How To Avoid Getting on a Jury

[Zeke]

Originally Posted by ZOANAS

"Well, your honor, we have laws, and a Legislature that writes those laws. If we don't like the death penalty, we should take our case to them. The jury box isn't the place to legislate." .

If you read up on the "fully informed jury," you will find that a jury can do just that, override any law. In effect, they are legislating or at least vetoing existing legislation.

Let's take one example in point: During the civil War era, slaves were escaping west. They ended up Mid Western "free states." Laws were vague at best about harboring slaves, etc. When the issue did come up and was treated as a crime, sympathetic jurors refused to convict even if evidence was solid. They did this because overall the most of these states could not agree to the fact that slavery was legal in other states. Using examples from Ben Franklin and before, the jurors knew they could not be forced to convict against their own moralistic stand. A jury cannot be tried for any crime or offense if they rule against existing law for whatever reason or belief. A jury is in essence, above the law.

That is the best I can do at the moment to explain the concept. You bring this up in a court and you will be excused. I suppose the more ignorant you appear about all this, the scarier you are to the judge and attorneys. That would be my tact.

Here is some good reading: http://www.levellers.org/jrp/orig/jrp.jurquotes.htm

[dzls rok]

depending on what kind of case, just show bias for one side or the other...then the opposing side will most likely excuse you.
before we would have to wait in a room and they would call people in alphabetical order. since my last name is near the end, i would always be there all day. now they give you a # and you call in the day before, and they tell you if you need to come in or not. last couple of times i called, i never had to go in.

[Jagshund]

Are you saying that a jury is "above the law" due to the fact that most of our laws are derived from "common laws" brought about simply through people practicing them? So, in essence, an opinion of the jury is likened to that of society on small matters and, because society itself is responsible for our laws the jury can set the cart on a different path, to a certain degree . . . makes sense to me. I was called to jury duty several years ago in Fulton County. I told them I was in school (I had gone back to business school) and they sent me home. Haven't heard from them again, but I'm growing the nastiest goatee possible just in case they call . . .

[ZOA NOM]

Interesting stuff, Milt. I suppose I suspected that was the case, and my reply to the judge was almost my way of getting on a soapbox. I actually didn't realize it would turn the defense attorney off until after I said it. Makes perfect sense, tho. A juror willing to legislate would be a defense lawyer's dream, while an emotionless stickler for rules would benefit the prosecution.

[TechnoViking]

I was summoned once when I worked in California. My boss told me to tell them that I worked on straight commission and that missing any work would cost me a lot of money. It worked. In California. In 1995.

[Danny_Ocean]

You gotta think "simple". Want to be excused from jury duty forever?


Commit a felony.

No more jury duty.

Next question.

[varmint]

o.j. simpson t-shirt

[Danny_Ocean]

Originally Posted by varmint

o.j. simpson t-shirt

Even simpler: Arrive to court without pants.

[LakeCleElum]

Every citizen has a duty to appear when summoned, but:

If you're not personally served or via registered mail, you could blow it off and nothing will happen!!!

[varmint]

the l.a. county court house is disturbing enough without me wandering around in my skivvies.


print this up on a shirt, problem solved.

[Danny_Ocean]

Originally Posted by LakeCleElum

If you're not personally served or via registered mail, you could blow it off and nothing will happen!!!

Depends on your State/County. Not accurate for all jurisdictions.

[pwd72s]

Be a friend of the defense attny. In one case, this was true...and I told the Judge so. I was outathere...

[Zeke]

On the dress code: You can be advised to return another day or face contempt. These folks can and will be serious. You'd be better off to take a serious position in this if you want out and out fast.

[Hugh R]

An attorney friend of mine who works for the LA Department of Water and Power once told me you just have to say "I vote my conscience". He said both sides will want to dismiss you.

True story, I got pulled into a jury pool once with about 50 prospective jurors. When they came to questioning me I told the judge that I couldn't serve on that jury because I had sold my house to the plaintiffs counsel, who then turned around and sued me for every little nit picky thing wrong with the house, and that every single item he sued me for had been either disclosed, monies paid into escrow to remedy, or we agreed to disagree and he sued anyway. I also pointed out that the lawyer had sued the guy who sold him his previous house under the exact same circumstances.

The judge dismissed all 50 of us and ordered up a new batch of prospective jurors.

[Zeke]

Just remember the little diddy about being sent to another courtroom if you just don't happen to agree with the court you're in. Man, I saw more than one person cornered and trapped by the judge. I think he was setting an example of "no BS." I mean he could sit there all day while jurors came and jurors went. I have to believe the man had a lot of cases on his docket and wasn't about to waste any time on BS.

[RWebb]

Well, it is a civic duty. You are supposed to be selected at random, but most places use driver's licenses. So if you turn that back in and don't =drive you may never get called.

If you get called too often you can ask to get out for xx years -- in some places.

You are right about J's taking no BS, and imposing penalties.

Each attorney (side) will have about 5 strikes - they can toss 5 jurors out (of that rial) - you'd just go back in the pool tho. Again that's how most places work.