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  #1  
Old 08-03-2012, 09:24 PM
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Talking Jury Duty

There is a fine line between establishing "too disturbed or conservative for this panel" and between being taken straight to a psyche eval.

One would think that standing up in the jury selection room and randomly yelling "Jesus liked Froot Loops but Muhammed prefers Honey Comb!" definitely crosses that line, but...I left the courthouse at 11 and headed for the beach. I didn't even get to talk about guns

A day getting sunburned, sandblasted, breaking a pair of bad ugly shoes I've been looking for a reason to replace, and then riding the roller coaster and getting the awesomely bad "ride picture" photo taken with you kids....amazing.
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Old 08-03-2012, 09:34 PM
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So, How was your day?
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Old 08-03-2012, 09:40 PM
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NICE... and all I did was go to Disney World!!
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Old 08-03-2012, 09:40 PM
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I would love to be chosen for jury duty. I view it as a civic obligation. Alas, I have yet to be chosen.

Last year I was called for an Investigating Grand Jury and made it through two cuts. I had my fingers crossed but didn't make the final cut. That would have been something for my memoirs.
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Old 08-03-2012, 09:46 PM
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I have been chosen several times in my 52 years....loved serving. It's your civic duty....just like voting....don't shun it.
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Old 08-03-2012, 09:48 PM
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I was summoned for Monday and Tuesday this week. No juries seated, so everyone was excused.
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Old 08-03-2012, 10:04 PM
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I joke about it but I don't shun it, as I think is the case with most people...so please no lectures about civic duty, etc... I'd already had plans for today, since it was the last Friday of summer vacation for my oldest two.

And then, since it was felony Friday, genius goes back and forth deciding if he wants a jury trial or not and panels kept getting dismissed and formed, dismissed, new panel...a real headache!

so after an hour and a half of the defendant I was pooled for is doing this waffling...I was glad to be released and meet up where I'd already had plans to be.
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Old 08-03-2012, 10:26 PM
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Many people feel it is a waste of their time. I wonder if they would think that if they were on trial. Being judged by our peers is what makes America great.
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Old 08-03-2012, 10:31 PM
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I'd already had plans for today . . . .
Do they give you a phone call at 6 AM and say, "Come on down?" Every time that I've been summoned, I had weeks and weeks of notice.
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Old 08-03-2012, 10:34 PM
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Iv'e been called 5 or six times most of the time got a call the evening before, the case was settled out of court. twice reported to the court house but jury was filled before My number came up.
I would not enjoy serving but would not try to avoid it.
Like they say if you were on trial would you rather civic minded folks on the jury or someone who is doing it for the travel allowance.
Steve W
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Old 08-03-2012, 10:47 PM
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Default Please don't consider this a lecture...

Robert E Lee, whom I have great respect, except he put is State before his sworn duty "To preserve, protect, and defend the Constitution against all enemies, Foreign and domestic"
However, he did resign...

Lee said there was no more sublime word in the language than "Duty" "You can not do more and you should never do less."

Anyway, I always looked at it (and I have been called twice and been a foreman for all three "events'. Guess it's my distinguished contemplative good looks... ) as a "There for the Grace of God go I" and would want 12 someones in the box that would listen to the arguments, impartially weight the evidence and then do what was Right as they saw it. I tried to do that with the others and think we accomplished that goal. I left with a good feeling that Justice was served. Inconvenient ..yes, Boring.. Most of the time... and also, Incredulous in that one attorney would introduce evidence that showed beyond a "Shadow of a Doubt" that the actions of his client caused grievous bodily harm to the the other party... What was he thinking! That really made our job easier! Would go again in a heartbeat. YMMV

The last case was such a "Slam-Dunk" that we delayed our deliberations so we could enjoy lunch... Subs and chips from Quiznos... They are pretty good.
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Old 08-04-2012, 04:26 AM
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"Alot of people think they have to lie to get out of jury duty. Just tell the truth... Tell them you'll make a terrific juror because you can spot guilty people just like that (snaps fingers). Then explain to them that it has to do with how far apart the defendant's eyes are."

--George Carlin
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Old 08-04-2012, 04:38 AM
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A young man was arrested, accused of several counts of breaking & entering and burglary.
His court-appointed lawyer was explaining how the case would be handled, and explained his right to a trial by a jury of his peers.
"A jury of my peers? What does that mean?" the defendant asked.
His lawyer explained to him "Well, that means they will be people just like you. 'Peer' means 'equal'. The 12 people will be your equals. They will be people just like you."
"Forget it!" the young man yelled. "I'll be damned if I'm gonna be judged by a bunch of crooks and thieves!"
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Old 08-04-2012, 06:45 AM
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I served in May and was dismissed prior to hearing the case because the prosecuting attorney did not like the fact that I was against frivolous law suits. It was a medical mal-practice case.

Some of the people chosen for the jury were "very sketchy" IMHO, but they only want people on the jury who will help them win their case and get big $$$$$.

The idea that you're being tried by a jury of YOUR PIERS is kind of a joke!
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Old 08-04-2012, 07:20 AM
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Many are called, but few are empaneled.
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Old 08-04-2012, 07:21 AM
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Some of the people chosen for the jury were "very sketchy" IMHO, but they only want people on the jury who will help them win their case and get big $$$$$.

The idea that you're being tried by a jury of YOUR PIERS is kind of a joke!
A friend of mine who was an attorney for many years likes to say that the trial is over once the jury has been selected. That's why so much effort is spent picking the "right" jury.
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Old 08-04-2012, 07:31 AM
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I have been called several times but am always dismissed because I carry a badge.
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Old 08-04-2012, 07:38 AM
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I served on the grand jury for my county back in about '92; eight hours a day, one day a week, for two months. It was an eye-opening experience and I'm glad I was able to serve. I had no idea how much cocaine use there is around me, probably 75% of the cases were drug related. One officer explained to us that probably 75% of all crimes in our county had some connection to a single trailer park. That property has since been bulldozed and repurposed.
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Old 08-04-2012, 09:02 AM
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I had jury duty in Federal court in Denver years ago. the first day for everybody and they had to show up. it was a big room and standing room only. I suspect there was at least 300 people in the room. there was the usual no-shows and they said those people would be getting a visit from the marshalls. the other thing that if for some reason they didn't have enough jurors the marshalls would be told to pull people off the street in front of the federal court house. I wonder how some tourists would feel that are there sightseeing tour of Denver all of a sudden being jurors while on vacation. I don't think they are going to be very happy campers.

I got picked the last week for a civil trial. the trial lasted 4 days and I think we were in the courtroom maybe half of the time while the lawyers argued over motions and evidence. a reminder that if you decide to sue somebody in civil court remember the words "prejudgement of interest". this trial wouldn't have happened if those words would have been included in the first trial. this trial was to decide who was to pay the interest that didn't get included in the first trial. I should add that the amount of interest was $129,000 so it wasn't exactly chump change

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Old 08-04-2012, 09:16 AM
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I had a high-school teacher tell me he got snagged for jury duty while doing a field trip to the court house.

I always depresses me some to hear people I would assume to be reasonably intelligent and level headed skirting jury duty. Its the "idiots that get stuck" with jury duty that are destroying our nation. How many million dollar settlements are the results of morons thinking "that poor guy deserves some money" and not what did the defendant do wrong? I wish it would go back to only picking registered voters for jury duty. It would keep people that have no business voting from voting and increase the average level of intelligence on the average jury.
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Old 08-04-2012, 09:30 AM
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I was called up once and got stuck in a marijuana pusher case. It was one of those, "I think I'll vote not guilty due to unreasonable doubt." The next day, "He's guilty!" Two days of deliberations and a hung jury. Defendant only Habla Espanol and made a deal with the prosecutor and got deported.

The first group was still waiting to be assigned; I pitied them - two days siting on those plastic chairs doing nothing. The second group got called on a murder case, ouch.
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Old 08-04-2012, 09:53 AM
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Please remember that there is nothing about 'a jury of your peers' in our law.
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Old 08-04-2012, 11:23 AM
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I'm in my 60's and have never been called. I agree that it is our civic duty to serve and would willingly do so. My wife was called twice and was the foreperson on both occasions. She enjoyed it both times.
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Old 08-04-2012, 11:35 AM
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AS an undergraduate, I was required to take an upper level Constitutional Law course. We spent a lot of time discussing the foundations of US law. One thing that was interesting was that the framers had "peers" in mind when discussing voting and trials. If you were rich, educated, landowner, you were to be tried by the same. The reasoning was that only your peers could understand your pressures, motives, etc. (i.e. a starving man poaches a deer to feed his family).

I was chosen once to be seated, then excused the next day. A friend (Asst DA for Los Angeles) explained why: " You are an educated scientist with an advanced degree who has been trained to look at the facts=you are a lawyer's nightmare!"
He referred to his class in Courtroom Procedure as "Drama 101" (He actually got his BA in Dramatic Arts, since he thought that would be more practical for an attorney.

Wife was excused because she answered in the affirmative about being an NRA member. The lawyer actually said: Now, dearie. We mean you personally, not your husband." She answered that she believed in the second amendment and right to carry, etc. He excused her on the spot!
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Old 08-04-2012, 11:39 AM
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Called several times but did not serve as I worked for the State and Civil Matters and we had Preponderance of the Evidence, rather than Beyond a doubt.

Maybe it was my low tone singing of Alices Resturant.


I'm sittin' here on the Group W bench 'cause you want to know if I'm moral enough to join the ...,........for military service, declaring to him "we don't like your kind" and sending his fingerprints to the FBI."

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Old 08-04-2012, 12:22 PM
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...if you want to serve on jury duty...move to a small county with a lot of shady characters as residents...guess how I know that. Between my hearing loss and the incredibly bad acoustics of our county court rooms...I am basically stone deaf when in those rooms...but they keep calling me back and excusing me. I spoke with the judge before the selection last time and I guess he thought I was scamming him...he had me stay the full two days of selection even though I saw them pull my card and toss it in the round file the first day (eye contact and lip reading...might be able to lip read those attorneys if they'd quit spinning around) If they could figure out how to get my hearing back...I'd gladly serve.

P.S...when I was excused last time I stopped to use the mens room on the way out. At the urinal next to me was a clean cut guy in a nice suit...I figured he was an attorney. A week later I read about the trial in the local weekly paper...a picture of the guy in the restroom with the caption..."local man gets life for killing wife"...

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Old 08-04-2012, 12:31 PM
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I had Jury Duty this week,1st time ever & I have lived here all My adult life,I did not mind it I feel like it was My duty to serve, took 3 days 1 for Jury selection & 2 days for Trial,My employer does pay Me while on Jury Duty so $ was not a issue.
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Old 08-04-2012, 01:36 PM
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I'm not thrilled about jury duty but never try to skirt it. I was on a jury one time. a guy was accused of doing something I can't say while watching two 19 year old girls sunbath at the river. A woman soldier was also a witness from about four feet away. In the jury room i was at the head of the table and the first vote was all instant "guilty" until they got to me. They looked at me with daggers when i hesitated but then I said, "I'm not saying I disagree with you. Actually I do. But I'd like to first here you say WHY you think he's guilty. I mean, this is a big deal to this guys life and i think it deserves a discussion". They thawed out right quick and we talked about it for a half hour then found him guilty. For a second there I felt like Aunt Bea on "The Andy Griffith Show" when she was the sole holdout in Jack Nicholson's trial.
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Old 08-04-2012, 05:31 PM
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I just write on my form that if they're guilty enough to be charged, they're guilty enough to hang. Somehow I never get picked from the jury pool...

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Old 08-04-2012, 05:34 PM
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I read once on this very board something to the effect that the prosecution and defense teams just want to win, the judge just wants to get to the next case, and the jury are the only ones truly interested in justice.

Since our favorite barrister here (cajunlawyer) chimed in with a statement that there was more than a grain of truth in that statement, I tend to believe it.

So when called, I try to practice the Golden Rule, and think about what I would want if I was on trial.
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Old 08-04-2012, 06:17 PM
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I've been called for jury duty twice. Once for Federal Court here in Atlanta and they gave us a juror number in the summons. We had to call a phone number every night and it would tell what numbers had to report the next day. My number was not called so I never had to report. I was worried though because that was the week the corruption trial of a former Atlanta Mayor started. I got called for State Court in Jacksonville a while back but because I'm the caregiver for my elderly mother here in Georgia, I was excused over the phone. It seems like my wife gets called about once every five years.

I talked to my cousin a while back and he was fit to be tied after being called for jury duty in a rural county here in Georgia. One of the things asked on the juror questionnaire was, "Do you own any firearms and if so, how many?" He wrote on the form it was none of their "darned" business if or how many guns he had. He was dismissed from the pool. Outside the courthouse the Sheriff walked up to him laughing and told him not to put "darned" on the questionnaire next time.
Note: What he wrote was not exactly the word "darned."

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Old 08-04-2012, 07:06 PM
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The idea that you're being tried by a jury of YOUR PIERS is kind of a joke!
Yup. 12 people who couldn't figure out how to get out of jury duty.

I've reported a few times. The one time I made it to selection (some fancy name with which Cajun is familiar I'm sure) it was a case of a guy running some other guy off his property with a handgun.

First question asked of all of us was "How many of you own guns?" I was a bit shocked at how many of us raised our hands.

Ummm... I was dismissed fairly quickly after being questioned by the prosecution.
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Old 08-04-2012, 07:15 PM
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Having tried many jury trials over the course of my career, my experience has been that the vast majority of jurors (whom I visited with after the trial was over) enjoyed the actual trial and deliberations.

What really irritates prospective jurors is endless mind-numbing questions by bad lawyers (during the voir dire process) who have no clue how to pick a jury -- I just saw this in a recent jury trial and the plaintiff counsel lost the case in voir dire -- he then capitalized on his already impressive sub-par voir dire by boring the jury to tears with inane questions of witnesses -- and was repeatedly told by the judge to "move on" with his questioning.

Good lawyers who understand the art of trial advocacy will trim their voir dire and keep it direct and to the point -- it will gain you points with the jury from the start. Same thing applies to having a concise and cogent opening statement that places your trial theme in front of the jury. Being a good trial lawyer is a lot like being a good artist -- you either have real talent or you don't.

I have tried cases against some incredibly bad lawyers -- I actually felt sorry for their clients -- choosing a lawyer who has excellent trial skills is a must if you want to prevail.

I have had some prospective jurors lie in their answers to questions during voir dire -- rare but it does happen.

What I have enjoyed most during jury trials has been cross-examining a witness (bear in mind for a good trial lawyer, it is like a chess game where you have the moves pre-programmed 30 moves in advance) to bring that witness to that "Ah-Haaa" moment -- juries love it.
And, finding the right moment to crack a funny comment while questioning a witness that leaves the jury laughing out loud-----
priceless.

I could share endless anecdotes and vignettes from trials ---
One quick one -- had a doctor (pathologist) on cross-exam about extrapolation of blood-alcohol levels and the alcohol "spike" and lots of questions about the length of time that elapsed from the traffic stop until the BAC was run and was the BAC at time of stop lower or higher than the BAC run almost 2 hours later (a crucial issue in the case). the doctor was very argumentative and literally obnoxious --
at one point, he was very evasive in answering one of my questions and literally gave a non-sensical answer -- I objected and asked the judge to order him to answer the question. Before the judge could speak, the doctor turned to the judge and the following ensued:

Doctor: "Judge, do I have to answer that question?"

Judge: "Yes, you have to answer that question."

Doctor: "Are you sure?"

Judge: "Yes, I'm absolutely sure, please answer counsel's question."

At this point the jury was cracking up at the doctor questioning the judge -- the doctor kept being evasive in his answers to the point that the judge told the doctor he would hold him in contempt if he did not provide a full and clear answer to the question -- from the smiles and looks I was getting from the jury, I knew we had won at that point.

Also remember defending a personal injury case, lady plaintiff claiming back injuries from a minor rear-ender, she was 5' 3" and weighed about 280 (one of our defenses was that her obesity was the root cause of any back issues she had) -- she also claimed loss of consortium, i.e.
that the accident impacted her relationship with her husband.
Jury was 9 women, 3 men. I had her on cross and began asking her about her consortium claim.

Me: "Mrs Hebert, you claim that this accident has impacted your physical realtionship with your husband and your told me at your deposition that you can now only have sex with your husband once a month because your back hurts too much, is that correct?"

Mrs Hebert: "Yes, that is correct."

Me: "How often did you and your husband have sex before the accident?"

Mrs Hebert: "25 to 30 times a week, sometimes more"

The court reporter burst out with a muffled laugh, the ladies on the jury were rolling their eyes (a schoolteacher, a nurse, a retired bank teller, a stay at home mom among them) -- and I just looked at the jury with a half-smile -- knew the case was won at that moment.

Some things you just should not lie about.
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Old 08-04-2012, 07:18 PM
Hillbilly77 Hillbilly77 is offline
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Yup. 12 people who couldn't figure out how to get out of jury duty.
See post #12.
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Old 08-04-2012, 07:54 PM
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Do they give you a phone call at 6 AM and say, "Come on down?" Every time that I've been summoned, I had weeks and weeks of notice.
Now you are just being difficult and persnickety.

They won't reschedule duty just because you have "personal plans." yes, I had weeks of notice. The plans had been made for weeks as well. Then I got a new jury duty date. Neither personal plans nor jury duty could be rescheduled (or re-rescheduled as the case may be). The backup was plan was to report for jury duty and IF I was released, meet with daughters and friends. So you can see that I was anxious, after sitting much longer in a pool than is typical, both by my experience and the bailiff's remarks to the pool, while we waited for this one guy to make up his mind if he wanted a trial or not and I knew if I'd be able to actually meet with my daughters and our friends or not.

Now, if you will excuse me, all I've had is flak for weeks and I was simply sharing that I'd FINALLY had an enjoyable day, despite a particularly rough jury pool selection and dismissal process that day, after weeks of being in tears all day every day....and I would appreciate not being badgered or agitated any more. I had a parade after weeks of *******. And it was a good parade too...No more raining on my parade! Please, no more harshing my mellow.

Again, let me be perfectly clear. Jury duty can be enjoyable. The drive or bus ride (whichever you choose), security, pool and panel selection, and voir dire process is NOT.
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Old 08-04-2012, 08:01 PM
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Anyway, I always looked at it (and I have been called twice and been a foreman for all three "events'. Guess it's my distinguished contemplative good looks... )
My husband got elected foreman of a jury when he excused himself to the men's room.

I can't ever bring myself to take a pee break when I have jury duty due any more.
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Old 08-05-2012, 03:31 PM
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I have been called three times. I was accepted the first time; a DUI case. Later I asked the defense attorney why he accepted me. He said that if there was any discrepancy in the arrest I would be able to spot it. After the jury reached a verdict, we had to wait for about 3 hours before we wre taken back to court. Afterwards when I was talking with the Deputy DA and the defense attorney, they told me that the jury had to wait because they couldn't find the defendant. He was eventually located in a nearby bar. He was brought back to the court, drunk as a skunk, to hear the verdict.

The second time, I knew the judge, and he dismissed me.

The third time I was called for jury duty, by some strange coincidence I was going to be a witness in the case. I was dismissed. I guess they don't want witnesses to be on the jury. Do you think someone might have thought I would be a little biased against the defendant? We had a good laugh afterwards, and I still don't understand why I was called for jury duty on that case.
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Old 08-05-2012, 04:12 PM
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I've been on civil,criminal and grand juries. It's my duty. I was almost selected for a federal jury but by then I was too opinionated, or old, which is the same thing.
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Old 08-05-2012, 04:49 PM
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I've been called for jury duty twice. Once for Federal Court here in Atlanta and they gave us a juror number in the summons. We had to call a phone number every night and it would tell what numbers had to report the next day. My number was not called so I never had to report. I was worried though because that was the week the corruption trial of a former Atlanta Mayor started. I got called for State Court in Jacksonville a while back but because I'm the caregiver for my elderly mother here in Georgia, I was excused over the phone. It seems like my wife gets called about once every five years.

I talked to my cousin a while back and he was fit to be tied after being called for jury duty in a rural county here in Georgia. One of the things asked on the juror questionnaire was, "Do you own any firearms and if so, how many?" He wrote on the form it was none of their "darned" business if or how many guns he had. He was dismissed from the pool. Outside the courthouse the Sheriff walked up to him laughing and told him not to put "darned" on the questionnaire next time.
Note: What he wrote was not exactly the word "darned."

CW
I had just sent in my Federal Jury card to Marquette, MI, and not 2 weeks later, McVey's lawyer was talking about trying for a change of venue to Marquette

Remember, this was just after the OJ sequester Marathon. I had no desire to sit through that!
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Old 08-05-2012, 06:27 PM
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I've been called 3 times. I've never made it to the selection phase. I don't know how they pare down the field by about 70% or so. (throw darts at a list of names maybe?) But everyone called sits around drinking coffee for a couple hours, then a clerk comes in reads a list of names and says the rest of you can go.

I wouldn't mind getting picked once, just to see what it's like. But then they always say "be careful what you wish for, you might get it". (It's probably no fun)
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Old 08-05-2012, 07:25 PM
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There are a lot of bad people in the courthouses of our fine nation. Plenty of good people are there too. You cannot tell who is good and who is bad by appearance.

When in the courthouses, I regularly feel uncomfortable due to scary-looking people in my immediate vicinity. Sometimes I get stuck in an elevator, me alone with shady looking characters. Oh, man, I HATE that!

Yet, here in Ohio, civilians cannot legally carry our concealed firearm in the courthouse - not even the lawyers with CCW permits may carry. Yet, the judges and LEOs get to carry their firearms. Why may judges and LEOs carry their weapons in court, but not lawyers? Judges are just lawyers who win an election or an appointment.

It makes no sense. Lawyers are trusted with resolving our clients' most important, life-changing disputes. Our actions change the lives of others. We may obtain CCW permits, train to proficiency with our weapons, and carry our weapons in most places. Yet we are still denied the right to carry our arms in court, the most likely place for us to run into miscreants. Either we attorneys can be trusted, or we cannot. Why are we trustworthy enough to resolve top-level problems, yet not trustworthy enough to defend ourselves in the courthouses? Does the government think that attorneys lose all reason, and turn into murderous madmen, when we enter the courthouse?

Yes, we had a double murder in our local courthouse some years ago. "Security," meaning metal detectors run by bored officers, was installed.

It does not make me feel safer. LEOs, no matter how well-intentioned, cannot be everywhere at all times to defend our citizens.

I would feel much safer around all of those alleged and convicted criminals in court if I were armed.
I mean no personal offense, but you assume too much when you indictate attorneys can be generally trusted. Based on first hand experiance, I don't automatically trust an attorney just because he/she is an attorney.

I readily admit the same can be said of clergy, school teachers, cops, and the milk man. But attorneys . . . they just don't quickly jump on the trusted list for me.
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