got away with it.
It's an ugly system for Justice, and the jurors are treated as badly as the accused in too many instances. Until there is a better way, I will respond to the summons. Someone has to do it.
Vowing To Oppose Everything Trump Attempts.