Missing jury duty

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lxskllr

No Lifer
Nov 30, 2004
57,986
8,223
126
I do think jury duty should be voluntary though, I think it could be a neat experience, but it's the fact that you are forced that often makes people not like it, and sometimes you just can't such as if it's on a work day.

If it's voluntary, you'll end up with professional jurors, and institutional bias. I'm not a big fan of the mandatory service, but I think it's the best way to do it with the current system.
 

marvdmartian

Diamond Member
Apr 12, 2002
5,434
20
81
How does that work. You're getting called in by the court? I suppose they can do that, but I haven't heard of it around here. They get plenty of people, and don't worry about the no-shows.

Feel lucky.....VERY lucky!

Where I live, once they're done with the initial part of sitting everyone down, making sure everyone speaks English and understands what they're there for, and listening to the pathetic excuses for why people can't do jury duty, they let everyone go sit out in the passageway.

That's the time that the judge, after getting the list of no-shows, issues bench warrants to the sheriff's deputies, who then go out to your home, or place of business, arrest you, and bring you back to stand in front of the judge, in handcuffs, to explain why it is that you missed jury duty.

We're pretty serious about our civic duty hear, ya know?? :hmm:
 

MrColin

Platinum Member
May 21, 2003
2,403
3
81
What's the usual punishment (fine, community service) in your county for missing a day of jury duty (local level)?

Tomorrow I have to risk my life going to the most dangerous area in the city, I'm going to have to sit around doing nothing for up to 8 hours and have an additional punishment on top of that.

I'm not happy about the possibility of a fine considering that the revenue goes to cops who harass me every time I walk down the street.

I would be willing to wager that you have nothing more important to do than to acquit this poor soul. Its not a punishment. You can bring a sketch pad and practice drawing.
 

Leros

Lifer
Jul 11, 2004
21,867
7
81
I just tell them, "Yes, I have been convicted on felony charges." I never have to serve...hell, I never even have to go...I just put that on the jury questionnaire I get in the mail...

Hmm... now I just need to commit a felony. :hmm:
 

boomhower

Diamond Member
Sep 13, 2007
7,228
19
81
How does that work. You're getting called in by the court? I suppose they can do that, but I haven't heard of it around here. They get plenty of people, and don't worry about the no-shows.

They certainly can. Here they are called show cause orders. Essentially the judge wants you to tell him why you didn't show up. As far as consequences they can be about whatever the judge wants. Typically no more than being assigned to the next jurors pool. But he has the power to fine and/or jail if he feels the need.
 

1sikbITCH

Diamond Member
Jan 3, 2001
4,194
574
126
I just tell them, "Yes, I have been convicted on felony charges." I never have to serve...hell, I never even have to go...I just put that on the jury questionnaire I get in the mail...

Crime also paid for me as well for the last 20 years. This year the letter stated "Provide proof of your felony conviction which resulted in incarceration of 4 months or more". I called them up and said this shit happened 20 years ago. The lady laughed and said "Sir your eligibility for jury duty is approved. Don't be late."

Bitch.
 

BoomerD

No Lifer
Feb 26, 2006
64,229
12,562
136
Crime also paid for me as well for the last 20 years. This year the letter stated "Provide proof of your felony conviction which resulted in incarceration of 4 months or more". I called them up and said this shit happened 20 years ago. The lady laughed and said "Sir your eligibility for jury duty is approved. Don't be late."

Bitch.



I guess you got


My last conviction was also a VERY long time ago...
 

goog40

Diamond Member
Mar 16, 2000
4,198
1
0
Feel lucky.....VERY lucky!

Where I live, once they're done with the initial part of sitting everyone down, making sure everyone speaks English and understands what they're there for, and listening to the pathetic excuses for why people can't do jury duty, they let everyone go sit out in the passageway.

That's the time that the judge, after getting the list of no-shows, issues bench warrants to the sheriff's deputies, who then go out to your home, or place of business, arrest you, and bring you back to stand in front of the judge, in handcuffs, to explain why it is that you missed jury duty.

We're pretty serious about our civic duty hear, ya know?? :hmm:

That's pretty crazy, considering they can't even prove you ever received the jury duty notice. I once received the notice the Saturday before I was supposed to report (Monday), which was already past the deadline for registering through the phone system. When I tried to register they just let me choose a later date. But if the mail had been delayed just one more day I would have technically been a no-show.
 

zerocool84

Lifer
Nov 11, 2004
36,041
472
126
I've been called twice. First time I was late on the second day and was excused. I ignored the second summons. Nothing came of it.
 

JEDIYoda

Lifer
Jul 13, 2005
33,986
3,320
126
When I was last called for Jury duty I was chosen to sit on the jury in a domestic violence case.....

The last question they asked me before being let go was if I would follow 100% of the law no matter what my personal feelings were.

I told them in all honesty that I could not follow 100% of the law.....because some laws are just plain out right stupid!

Needless to say I was home before noon....

On a side note the outcome of the case was a hung jury and they were not going to retry the case!
 

Brovane

Diamond Member
Dec 18, 2001
5,673
1,948
136
That's pretty crazy, considering they can't even prove you ever received the jury duty notice. I once received the notice the Saturday before I was supposed to report (Monday), which was already past the deadline for registering through the phone system. When I tried to register they just let me choose a later date. But if the mail had been delayed just one more day I would have technically been a no-show.

Usually in counties with a large population the police are to busy to deal with Jury Duty no shows. However I could see this happening in counties with smaller populations and the LE having more time. Basically the Court's assume that once it is mailed it has been delivered. They realistically don't have to prove that you received the summons because remember you are in the court room and the judge is the rule of the law. They can make your life very uncomfortable. They could easily throw you in jail for a couple of days with a simple verbal command to the bailiff. So the best bet is to just show up and say something like you would not find someone guilty if the law was stupid. I have a call in later this month for Jury Duty. The court room is only about 15 mins from my house so I will due my duty. I remember years ago back in the 1940's in San Diego my Grandmother told me that she didn't respond to a jury duty summons. Well she actually never received it because they had moved and the mail never got forwarded. A deputy showed at her door looking for her which shocked her because she had no idea what was going on. I doubt in San Diego county they have the manpower to do that in the present day. However you never know.
 

Rinaun

Golden Member
Dec 30, 2005
1,196
1
81
Just go and act strange. As JEDI mentioned 9/10 they'll send you home if you don't sound like someone reasonable. Just mention that you love guns and wish that texas or california was annexed from the US; one or the other, because you ain't living with no hippies in YOUR 'MURICA!!
 

zzuupp

Lifer
Jul 6, 2008
14,863
2,319
126
They certainly can. Here they are called show cause orders. Essentially the judge wants you to tell him why you didn't show up. As far as consequences they can be about whatever the judge wants. Typically no more than being assigned to the next jurors pool. But he has the power to fine and/or jail if he feels the need.

This.

I was called down for jury duty. The case that day didn't go to trial. The nice judge thanked us for our time, and mentioned that he would be getting in contact with the no-shows.
 

marvdmartian

Diamond Member
Apr 12, 2002
5,434
20
81
That's pretty crazy, considering they can't even prove you ever received the jury duty notice. I once received the notice the Saturday before I was supposed to report (Monday), which was already past the deadline for registering through the phone system. When I tried to register they just let me choose a later date. But if the mail had been delayed just one more day I would have technically been a no-show.

In that case, the judge would, if he felt you were telling the truth, probably just remind you that it's important to be on time from now on, and to have a seat outside.

Remember, these judges get to listen to people lie 5-6 days a week, all day long. They can tell if you're BS'ing them. :hmm:

Usually in counties with a large population the police are to busy to deal with Jury Duty no shows. However I could see this happening in counties with smaller populations and the LE having more time. Basically the Court's assume that once it is mailed it has been delivered. They realistically don't have to prove that you received the summons because remember you are in the court room and the judge is the rule of the law. They can make your life very uncomfortable. They could easily throw you in jail for a couple of days with a simple verbal command to the bailiff. So the best bet is to just show up and say something like you would not find someone guilty if the law was stupid. I have a call in later this month for Jury Duty. The court room is only about 15 mins from my house so I will due my duty. I remember years ago back in the 1940's in San Diego my Grandmother told me that she didn't respond to a jury duty summons. Well she actually never received it because they had moved and the mail never got forwarded. A deputy showed at her door looking for her which shocked her because she had no idea what was going on. I doubt in San Diego county they have the manpower to do that in the present day. However you never know.

Well, yeah, this is a county in Texas with 100,000+ people in it, so definitely not like dealing with no-shows in bigger cities (Dallas, etc). However, Texas DOES have more different types of police organizations that just about any other state, so there's no shortage of badges to go out collecting stragglers.
 

bignateyk

Lifer
Apr 22, 2002
11,288
7
0
You're gonna leave your mom's basement for the most dangerous part of the city? That sounds pretty risky.

I hope they throw you into FPMITA prison for missing it :biggrin:

All you need to do is say pretty much anything that you post in P&N and you'll get tossed out of the Jury pool before you even finish your thought.
 

Wyndru

Diamond Member
Apr 9, 2009
7,318
4
76
I've been called twice. First time I was late on the second day and was excused. I ignored the second summons. Nothing came of it.

Yup, if you ignore the summons to begin with, they will eventually stop sending them.

(or so I've heard :awe
 

NetWareHead

THAT guy
Aug 10, 2002
5,847
154
106
I cant tell how many jury summons I still receive at my parent's house even though I haven't lived there in years. My dad just chucks them.
 

Wyndru

Diamond Member
Apr 9, 2009
7,318
4
76
I cant tell how many jury summons I still receive at my parent's house even though I haven't lived there in years. My dad just chucks them.

That's exactly what happened to me, after I move out my Mom received a few of them. At first she would write "not at this address" and return them, but then she just started throwing them out.

She said she hasn't gotten one in the last 8 years now, so I think I'm done getting them. Since I've never registered to vote in my life, and haven't had to change my address on my license in a long time I wonder if they just lost track of me.
 

Kadarin

Lifer
Nov 23, 2001
44,296
15
81
I was summoned for jury duty a couple of weeks ago, but my group was never called in. It's the first time in 20 years that I've been summoned, too.
 

Pray To Jesus

Diamond Member
Mar 14, 2011
3,622
0
0
[SIZE=+3]Jury Nullification[/SIZE] by Doug Linder (2001) [SIZE=+1]

What is jury nullification?[/SIZE]


Jury nullification occurs when a jury returns a verdict of "Not Guilty" despite its belief that the defendant is guilty of the violation charged. The jury in effect nullifies a law that it believes is either immoral or wrongly applied to the defendant whose fate they are charged with deciding.
[SIZE=+1]

When has jury nullification been practiced?
[/SIZE]


The most famous nullification case is the 1735 trial of John Peter Zenger, charged with printing seditious libels of the Governor of the Colony of New York, William Cosby. Despite the fact that Zenger clearly printed the alleged libels (the only issue the court said the jury was free to decide, as the court deemed the truth or falsity of the statements to be irrelevant), the jury nonetheless returned a verdict of "Not Guilty."
Jury nullification appeared at other times in our history when the government has tried to enforce morally repugnant or unpopular laws. In the early 1800s, nullification was practiced in cases brought under the Alien and Sedition Act. In the mid 1800s, northern juries practiced nullification in prosecutions brought against individuals accused of harboring slaves in violation of the Fugitive Slave Laws. And in the Prohibition Era of the 1930s, many juries practiced nullification in prosecutions brought against individuals accused of violating alcohol control laws.

More recent examples of nullification might include acquittals of "mercy killers," including Dr. Jack Kevorkian, and minor drug offenders.

[SIZE=+1]Do juries have the right to nullify?[/SIZE]


Juries clearly have the power to nullify; whether they also have the right to nullify is another question. Once a jury returns a verdict of "Not Guilty," that verdict cannot be questioned by any court and the "double jeopardy" clause of the Constitution prohibits a retrial on the same charge. Early in our history, judges often informed jurors of their nullification right. For example, our first Chief Justice, John Jay, told jurors: "You have a right to take upon yourselves to judge [both the facts and law]." In 1805, one of the charges against Justice Samuel Chase in his impeachment trial was that he wrongly prevented an attorney from arguing to a jury that the law should not be followed.

Judicial acceptance of nullification began to wane, however, in the late 1800s. In 1895, in United States v Sparf, the U. S. Supreme Court voted 7 to 2 to uphold the conviction in a case in which the trial judge refused the defense attorney's request to let the jury know of their nullification power.

Courts recently have been reluctant to encourage jury nullification, and in fact have taken several steps to prevent it. In most jurisdictions, judges instruct jurors that it is their duty to apply the law as it is given to them, whether they agree with the law or not. Only in a handful of states are jurors told that they have the power to judge both the facts and the law of the case. Most judges also will prohibit attorneys from using their closing arguments to directly appeal to jurors to nullify the law.

Recently, several courts have indicated that judges also have the right, when it is brought to their attention by other jurors, to remove (prior to a verdict, of course) from juries any juror who makes clear his or her intention to vote to nullify the law.

[SIZE=+1]If jurors have the power to nullify, shouldn't they be told so?
[/SIZE]

That's a good question. As it stands now, jurors must learn of their power to nullify from extra-legal sources such as televised legal dramas, novels, or articles about juries that they might have come across. Some juries will understand that they do have the power to nullify, while other juries may be misled by judges into thinking that they must apply the law exactly as it is given. Many commentators have suggested that it is unfair to have a defendant's fate depend upon whether he is lucky enough to have a jury that knows it has the power to nullify.
Judges have worried that informing jurors of their power to nullify will lead to jury anarchy, with jurors following their own sympathies. They suggest that informing of the power to nullify will increase the number of hung juries. Some judges also have pointed out that jury nullification has had both positive and negative applications--the negative applications including some notorious cases in which all-white southern juries in the 1950s and 1960s refused to convict white supremacists for killing blacks or civil rights workers despite overwhelming evidence of their guilt. Finally, some judges have argued that informing jurors of their power to nullify places too much weight on their shoulders--that is easier on jurors to simply decide facts, not the complex issues that may be presented in decisions about the morality or appropriateness of laws.

On the other hand, jury nullification provides an important mechanism for feedback. Jurors sometimes use nullification to send messages to prosecutors about misplaced enforcement priorities or what they see as harassing or abusive prosecutions. Jury nullification prevents our criminal justice system from becoming too rigid--it provides some play in the joints for justice, if jurors use their power wisely.
 
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