Jury duty observation

(Alec) #41

Now that makes perfect sense. But not to be allowed to take notes… if you are studying something, and you want to remember stuff, what do you do? It’s a bit like telling students, ok here’s 6 hours of lecture, but you can’t take notes, you just have to remember stuff. And then doing that day after day after day. How much are they going to remember?

It sounds to me that what the jury is being asked for is their gut feel about someone’s guilt… and someone’s whole future depends on 12 people’s gut feel. And we wonder why there are miscarriages of justice.

I am dumbfounded that such a rule can exist in a civilised country. Horrified.

(Bacon is a many-splendoured thing) #42

Much of American judicial procedure is carried over from the English common law, as it had evolved up to the time of the separation between the United States and Britain, so I would expect that the reasons for things are not always clear.

The common law goes back to Roman imperial law before the fall of Rome. In a common-law jurisdiction, the law is therefore what a judge says it is; in a “code” country, nothing is a crime that has not explicitly been made so by law, which is one of the reasons Napoleon abandoned the common law in France and promulgated the Code Napoléon.

#43

The exception is Louisiana, which is ruled by civil law on the state level, because French colony.

(Barbara M) #44

Hi Paul, I did think we were in Bizarro world. We were told by the judge that we could ask him specic questions about the law as far as the charges lodged against the defendant but were only able to ask each other, co-jurors, for what we heard for the case.

(Bacon is a many-splendoured thing) #45

Bizarre, indeed.

(Jane) #46

I was on a jury trial in Texas and we requested the stenographic record during deliberations but it was never provided. So yes, we spent time arguing over who heard what.

(Barbara M) #47

Hi Janie, I was pretty pleased with how this particular jury handled everything. When anyone on the panel during deliberations had a question, we immediately asked for input from each other to if that point was agreed as accurate.
Over all, we had good discussion about if the evidence proved their point.

Interesting that each state has their own rules…

(Marianne) #48

I was going to say Brock Turner was also a bench trial, but I just googled it and saw that it was a jury trial. The judge did a grave injustice in meting that sentence.

(Empress of the Unexpected) #49

In California we can be called once a year!

(Neil) #50

Things like this make me happy I’m not (yet) an American citizen! Sure, it has its perks, but there are downsides too. :slight_smile:

So in theory you can be called yearly, but how often do you find it actually happens in practice?

(Jane) #51

For me when I lived in Texas - every 3-5 years. Selected twice in my entire lifetime.

(Jane) #52

I have always done my civic duty except once. I had a vacation coming up that was booked and would be expensive to cancel and I was in the first group of 50 or so and they used interview questions to narrow down to the 12 plus alternates. (usually get dismissed and that’s the end of it).

I just gave answers to ensure I was eliminated. This was a personal injury lawsuit and I told the prosecuting attorney I didn’t believe in monetary awards for “pain and suffering” and would not agree to it. This would limit his cut of the pie drastically so I knew he would strike me from the list. And he did.

#53

In most places, if you have reasons you can’t serve–like @Janie’s vacation–you can defer automatically, usually by mail with the form they send you when you’re called. Otherwise you just tell them when you go in. I got called for grand jury duty once when I was in grad school. You have to show up every day for about two months. I couldn’t miss all those classes, exams, etc. So I explained that and they said fine and sent me home.

(Barbara M) #54

Neil, for me, getting called up has been not very often. Before April when I served on this trial, I hadn’t received notice to be called up since 2005.(that I recall)
The judge told us at the close of this trial that we would not have to serve on a jury again for 3 years. I think I could get notice again, but that there are screening questions that ask if you have been on a jury.

#55

Disturbing to say the least.

(Little Miss Scare-All) #56

Not really.

(Jane) #57

Yeah, it varies by state and court. Vacation wasn’t on the list of automatic deferrals but I may have gotten it if I asked.

(Ashley) #58

I’d find it more disturbing if she didn’t have her own opinions! Jury duty isn’t for everyone, I’d never want to do it as I have a very big fear of putting the wrong persons life in jeopardy over a decision I have made.

#59

Ya, it is. Our system is set up so we have the last ditch resort of relying on a jury of our fellow citizens to save our asses against possible corrupt lawyers, a-hole judges with something to prove, or possibly a crime that’s particularly political at the time and that’s one of the reasons our country is as free as it is and one of the few things at this point stopping us from being like many countries where all it takes if for a citizen to publicly speak out against the power at the time and then rotting in a prison cell for it. People shrugging their shoulders at what a gift that is to have that power and considering it a burden… no words.

(Little Miss Scare-All) #60

Hate to tell ya, but if they want someone in jail, they’ll be in jail. No magical,.golden juror can sway that. So, what you can do is go to double the jury duty, and you can go for me!

You have way too much faith in the judicial system. #MAKINGAMURDERER

I’m doing them a favor by not pretending I would be a lovely asset in their box, making determinations about someone’s future. That’s being responsible.