Jump to content
Brian Enos's Forums... Maku mozo!

Federal Jury Service


Recommended Posts

I had to serve on a Federal Grand Jury several years ago (about 1998 - '99). The presiding judge made very few exceptions to let people out of the jury pool. We met at the Fedral Court House for 3 days once a month. The term lasted for 18 months. There was some compensation for jury duty, but I can't remember exactly how much. Hope this helps.

Link to comment
Share on other sites

Don't sweat it, my friend. I got called about 2 years ago to Fed jury duty. When the Judge addresses the jury pool with some test questions, if you answer them as truthfully as I did, you will be going down the sidewalk at the end of the day. Each side gets to pick 6 jurors to throw off the panel. Most of the prospective jurors sat there like a bump on a log when the Judge asked us questions like, "Have you ever felt that a law was un-just?"

"Have you ever disagreed with something the goverment did?"

Now, you are sworn to tell the truth when you answer these questions. I couldn't just sit there quietly and lie by my silence! If you have strong feelings about what is right and wrong, just tell the "whole truth and nothing but the truth" when they screen the panel. You won't be the kind of person they are looking for.

Link to comment
Share on other sites

yep, they'll be looking for sheeple.

I got a jury survey once. It said return by the 10th, I looked at the envelope and it was postmarked the 12th. So I included a nasty note pointing out their discrepancy.

That kept me out of the jury selection for 3 years after that. I'd like to think they snagged all of the people who didn't notice that, first.

Link to comment
Share on other sites

With a little planning and effort you can get out of it. Any smart person can figure the right things to say to get kicked off a jury.

And then we're left being judged by the only 12 people too dumb to get out of jury duty.

Not a very comforting thought....

Link to comment
Share on other sites

In my lone jury pool experience last year, I never thought I'd even see the court room. But my number was pulled and off I went...I answered all the essay questions with my un-pc, brutally honest answers thinking I would surely not be called back for a second day. Apparently, the state's prosecutor liked my answers and I spent that second day sitting in the courtroom for more general Q&A. After lunch I had the pleasure of a one on one Q&A with the judge, prosecution, defense, and the defendant in chambers. After the snarky defense lawyer had several questions for me and tried to lecture me, the judge asked me if I understood that the defendant was presumed innocent until proven guilty. I responded, "of course your honor I presume that he is innocent, however the defendant appears all too guilty." I proceeded to explain my thoughts that the guy looked to me like a school boy sitting outside the principle's office waiting for his punishment. Meanwhile, the prosecutor was sitting to the side with a smile on his face, he never asked me a single question.

My honesty on the questionaire and my verbal answers never screened me out of the pool, but later that afternoon during the actual jury selection the defense team shot me down. Good thing too, it was big time multiple count murder trial that ended in a mistrial over a spanish interpreter's goof up. There was a conviction in the second trial.

Even stupid, drug dealing gang bangers get a straight up trial...

Link to comment
Share on other sites

Kevin,

When I lived in the PRK (91-94) I got the call fot jury duty in U. S. District Court in LA. Sat on a case for 2 about weeks. Got paid about $50/day plus parking. Interesting case "Clayton Jacobson (invintor of the jet ski) vs Kawasaki Hevy Industries" Tort cases involving ammounts over $10K go to US District court at that time. It's been a while, I suspect a lot has changed. Good luck.

keninaz

Link to comment
Share on other sites

If you want to get out of jury service, move to a country where they don't have juries, Iran perhaps or North Korea. I guarantee you'll never be called up for this onerous burden.

As a prosecutor, I don't look for sheeple when picking a jury. I look for people with COMMON SENSE above all else. But I will tell you I almost always strike engineers, architects, and above ALL college professors. I usually strike Democrats unless it's a DV or Child Cruelty kind of case. I also will strike anyone who thinks CSI is a reality show.

Jury Nullification? What's that about? Instead, just follow the law. That's why we have it.

Questions like have you ever disagreed with the government or thought a law was unjust should obviously be answered truthfully but they're kind of dumb. I've disagreed with the government several times today! And I can think of many laws that are unjust.

The length of your service may be quite long in the unlikely event you were selected for a Grand Jury. If you were selected for a trial jury it could as short as a couple of days to as long as months. The Judge should let you know.

Link to comment
Share on other sites

Kellyn is right on the money here. Also no school teachers, no one who has had a family member arrested or prosecuted sits on my juries.

I don't know about other states, but if you tried to do a jury nullification in Florida, you would be have to be a lying perjurer. Every prosecutor questions the prospective jurors (who are sworn by the way) about whether they will follow the law, whether they like it, disagree with it, or find it different than they thought it was. I get a commitment, under oath, from every prospective juror that they are swearing they will follow the law no matter what. If a prospective juror can't do that, they don't serve. Then I get another sworn commitment from them that they will set aside prejudice, bias and sympathy and decide the case based soley on the evidence in the form of testimony and exhibits, and the law as the judge gives it to them. If someone can't do that, they don't serve. Then I get a third sworn commitment that they will render a verdict that speaks the truth about what happened on a particular date in the past. Again, if they can't commit to that, they don't serve. All of these commitments mirror the instructions the judge will give them later. Lastly, the judge gets another commitment, with a new oath, before the chosen men/women actually sit on the jury that they will "well and truly" try the issues between the State of Florida and the Defendant.

Of course, the defense attorney gets his/her own set of sworn commitments-such as that they will hold the State to proving each and every element that makes up the particular crime charged beyond and to the exclusion of every reasonable doubt.

In 25 years of trying cases and just under 11 years of being a police witness before law school, I have never had a jury nullification. Certainly I have had cases where the defendant was found not guilty and there have been cases where one juror has refused to deliberate, committed some act of misconduct or refused to agree with the rest of the jurors resulting in a mistrial (which means we just pick another jury later) but I think it would be difficult, in Florida, to get 6 people (12 in capital cases) to all agree the defendant committed each element of the crime charged, but should be freed.

A recent case in Tampa, where a guy drove over a man who had just robbed him resulted in a acquittal. Some blogs suggested a nullification, but there were clearly plenty of grounds to find that guy not guilty and IIRC the jurors who spoke to the media said just that.

Could there be a jury nullification? Only if 6 or 12 people have no integrity and will lie under oath. In my experience, most people are honest.

Link to comment
Share on other sites

Jury Nullification? What's that about?

I thought that was the correct way to remove bad laws, by trial and nullification.

If you can't stop them in legislation; you better stop them after the Fact.

I am not a lawyer and can't practice law without a license.

FM

Link to comment
Share on other sites

I am self employed = if I dont produce I dont get paid. I served on a jury ( non fed) a few years back. I remember it takeing several weeks. -I was not eazy,- If I had not don my part justice would not have happend. most of the jury did not pay atintion and the guy would have gotten away with child molesting, because they could not tell when a small child speeks the truth.

If I get called for Fed service I will do every thing I can do my part.

No one will be shooting at me, & I wont be bombed, I wont have to wory that some one not envolved will die.

JF

Edited by AlamoShooter
Link to comment
Share on other sites

I have been called to the jury pool twice and ended up serving on a jury both times. I found it very educational not only about "the system" but also about my fellow citizens.

If called again I will gladly serve.

Link to comment
Share on other sites

KELLYN can certainly speak for himself about why he doesn't want engineers on his jury panel, but, as for me, please understand two things:

1. Each side gets a certain number of peremptory challenges so each side can excuse any prospective juror, up to the limit of the law (Florida is 3, 6, or 10 depending upon what the case is) for any or no reason except these can't be exercised for racial or ethic or protected class reasons. Lots more details about this, but essentially, this is the law.

2. The lawyers picking the jury have only a few minutes to get to know the prospective jurors and decide if they want them to sit on their jury. Engineers, in particular, can be troubling. Generalizing (because in that limited time, that's all we can do) I think engineers would be great jurors for a case which is a whodunit with lots of scientific evidence, fingerprints, DNA, etc. But, a case built on circumstantial evidence (yes, circumstantial evidence is perfectly good evidence upon which to base a case) I would not want someone with a math or scientific background. Generalizing, again, IMO you engineers are into certainties, i.e. 1 + 1 = 2. If my case has the first 1 and I am using circumstances to prove the second 1 and asking you to find it equals 2 (guilty beyond a reasonable doubt) I don't want an engineer on the panel. OTOH, if I have a 1 (eyewitness) + 1 (DNA), then I might want an engineer who will know that equals 2 (guilty).

Same with school teachers. Generalizing, IMO, teachers are liberals, deal with wayward kids and are used to aberrant behavior as kinda the norm. IMO they will look for a way to excuse the conduct and find a reason to not hold the defendant accountable. I know that is not true of all teachers but I don't have time (or any opportunity) to determine if a teacher on a prosepective panel fits that generality or not. I don't take a chance and use a peremptory challenge on the teacher.

I realize none of this is very scientific-most of it is gut-instinct and very bad experiences that mold us in our opinions about who makes the best jurors for a particular case.

Link to comment
Share on other sites

Thanks to Kellyn and SS1, for all the good info on this topic!

If you couldn't tell by my first post, I was certainly willing to serve and rather disappointed in the process that excluded me. What I observed in this case was that anyone who answered the questions truthfully, instead of staring at their shoes, was invited to leave.

The Judge was a Clinton appointee.....

I've often wondered about that day. You answers here have helped.

Link to comment
Share on other sites

BlueEdge, you haven't stated if this was for a Federal GRAND jury or not. If it is a grand jury, then the normal service is 1 year and can be extended 6 months if needed. A trial jury service will last the length of that one trial. I did 18 months on the Federal Grand Jury hearing evidence and voting on indictments. It was once per week at most and we called a number each week and the message told us if we were needed that week or not. They did most weeks. For me it was very enlightening and I felt pride in being able to help justice be served. The jury was TRULY a cross section of society.

Link to comment
Share on other sites

straightshooter,

So basically what you're saying is that you don't want the typical engineer's intellect and critical thinking skills to get in the way of you railroading the innocent.

:lol:

[And if you think engineers are annoying in the courtroom, just try going on a ski trip with a couple of them sometime. :o]

Edited by EricW
Link to comment
Share on other sites

[And if you think engineers are annoying in the courtroom, just try going on a ski trip with a couple of them sometime. :o]

.....or running matches with them...... Hi Dr. Duff Duff! :lol::lol::lol:

Although in Marques' case ---- I find him more entertaining than annoying.....

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...