As a member of the Judicial system and active in court trials, I dislike the jury trials and feel them to be unfair.

Let me give an example of this. I worked a case where a 15 yr old bicyclist was struck by a car and fatally injured. Testimony and evidence showed the car driver was intoxicated but driving normally, within the speed limit and the boy came out in front of him in such a close proximity to the driver that the collision could not be avoided.

Due to the driver being intoxicated, he was charged with a crime that would place him behind bars for 20+ years. I was on the stand for seven days at 7-10 hrs a day.

With instructions that I was not to mention the driver was a highly paid iron worker that had children who went to school with the deceased. I was not to mention that the deceased family was extremely poor and the driver had bought Christmas presents for the entire family just three months prior to the incident or that the driver had bought new bicycles for all the kids in that family including the one the youth was killed on. I was not to mention that the driver had a wife and four kid that would be on welfare if the man went to jail for an extended time. I was not to mention that the Sheriff's Department had been called six times in three months to the deceased for playing chicken with traffic on that bicycle. I was not to mention that the School Board had been out to visit with his family because he was holding onto the sides of the busses as he rode his bicycle to get a higher speed without pedaling. I was not to mention that the family of the deceased received $25,000 from the auto insurance of the driver.

All of these items I was not to mention was to prevent the jury from forming an opinion about the case. These were items I thought should have been told to the jury but the Judge told me I could not mention them.

What is the purpose of having a jury if they cannot hear the whole story? Give me a Bench trial where the Judge knows all the facts and the law.

I have been called for jury duty three times in my life, I've made it up to a courtroom to be picked a couple of times, but it didn't make it past that point. As the head Judge told us, and CajunLawyer reiterated, defendants will many times hold off on a plea until they see that there is everything in place and jury waiting to be selected, that will quite possibly hand down a much harsher sentence, for them to take a plea bargain. The judge told us that sometimes witnesses don't show up, evidence gets misplaced (more often than you might like to think), etc. The judge told us that we had performed our duty, just as surely as if we had actually been empaneled and that our service was very appreciated.

I have never attempted to get out of jury duty and never will, if I happen to be called again at some point in time, as others have said, you're not asked to do much in exchange for your citizenship in this great country of ours and it irritates me to see people try whatever they can think of to shirk this important aspect of living in the United States.

I've been called twice. Last time about a 100 of us sat in court while the judge explained how proud we should be to be in his court, that the system we would be participating in had been designed by him to maximize the use of his and the lawyers' valuable time. Then they herded us out to a single wide trailer that held about 20 with a feeble AC unit. We let the older folks sit in the trailer and about 80 of us stood, or sat on steps, outside in the FL summer sun. 12 were called(at least they got to go in where it was ACed) and the rest of us got to go home around 2P. No lunch either BTW.

Boy was I proud. I understand I should be happy to do my civic duty and all that stuff but reality was a whole different deal.

Bob

I have a friend who is a naturalized US citizen. She's been called four times in ten years. I'm 41 years old and have never been called. My wife has also never been called, nor has the husband of my friend. I'm starting to wonder just how random this selection system is....

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Insert short witty words here

Sorry, but I have had nothing but bad experiences with jury duty. Twice I have sat for days at end just waiting in a hot, stuffy room crammed with other jurors just to be be sent home or excused. The compensation is a joke but I guess the $.15 a mile made up for it.

I understand that those associated with the legal system believe in it's effectiveness and that is fine. I guess I am just not one of them. Oh, I spent six years serving my country in the military so, yes, I do believe in the concept of person's duty to serve.

This is just my opinion. I am not trying to lecture any one.

oldman45:

CAJ can give you specifics on LA law, but, generally, testimony must be relevant to the case. Relevance is a big deal in criminal cases and many are reversed by an appellate court when testimony about some incident not relevant is admitted.

For example, the fact that the defendant's family might suffer has nothing to do with whether the defendant did or didn't do the crime. Testimony about that might cause a jury to feel sorry for a defendant and acquit him, though they believed, beyond a reasonable doubt that he committed the crime.

So, too, might testimony that a defendant was generous and even generous towards the victim and his family. Again, nothing to do with whether he did or didn't commit the crime.

That the victim may have been reckless or careless in the past may be relevant if his conduct during the incident was similar. It depends on the facts alleged in the case.

As to the receipt of money from the insurance company, that, again, has nothing to do with whether the defendant did or didn't do the crime.

I am assuming from the facts you gave and the potential punishment that the defendant was charged with some sort of DUI Manslaughter charge. In my state, there must be causation to convict.

In the "old days" if a drunk was driving and was sitting at a red light and someone ran into the rear of his car and died-DUI Manslaughter!

About 20 years ago, our Supreme Court said that this was not acceptable. That there must be some causation-some improper driving-on the part of the defendant to convict him of DUI Manslaughter.

Don't know about LA's laws.

The issues you mention usually come up when the defendant has a bad record. Most folks think that, if he did other crimes, he probably did the one he is charged with. (Ya think?).

But, unless the crimes are what's called "Similar Fact Evidence," (in the Federal Rules and the Rules in my state) they generally are not introduced into evidence in front of the jury.

That, to me as a LEO and then a career prosecutor, was the hardest thing to understand and to deal with especially when a defendant with a horrible record sat at the table dressed in a nice suit, nice haircut, etc.

I had one case, on a Governor's Appointment over in Palm Beach County, where the defendant's wife, who claimed to have just learned she was pregnant, sat just behind the defendant and all her friends had a little "Baby Shower" for her while the trial was proceeding. They gave her diapers, little baby clothes, etc. When the Judge saw it, I thought he was gonna croak on the spot. Fortunately, the jury saw this for what it was-an attempt to garner sympathy for the defendant which had nothing to do with whether he was guilty of the crime or not.

Of course, if the defendant chooses to testify, then his prior felonies, at least the number of convictions and convictions for certain misdemeanors is fair game for me on cross examining him.

And, if the crimes he committed in the past are similar (for example, he always wore a red bandana when he committed robberies of banks) then that is the type of Similar Fact Evidence that is relevant and admissible whether he testifies or not.

Not saying the system is perfect or that it always works, but that it is simply the way the system's rules work.

Bob

Been called several times but never had to serve. My Sister however has served on Grand Jury several times. If ever the time presents I'mgonna remember bitstreams ploy to get a nice meal if ever approiate.

Well I've been called for jury duty and need to be at the court house this coming Monday---don't know for what or for who--I'm going but not really happy about it.

Been called 4 times before--never seen a trial happen--all have been plea bargained out.

Like I said--I'm going---

Steve

The man was charged with vehicular Homicide, which was only due to his being intoxicated. However his being intoxicated did not have any bearing on the accident. I even stated in open court, in front of the jury, that the accident would have taken place if the man had been sober and it was the actions of the deceased that caused the accident and hence his death.

The jury came back with a guilty verdict but it was appealed and the verdict was over turned based on my testimony.

Yes, he was and should have been charged with DUI. He was guilty of that. But under the law at the time, if a fatality took place with an intoxicated driver, that driver could be so charged with Vehicular homicide. An example is if a driver was intoxicated and struck from the rear while stopped for a traffic light where the offending driver or passenger was killed, then the intoxicated driver would have been charged with vehicular homicide.

The law has since been changed. This was back in 1985.

It has always been and still is my contention that the relationship with the deceased and his family was revelant to the facts of the case.

Don't worry-as WYO says bring your common sense with you and it will be fine.

As the brothers say "True Dat!!!!!!!!!!"

Jury nullification is one of those things that works better on TV than real life. Jurors in my experience take their duties very seriously including following the law. Those that have problems with following a particular law are weeded out during voir dire. I have heard of jury nullification, but have never seen it first hand. If we argue nullification-we will get sanctioned HARD by the trial judge-saw one lawyer get popped for the jury cost-about $4,000. for trying to argue it in spite of the judge telling him no several times. Finally granted a mistrial. Popped the lawyer for contempt ordered him to pay the cost of the jury around $4,000. and reported him to the bar association Guy was a sleezebag and eventually got disbarred cause he was caught running coke-scumbags like that are to us lawyers what the occasional scumbag (Len Davis is a good example)is to the LEO's. Gives us all a bad name-you just want them to go out to the 50 yard line and hold the targets.
Great thread BTW. Believe it or not I learn more from you guys in threads like this than you will ever know. It's always good to be scolded by the non lawyer public every so often to remind us that our ....armpit does indeed stink

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Forum consigliere

I have done jury duty several times. It has been interesting each time. I was getting paid by my job, and I'm sure that that makes a big difference. I have done it once since being retired and that was fine. I'm looking forward to next time.
My brother is a dentist, so when he has to go several people are off of work those days. The only one getting paid is the receptionist sitting in an empty office answering the phone.

I have been called a few times. The last one was a robbery/carjacking of a female UGA student who was in the wrong end of DeKalb county to get her "nails done". The twit was there to buy dope. As we get seated, I notice the poor victim's parents file into the room and motioned to the baliff. I told him I was the parent's mailman, (twit was a stepchild, different last name so I didn't realize who she was) if that made a difference.

It did. I had to explain this to the judge, who acted like it was my fault. I politely told the judge I rarely saw the girl, she was either in college or rehab for the past two years. I never got invited back.

I used to get called every other year or so; telephoned in the night before for a week to see if we had to go in. Only went in twice. Once while in college, once after becoming a law enforcement officer. Didn't get picked for a jury either time. I would call in when notified and tell them I was a deputy sheriff, figuring it was very unlikely I would get placed on a jury, but they always said that didn't matter, plan on being available.

I haven't been called even once for the last fifteen years or more. I can't figure out why, nothing that would matter has changed.

The citizen juror is one of the bulwarks of freedom, they serve as a powerful counterbalance to a state running amok.

The problem is, words like duty, honor, and integrity don't seem to mean as much these days as they used to.

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- Change it back -

They do to people who count

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Forum consigliere

As the programmer that wrote a Jury Selection System, I can explain how I did it.

1. Make a list of juror numbers of jurors that are eligible and have not served in the past 2 years. The numbers were assigned when jurors were added to the database from Driver License data and Voter Registration data.

2. I then use a random number generator that was created as a system function by Microsoft to create a random list of numbers between 1 and the number of juror numbers in the list.

3. Each number is used to pick a juror number from the list of juror numbers.

You will notice that during the selection process, no information about the juror is known or used. Only after the selection process is the juror number used to retrieve the data on the juror.

I have done statistical analysis comparing the racial breakdown of the selections and the racial breakdown from the last census. The breakdowns are very close.

I did the same analysis for sex breakdowns. Same result.

We send groups of 39 jurors from which 12 will be selected.

The ability of attorneys for defense and prosecution to strike jurors can change the random makeup of the jury.

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Corripe Cervisiam

I've only been called once in my life (almost 47). It was a girl who walked around the office dressed very provacative (we saw security photos), and then claimed sex discrimination when she did not get a promotion. She was suing for like $200 million. I agreed, the company did not document why she did not get the promo, but she did not document her side very well either.

Trial took 3 days with us deliberating for 2. It ended up I convinced the others that both parties was in the wrong, and that while she was not given a promotion, it was based on her poor work performance and bad attendance policy, not because she wouldn't sleep with the boss.

She was suing for lawyer's fees, years of lost wages. I wanted to give her nothing, but agreed the company was also at fault and they did need to be punished for bad business practices towards her (like putting out a written memo to her to wear a "low cut top when meeting with _ _ _ _ _ (a certain male client). She ended up getting $3000.00 towards her $12,000 lawyer's fees as we all agreed she did not have much proof in her side of the discrimination suit (her topless dancing at an office party did not help her either).

Afterwards, I was walking out and one of the company lawyers called me over and asked to buy my meal. I asked "Why?", and was told that several other jury members told him I was the only reason she did not win everything she wanted, and that I was the only one who seemed to be concerned about the presentation of evidence, or lack of, in the trial. One member told him I did a better job explaining why both parties were in the wrong than the lawyers did. I told him I just listened with an open mind to both sides, took 28 pages of notes, and then cross checked my notes to confirm testimony before coming to a conclusion.

He told me thanks and that he knew when he questioned me before selection that I was one person his team of lawyers just knew would help get a fair trial. I told him I was just doing my civic duty, shook his hand, and paid for my sandwich and Diet Coke, and took it to go instead of eating it there.

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Good life will not Heaven get!

They mean as much to me now as ever.

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Good life will not Heaven get!

I have been called a few time but only sat for one day to be dismissed that afternoon. I made a lot of contacts for my electrical work and got to know a few more people I had only seen around. I would be glad to serve on a jury just because life is stranger than fiction. I was supeanaded (sp) for a trail to testify that I drew blood for a DUI case. The lawyer said I probably wouldn't have to testify but just hang out. Being that the lab was paying my hourly wage to be there it was great. The defense attorney walked up to me while I was sitting in the court and asked me a few questions like did you draw his blood from the right or left arm, did I know he was legally drunk when I stuck him? I told him being 4-5 monthes before the court date I couldn't remember but what I did remember was the defendent falling out of his chair and laughing and was unable to stand up. He never called me. The funny thing was after the trail, which took no time, I could see the judge was ready drop the hammer on this guy, the defense attorney told the judge even thought this guy had previous DUI's he was eligable to have gotten his license back after 12 am the night he got his last next DUi at 2 am. Talk about getting by by the skin of your teeth! seems this guy was supposed to get his license back that day. I was amased. I also learned that lawyers don't sugar coat their word to the judges. The next case this barbie doll lawyer came in just before lunch with the next case with her client. The judge said something about lunch and that barbie doll put her bad mouth on and told the judge he was denying her client his right to a speedy trail and somemore legal latin because the courts had delayed him so many times. Judge said thank you case dismissed. I couldn't believe what I saw. The guy didn't even carry her box of papers or bag out for her. Man I should have been a lawyer. Doeboy

I have served twice once for Drunken Driving the other for wrongful discharge. I have the been named an expert witness in CO poisoning due to a death I worked and been deposed a couple of times for explosions. All part of the gas business. I have also been dismissed from a local trial and been up again this year without a call. It's all work ARAIC.

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Front sight and squeeze

The reason people duck jury duty is because they generally loose a lot of money by going.
After seeing some of the dealings of crooked judges, defense lawyer adjornments, and local politics for 32 years I don't blame them for dodging it.

Lots of occupations are statiscally more likely to result in death or disability than military service. Firefighters, emt's, and policeman aren't subject to immediate deployment to anywhere in the world for years at a time; and none that I am aware of endure the same hardships and deprivations as our troops. Last time I was at IHOP I picked up the tab for a soldier in uniform I didn't know.....

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"Give me Liberty..."

Most progressive law enforcement agencies strictly prohibit taking anything from anyone. The reason is that some of the "givers" will end up expecting something out of that officer or deputy one of these days.

I have been called for jury duty 4 or 5 times. I make it as far as the voir dire and then the defense, usually a public defender, makes a very big deal out of the fact that a law enforcement officer could not be fair and impartial and I get booted.

My older son was on a civil jury trial involving a wrongful death suit. The short version of the facts were that she was morbidly obese and ended up dying of diabetes complications. Her family sued a chocolate company for her death. The jury panel realized that she caused her own death but some of them figured that the big company had a lot of money so what difference would it make to the company which had insurance.

Sanity prevailed and her relatives were awarded no money but the lottery mentality has bothered me.

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... a little behind in my work

I've been called up 5 times, 3 times the case was been settled the day before, twice one Fed and one local the jury was filled before they got to me. I don't have any special desire to be on a jury but would not duck it feeling like several before that I wouldn't want to be tried by a bunch who were there for the measley money or by left overs after the "smart" folks were excused.
Steve