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Jury Duty
It is hard to believe but I have only been called up to audition for jury duty one time in my life. I am a few days short of 73 years old and the last time I was selected was just before I turned 70. At 70, you can be automatically excluded if you wish. Out of a pool of a few hundred potential jurors, I was among 45 who had to endure the auditioning process.
The case involved injuries that occurred in an automobile accident. We were told that the evidence would include differing testimony from two neuroradiologists. So when the questioning of the potential jurors began, I was asked about my background. I told them that I had two sons, one who was an investigator for medical malpractice lawyers and one who was an orthopedic surgeon. I then said I was a radiologist and would be the perfect juror for the trial because I could fully understand the medical evidence to be considered.
I assumed I would be dismissed on that basis, but it actually took many long arduous hours before I was dismissed. After every potential juror was questioned, I knew who would be chosen. They were the dumbest people in the room. I don’t know if any juror chosen had an IQ over 100.
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Twice, both many years ago. Still can almost quote one woman on my first jury trial – a personal injury case: “Well I don’t know but I think we should give her (the plaintiff) whatever her lawyer asks because they (the department store being sued) have lots of money and she doesn’t.”
Probably that juror satisfied your Intelligence Qualification.
The last time I was called up one of the potential jurors was quickly dismissed after he said that he would absolutely not support punitive damages for any civil case.
Many years ago, I was an alternate juror on a robbery/murder case. We two alternates were dismissed before deliberations, and the prosecutor came in to ask how they did, and we both agreed “slam dunk.”
The guy got off due to a hung jury, and I knew immediately who caused it.
He was re-tried a few months later and sentenced to life.
Way back when I was a pediatrician, my senior partner, who was as sharp as any knife in the drawer, would put his hand up to his ear and say, can you repeat that, I can’t hear you. He was never chosen.
I was actually scheduled for jury duty today, but I got a text last night telling me I wouldn’t be needed.
I was on a jury for a criminal case years ago. There was very little evidence that a crime was even committed, but the accused was homeless guy with a free lawyer (and he got what he paid for). The prosecuting attorney was young and I think they only brought the case to trial so was he could get some court room experience. I thought the complete lack of evidence was obvious, but when we got to the jury room the vote was 10-2 to convict. Me and the other not-guilty voter eventually won the majority to our side but in the end it was a hung jury and two weeks wasted.
Another anecdote from that jury selection process I experienced. At lunch break I sat down in the cafeteria with another potential juror who was a high powered antitrust lawyer from Chicago who nows resides in Palm Beach. He was wearing an expensive suit and carrying a beautiful leather briefcase. After I introduced myself I said I had forgotten the most important rule when you are called for jury duty. Wear a suit and you will never be selected.
The briefcase could be considered overkill but it was nice.
I underwent the selection process twice, in state court and in Federal court.
In the state court, my number was drawn for a criminal case, can’t recall the details. When they asked if anyone had a law enforcement background or had family in law enforcement, I said I was former military police. I was immediately dismissed from that case, but told to return to the jury pool.
Still in state court, I was again called, this time for a medical malpractice case. I was asked if I could give equal weight to the testimony of the plaintiff, a poor, high school dropout, as I could to that of the doctors she was suing. I told them no. The judge said that I had to; I replied that there’s no way I could. Dismissed, and told my service was over.
In Federal court, I was pulled for a case involving financial fraud. We were told during the voir dire the whole thing should take about 6 weeks. Since each side had 3 or more teams of lawyers, none of us believed it. When I was questioned, the judge asked if I would have an issue with serving that long. I told him my wife was pregnant with our second child and was due in 2 1/2 weeks. Dismissed and returned to the jury pool.
I was then called for a criminal arson case where firefighters were killed (fire was on federal property). I told the AUSA that one of our best friends was a lieutenant in the fire department in our city. Dismissed, and told my service was over.
Haven’t been called since.
I assisted a then-friend in an attempted murder trial. And the jury selection process one of the most painful things I have ever witnessed.
I had to hear the judge give the exact same speech to panel after panel. It was effective, though. Many times jurors who were planning on asking to be excused changed their mind.
We on the defense assumed a couple of cops would be called as witnesses, to that end the defense attorney wanted as many minorities as possible. Defense attorney was so successful in her juror choices that the prosecutor never called the cops.
The whole experience has added to my cynicism. The judge was an idiot, the prosecutor was a liar, the prosecutor’s investigator was a bully and a liar, and the defense attorney (who I was working for) is certifiably nuts. And I frankly didn’t care much for the defendant.
But watching the defense attorney in action was something to see. Her behavior was so bad there was a few times I was actually scooting my chair away from her. She was scolded countless times by the judge, and the prosecutor complained bitterly.
Most of the complaints were about her behavior towards the jury. Which I could only describe as almost seductive.
After a few weeks I figured out what the hell was going on – it didn’t matter if the defendant was guilty or not, it didn’t matter if the judge, the bailiff, the court reporter and the prosecutor all hated her guts. All that mattered was that she kept the jury on her side.
And she was successful. Not guilty.
My husband was a good friend of our local district attorney. Every time he got called up for jury duty, my husband would wave to his friend across the room and he’d be dismissed right away. :)
Awesome, an attorney who is in the world’s second oldest profession was practicing the world’s oldest profession. Did any of the jurors ask for her phone number?
Appreciate all the comments on this post. They make me think about how we all (myself included) disparage the jury selection process, and I am wondering if that is justification for shading the truth or for volunteering unsought information to avoid being selected.
Long ago I was taught that “two wrongs don’t make a right” and it just seems correct even when we don’t like the consequences.
I was called Monday. There were about 80 people there. Trial was for a guy that shot a young man in his home three times. The judge dismissed maybe 4 people for state mandated excuses and then about 6 more people asked to be released – she let three of them go. The prosecution and defense asked some questions of the entire body of potential jurors but didn’t single out anyone. After we came back from a half hour break all but 14 people were dismissed (including me). I figured I’d be dismissed since I know the judge and DA fairly well (the judge leaned over as I walked out for the break told me hello and that it was nice to see me). I knew two of the selected jurors and one filled me in yesterday evening. The accused was convicted and sentenced to the maximum of 20 years – I think the charge was aggravated assault. 61 year old guy in a wheelchair; young guy was living in the home with what he thought was his girlfriend and the old guy’s daughter but was in fact the old dude’s 33 year old wife with multiple previous convictions for sketchy financial stuff. The jury never saw the wife/girlfriend at any time.
The only time I ever sat on a jury was a court martial panel. We went back to the jury room and immediately all agreed the guy was guilty but felt that 90 seconds of deliberations were unseemly. So we chatted for about 20 minutes before we went back in. We sentenced the offender (who wasn’t there after we came back for sentencing) to a fairly light sentence. After it was over the judge told us the guy snuck out of the courtroom after the guilty verdict and was still in the wind months later when I got out of the service.
When I was a police officer I was ineligible for jury duty, automatically excluded. After leaving police work behind I was called for jury duty several times. During the voir dire process I let the judge know I was a former police officer.
One time a judge asked me if I could be impartial based upon allowed testimony. I said I could and had to be on the street. There were times your honor that I would get three different stories from the same person, so I had to decide which story was true. He laughed and said your excused.
The judge told us the essence of the juror’s responsibility was determining the truth. Maybe that’s changed.
Did you ever see The Verdict? Sounds like Paul Newman would not have wanted you on that jury. What a shame.
I saw it a long time ago, and don’t remember much of it.
It would be worth a refresher.
I mentioned that one of my sons was an investigator for a huge law firm that deals in medical malpractice. He got out of that business when it became a game of jury selection, but before he left it, he sold a software program he wrote to his employers for many thousands of dollars that could do background checks of hundreds of potential jurors in minutes with a few clicks. He tried to set up an internet investigation company called Kruberra which is the deepest cave in the world. His slogan was, “How deep do you want to go?” Google and every other internet operator shut him down. They were not going to let a licensed investigator who knew how to code to operate on their net.
I was last called in 2016.
For me, the jury assembly room was a doctor’s office without all the coughing. Folks sitting around, necks crooked downward, eyes locked on their personal devices while The Today Show droned on in the background.
The jury pool in Municipal Court was overwhelmingly white and female. Twelve Angry Men had been replaced with Twelve Slightly Annoyed People Mostly Suffering From PMS.
One of the deputy clerks gave us a speech about what we could expect and then automatically dismissed a woman who walked in with a 3-year old girl. Suddenly I saw myself renting out small children in the court parking lot.
There were 25 us there for a jury of 8 (+1). Everyone was silently practicing the answers that they hoped would get them sent home. “Yes, your honor, I do plan on writing about this for Ricochet. Do you know Richard Epstein? Yes, sir, I do have John Yoo’s private email. No, sir, you may not have it.”
That’s our legal and jury system alright. Why I tell my clients the system is run by humans. Who screw up a lot. Actually would like to sit on a civil case other than personal injury but my schedule always got me excused. Maybe will have that luxury after retirement. My experience with juries in the Bay Area have actually been pretty good. Especially in San Jose. Huge numbers of tech type college grads who are pretty smart. Just need two more panels ready to shell out the big bucks.
All you should need is “yes I believe the election was stolen.”
“My experience with juries in the Bay Area have actually been pretty good. Especially in San Jose. Huge numbers of tech type college grads who are pretty smart. Just need two more panels ready to shell out the big bucks.”
I don’t know how to translate that. Maybe the juror pools in the bay area are highly educated but still dumb. I don’t know.
Credentialed maybe, but not smart. Big problem today.
Recall only one really bad verdict in the Bay Area. And that was many years ago. Have had worse results from arbitrators.
Are you saying that the Bay Area juries are especially wise or that you knew how to manipulate them. Why would arbitrators be wiser than citizens?
Arbitrators are supposed to be more experienced, at least.
Arbitrators are usually retired lawyers and judges. Lots of experience. And no juries to worry about. Not saying Bay Area juries any wiser; well, maybe the San Jose ones. San Francisco has lots of Asian jurors. Pretty good group. Just don’t like to give big verdicts, by and large. But might have an exception for them in February.
What’s in Feb?
A jury trial. Hopefully my next to last.