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pegwinn
01-26-2007, 11:23 PM
“too stupid to avoid jury duty.”

Ever hear that? Or something like that? I did. I got a jury summons. I’d been summoned before but never made it past the questionnaire stage. Most times I was excused simply for being in the service and not available.

(More at the blog in my signature.)

So the question is, is there a better way?

darin
01-26-2007, 11:25 PM
“too stupid to avoid jury duty.”

Ever hear that? Or something like that? I did. I got a jury summons. I’d been summoned before but never made it past the questionnaire stage. Most times I was excused simply for being in the service and not available.

(More at the blog in my signature.)

So the question is, is there a better way?



Do you have to 'sign' for your summons? A guy I know simply burned his summons when he got it, if he didn't wanna go. No 'legal proof' he got the summons.

darin
01-26-2007, 11:31 PM
HOLY CRAP what a story...Man...I really would JUMP at the chance to serve on a Jury. Honestly. wow.

jillian
01-26-2007, 11:32 PM
“too stupid to avoid jury duty.”

Ever hear that? Or something like that? I did. I got a jury summons. I’d been summoned before but never made it past the questionnaire stage. Most times I was excused simply for being in the service and not available.

(More at the blog in my signature.)

So the question is, is there a better way?

I just read your blog posting about your jury service. I think that little girl was very lucky to have you as the jury foreman and you guys did your good deed for the year taking the animal who violated her off of the street.

In answer to your question.... I don't know of a better way than to have people "too stupid to get out of jury duty" hearing their cases... thankfully. :)

pegwinn
01-26-2007, 11:46 PM
Thanks for the kind words.

I didn't like the process because it was soooo obvious that each side was trying to stack the deck. I'm debating whether a simple lottery might not be better.

BTW, feel free to roam around on the blog. I could use the visitors :P

Mr. P
01-27-2007, 12:13 AM
Thanks for the kind words.

I didn't like the process because it was soooo obvious that each side was trying to stack the deck. I'm debating whether a simple lottery might not be better.

You mean for the jury selection? I don't think a jury from a lottery would work very well. Heck that's basically what they did in the OJ case with the change in venue, look how that came out. Just that one move alone stacked that deck with a pool of anti the man and we love da juice prospects.

pegwinn
01-27-2007, 08:34 AM
You mean for the jury selection? I don't think a jury from a lottery would work very well. Heck that's basically what they did in the OJ case with the change in venue, look how that came out. Just that one move alone stacked that deck with a pool of anti the man and we love da juice prospects.

I think that a simple lottery of qualified jurors might work better. Let the judge do the weeding out of the obviously biased.

jillian
01-27-2007, 09:10 AM
Thanks for the kind words.

I didn't like the process because it was soooo obvious that each side was trying to stack the deck. I'm debating whether a simple lottery might not be better.

BTW, feel free to roam around on the blog. I could use the visitors :P

You're welcome. It was an interesting read and it's really nice to see that you and your fellow jurors were so serious about your task.

A lottery? I don't know if that's such a good idea because what if one of the people chosen by lottery had been abused? That person might find the allegation of abuse to be adequate for a conviction without listening to the evidence. As for the judge picking the juries, well, they are available to resolve any disagreements between counsel or to hear jurors on any issues which might disqualify them. Truth is, though, judges have pretty heavy trial calendars and can't really preside over the entire voir dire process.

I know it can seem that the deck is stacked, sometimes, with both sides trying to push the jury pool "their way". But, as you saw, ultimately, the dynamic between opposing counsel leads to a jury that is fair.

And thanks for the invite to nose around the blog. :)

Gunny
01-27-2007, 11:44 AM
“too stupid to avoid jury duty.”

Ever hear that? Or something like that? I did. I got a jury summons. I’d been summoned before but never made it past the questionnaire stage. Most times I was excused simply for being in the service and not available.

(More at the blog in my signature.)

So the question is, is there a better way?

No. If jury duty where you live is like it is here in Bexar County, if you get excused for whatever reason, they just thrown your name right back in the top of the deck and call you again within a few months.

I never make it past the defense attorney in the initial screening, 'cuz I'm just such a nice guy.:dev:

Hugh Lincoln
01-27-2007, 12:45 PM
Do you have to 'sign' for your summons? A guy I know simply burned his summons when he got it, if he didn't wanna go. No 'legal proof' he got the summons.

Not recommended in most jurisdictions... the proof is the clerk or sheriff's affirmation that it was mailed, certified, mailed, period or served personally. Ignoring the summons is contempt of court, and may carry any number of criminal or civil penalties. I've been in court where the judge has sent the sheriff out for jury-duty avoiders.

Mr. P
01-27-2007, 12:52 PM
Not recommended in most jurisdictions... the proof is the clerk or sheriff's affirmation that it was mailed, certified, mailed, period or served personally. Ignoring the summons is contempt of court, and may carry any number of criminal or civil penalties. I've been in court where the judge has sent the sheriff out for jury-duty avoiders.

Yep, I ignored one once, and a few weeks later got a nasty letter from the Judge, contact us or else I'll hold you in contempt.

KarlMarx
01-27-2007, 01:00 PM
Isn't ignoring a summons to jury duty considered contempt of court?

Jury duty is one of those things that free people do, another one is voting.

Consider serving on a jury as service to your country.

Mr. P
01-27-2007, 01:48 PM
Isn't ignoring a summons to jury duty considered contempt of court?

Jury duty is one of those things that free people do, another one is voting.

Consider serving on a jury as service to your country.

Yup, but since my wife was a Judge I figured it was a total waste of my time. Who wouldn't strike me from a jury knowing that? To my surprise though they didn't, even the Judge was surprised by it when I talked with him after the mistrail.

pegwinn
01-27-2007, 09:43 PM
No. If jury duty where you live is like it is here in Bexar County, if you get excused for whatever reason, they just thrown your name right back in the top of the deck and call you again within a few months.

I never make it past the defense attorney in the initial screening, 'cuz I'm just such a nice guy.:dev:

Hey, I thought for sure I was not getting picked. I was wearing a big ol USMC Jacket, told them that I knew folks who alleged sexual abuse, and said that in some cases assault was perfectly reasonable.


Not recommended in most jurisdictions... the proof is the clerk or sheriff's affirmation that it was mailed, certified, mailed, period or served personally. Ignoring the summons is contempt of court, and may carry any number of criminal or civil penalties. I've been in court where the judge has sent the sheriff out for jury-duty avoiders.

Around here they simply recycle names until you appear (and then pay a fine on top of appearing) or get pulled over and they run wants and warrants. I now officially have a two year exemption. My option.


Yup, but since my wife was a Judge I figured it was a total waste of my time. Who wouldn't strike me from a jury knowing that? To my surprise though they didn't, even the Judge was surprised by it when I talked with him after the mistrail.

We had a criminal defense attorney and a judge only slightly less senior than the one presiding. The jury-judge was keeping a running commentary and pointing out who was bullshitting to earn a dismissal. Neither he nor the shark got picked.

Gunny
01-28-2007, 09:26 AM
Hey, I thought for sure I was not getting picked. I was wearing a big ol USMC Jacket, told them that I knew folks who alleged sexual abuse, and said that in some cases assault was perfectly reasonable.



Around here they simply recycle names until you appear (and then pay a fine on top of appearing) or get pulled over and they run wants and warrants. I now officially have a two year exemption. My option.



We had a criminal defense attorney and a judge only slightly less senior than the one presiding. The jury-judge was keeping a running commentary and pointing out who was bullshitting to earn a dismissal. Neither he nor the shark got picked.

I had the DWI who was trying to contest the legitimacy of the DWI, even though what got him busted was his refusal to take the breathalyzer. The State Attorney General has ruled that if you refuse to take the breathalyzer, you automatically lose your license, period.

When the defense attorney asked me some dumb, deflective question, I just said I don't an issue here based on the State Attorney General's ruling. He asked me some other question about the ruling itself and I reminded him the ruling was not what was on trial.

Gone. :laugh:

Nienna
01-28-2007, 12:38 PM
Very well told, Pegwinn! I have never even been called for jury duty. I wish they would do it soon, while I'm still a SAHM, lol!

Very interesting to hear how it progressed, and it sounds like you got it right. :2up:

Hugh Lincoln
01-28-2007, 01:23 PM
Hey, I thought for sure I was not getting picked. I was wearing a big ol USMC Jacket, told them that I knew folks who alleged sexual abuse, and said that in some cases assault was perfectly reasonable.


Ha! At least with the Marine jacket, a prosecutor might have liked you. When I was in NYC, everyone tried to get out of jury duty by claiming they didn't speak English... even though you'd hear them get on their cellphone on the way out and announce in English, "yo, guess what I just did?"

pegwinn
01-28-2007, 03:32 PM
Ha! At least with the Marine jacket, a prosecutor might have liked you. When I was in NYC, everyone tried to get out of jury duty by claiming they didn't speak English... even though you'd hear them get on their cellphone on the way out and announce in English, "yo, guess what I just did?"

It never occurred to me until later that the jacket had any influence on anyone. I still have not fully accepted that I am retired. So every day there is something pointing to the Marines. Usually a jacket or ball cap.

The young lady who nominated me has a husband in the Army National Guard who just got back from Iraq and has reverted to active reserve status. My wife mentioned that since the girl was a mil spouse she likely was willing to trust me based on long term service.

On day one a large amount of prospects did the "no habla" routine. The sheriff's deputies are bi lingual, so they look for that.

jillian
01-28-2007, 07:36 PM
It never occurred to me until later that the jacket had any influence on anyone. I still have not fully accepted that I am retired. So every day there is something pointing to the Marines. Usually a jacket or ball cap.

The young lady who nominated me has a husband in the Army National Guard who just got back from Iraq and has reverted to active reserve status. My wife mentioned that since the girl was a mil spouse she likely was willing to trust me based on long term service.

On day one a large amount of prospects did the "no habla" routine. The sheriff's deputies are bi lingual, so they look for that.

When I got called to jury duty, the people who said they didn't speak English were all called in to the clerk's office to explain how they passed their citizenship test if they can't speak English. :laugh: