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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.
Published in General
Hmm well I guess if the client was going to be wiped out anyway because of other things, I guess it’s not that bad as long as the lousy attorney and jury consultant didn’t get paid.
I’ve been told by trial attorneys that jury selection is critical
This brings up an interesting (to me) question I’ve asked several of my attorney – clients, and never received what I consider an adequate answer. I’ve testified “a few times” in my cases, and been qualified as an expert in several fields (Kelly-Frye). My knowledge and experience in these fields is virtually certain to exceed that which will be presented at trial.
The answers I’ve gotten basically come down to you don’t have to check your knowledge at the door. But, say, in deliberations, my views could well amount to testimony for one side or the other. Should I keep my mouth shut, and let the other jurors accept a lie?
This is really rhetorical, since I’ll never be permitted on a jury in a criminal case, and these fields are unlikely to enter into a civil case. Still I wonder.
I do have a particular criminal case in mind. I was pre-qualified as an expert, but the prosecution expert was an idiot, to be kind. His testimony and opinion were so wrong that they favored the defendant. So I filled in the defense attorney over lunch, and went home.
That is such a discouraging story….
Yes it is, but in a way the outcome didn’t matter in this case. He couldn’t have paid the amount, and his company went under because of other mistakes he made. Best part, I think, is that the attorney and jury consultant who screwed up, didn’t get paid for losing.