Jury duty is a wonderful thing (2 Viewers)

[st dude]

I've seen Judges issue bench warrants and have Sheriff's go out and pick up jurors who did not show up. Doesn't happen often, but I have seen it happen.

I guess its different in different jurisdictions, but in my experience issuing a bench warrant for someone skipping jury duty is standard operating procedure. It does tend to overburden a busy sheriff's office, but most sheriffs would have a round up day every month or so for these type warrants.

The juror would come in, get lectured by the judge, put on duty for the next docket and let go.

 

[st dude]

Well, the jury system is broken, and is broken badly. Here's my story, and why I no longer serve as a juror.....ever!

About 10 years ago I was called for jury duty. At that time I was in San Diego, and I called the judge trying to talk to him about not being able to make it. He told me, if I don't show up, an arrest warrant will be issued against me, and he said is up to me to make it back in time. I had to spend about $1200 for the airplane tickets, with the judges assurance that he will guarantee that I get my money back.

So I made it back in time, just to hear that the court had let the accused free the evening before the trial, and he ran away, all the way back to Mehiko! I asked the judge....where's my money? The judge said, that b/c the accused ran away, I'm out of luck, and I will not get my money back.

Fast forward to this year, and in April I received another letter from the court, asking me for jury duty again. This time I told them that I'm a biased individual, and will certainly vote guilty, no matter if the accused is or isn't guilty. I told them they better reconsider b/c I won't change my mind no matter what. That answer did not sit well with the clerk, so when I told her the reason why I feel this way, she agreed to take me off jury duty forever. That was exactly what I wanted. As far as I'm concerned the court still owns me the money I spent and the judge assured me that I will be reimbursed..... Which was a lie.

I no longer believe in this court system. I think they release criminals at will, and when they run away, they wash their hands of the matter, like nothing happened. It stinks, and I want no part of it.

I don't think the one bad experience you had makes the system broken. It is an odd experience, I will grant you that. I have never heard of a judge promising a juror travel expenses. Jurors get a very modest per diem, its about all the county or parish can afford.

Insofar as the court system being broken, I see it firsthand. Judges, prosecutors, defense attorneys, sheriffs, police officers and wardens for the most part work long hours and are underpaid. Most bad criminals do go to one of our overcrowded jails, some slip through the cracks or scheme the system. There are some corrupt officials mixed in, but by in large our judicial system is made up of regular folks trying their best. I see it everyday.

I understand your frustration, but I cannot agree with your approach.

 

[st dude]

St Dude - I have to disagree with your assertion that "ours is the best in the world". I assume you are referring specifically to your jury system rather than the wider legal system.

The jury system here is merely a money making machine for attorneys and municipalities. The principle of a jury trial is that the defendant is tried by a jury of his/her peers not by 12 people deemed to be the most likely to vote in a particular direction as determined by voire dire. If you have a couple of million to throw at a great attorney then good for you. If you're a regular Joe accused of something heinous and saddled with a public defender vs a gung ho DA all I can say is good luck. The odds are already against you and the chances the PD's office are going to do much research into the jury pool are, I imagine, slim at best.

In England 14 people are selected for duty at each trial. It is random and is truly a jury of your peers (12 regular plus 2 alternates). The attorneys involved have absolutely no say in the matter. Being excused from jury duty is almost unheard of.

I was talking about the wider legal system. I do think we have the best in the world. England has a fair system as well, much of ours is based on their laws.

If we are talking about criminal juries, the odds are stacked against the defendant, but not for the reasons you say. The odds are stacked because 95% or more of criminal defendants who actually go to trial are guilty. That's the real world.

The idea that prosecutors are better than public defenders is not true as a general rule. I was chief homicide prosecutor in New Orleans at the age of 30 making less than 30k a year. Most public defenders I tried cases against were older and more experienced. Most were very good attorneys.

I have since chaired an indigent defender board. The public defenders that worked for us were every bit as good as the prosecutors. The prosecutors were paid a bit more, but both sides were severely underpaid compared to what private sector attorneys get paid.

I also found that more than most public defenders were passionate about their work. The reason I usually won my murder trials is not because I was better than the another atty, early on the opposite was true. I tried cases against older and more experienced attys regularly. The reason I usually won is I had the facts and juries are not stupid. I got outlawyered regularly, but still won all my murder trials because I juries don't vote for the best lawyer, people need to give them more credit. If you are being tried for murder it is because a grand jury has found probable cause. Most of my murder cases were actually easy cases to try. Most criminals are not evil masterminds like on tv, they are knuckleheads who act on impulse.

High publicity cases distort the day to day reality of what happens with juries. Juries take their duty very, very seriously. They have no interest in sending an innocent man to jail or letting a guilty man go. The make mistakes, but in my humble opinion, they get it right 90% of the time or better.

 

[LogeEndZone]

I think Jefferson Parish just sends it by standard mail and if you did not send the card back you were not put on the list for the day you were suppose to serve. Those days may have changed but if you don't want to serve I can't see how they can punish you for not wanting to do it? Anyone ever skip Jury Duty? Do they come and kick your door down if you don't show up? Serve a bench warrant? I would think the D.A. and clerk of court have better things to do than going after people who do not show up for jury duty.

Sometime in 2006 or 2007, I woke up at 6:00 on a Saturday morning to some kind of deputy (wasn't JPSO) knocking at my door. He was looking for my brother who had moved out of that house in 2003 to deliver a jury summons. Maybe that was just a post-Katrina thing since so many people moved around. I got them about 4 times in the mail when I lived in Jefferson Parish but only had to go once. Haven't gotten one since I've lived in Orleans.

 

[St. Widge]

I guess its different in different jurisdictions, but in my experience issuing a bench warrant for someone skipping jury duty is standard operating procedure. It does tend to overburden a busy sheriff's office, but most sheriffs would have a round up day every month or so for these type warrants.

The juror would come in, get lectured by the judge, put on duty for the next docket and let go.

I mostly have cases in Orleans Parish and with Ad Hoc judges in Baton Rouge, West Baton Rouge and Iberville Parish and I've never seen an Orleans Parish Judge do it and the Ad Hoc Judges never do it. But, I've had cases in places like Hahnville and Convent where the Judges have done it. It seems it happens more often in smaller, rural parishes where there is a closer personal realtionship between the Judges and the Sheriff.

Of course, a lot of the jury pool stuff in Orleans is handled behind the scenes by the Orleans Clerk's large bureaucracy so it's possible the Judges are issuing bench warrants behind the scenes and I just never see it.

 

[st dude]

I mostly have cases in Orleans Parish and with Ad Hoc judges in Baton Rouge, West Baton Rouge and Iberville Parish and I've never seen an Orleans Parish Judge do it and the Ad Hoc Judges never do it. But, I've had cases in places like Hahnville and Convent where the Judges have done it. It seems it happens more often in smaller, rural parishes where there is a closer personal realtionship between the Judges and the Sheriff.

Of course, a lot of the jury pool stuff in Orleans is handled behind the scenes by the Orleans Clerk's large bureaucracy so it's possible the Judges are issuing bench warrants behind the scenes and I just never see it.

When I was in New Orleans many moons ago some of the criminal court judges would may a big deal out of announcing the bench warrant for no shows during jury selection so the folks that did show up knew there were consequences for those who skip. I don't know how they do it now but suspect you are correct it is done behind the scenes. I doubt they let people skip with no problem, but suspect the enforcement of the bench warrant is lax. Where those types of warrants can bite people in the butt is when they get a speeding ticket and find out they have a warrant too.

I tried a jury trial in BR a few weeks ago in front of Judge Hernandez, first time I had met him. People who do not think the system works or that these court people don't work hard should have seen his courtroom. He is a hard working, fair minded judge with a very fine staff. it was a real pleasure trying a case in front of him.

 

[St. Widge]

When I was in New Orleans many moons ago some of the criminal court judges would may a big deal out of announcing the bench warrant for no shows during jury selection so the folks that did show up knew there were consequences for those who skip. I don't know how they do it now but suspect you are correct it is done behind the scenes. I doubt they let people skip with no problem, but suspect the enforcement of the bench warrant is lax. Where those types of warrants can bite people in the butt is when they get a speeding ticket and find out they have a warrant too.

I don't do any criminal work and I suspect the criminal court Judges is Orleans are a little more serious about Jury Duty than the civil folks, but like I said, it could be going on behind the scenes. I do know that they are serious about being lied to about pre-scheduled vacations, etc.

 

[Domefan504]

Yeah, isn't it great that Harry Lee could get away with refusing to do his job?

More pressing issues than to go after someone who don't want to go to jury duty . Why make someone go to jury duty when you they don't want to be there in the first place? Do these judges really think they will be open minded? Harry Lee did these judges a favor.

 

[Charlie Brizzown]

I got selected to serve on a criminal trial in Texas. The system itself seemed pretty fair, but some of my fellow jurors were just pitiful. Couldn't follow the judges instructions not to consider/discuss certain testimony and couldn't be bothered to read the few pages of instructions we were given before beginning to decide a person's fate for up to life in prison. They literally were asking each other questions that would have been answered by reading the printed instructions. After I convinced them to read the instructions, we spent a good bit of time discussing what certain sentences meant because a few of them had some reading comprehension issues. Never mind the fact that how one interpreted one sentence would be the difference between a conviction on assault or aggravated assault.

It scares me to death knowing people like that end up on juries.

 

[WhatDat]

I was picked for the grand jury. That meant serving for 6 months. Meeting at least once a month. One month we had to meet 3 times. Then, the last day we had to inspect juvenile hall, the city jail, and UMC hospital before we were released. They were mostly all capital cases, so some stayed with me for a while. The best one involved a Saints player, but because I took an oath, I can't tell you anything about it.

 

[tomwaits]

Remember that when you serve on a jury, if you think the defendant is being charged for violating a law that you determine is unconstitutional, you have the power to practice jury nullification to find the defendant not guilty.

Jury Nullification - When the Jury Ignores the Law

 

[insidejob]

I saw someone get hit with a contempt of court charge for ripping a huge fart while in the jury box. He got off with a $100 fine but was allowed to stay on the jury. That's the only jury duty story I have since I've never been called for it.