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(ABC)   How to avoid Jury Duty: arrive disheveled, act crazy, claim you have PTSD. How to get caught avoiding Jury Duty: call in to a radio show and brag about how you got out of jury duty   (abcnews.go.com) divider line 24
    More: Fail, PTSD, jury duty, NYU Langone Medical Center, Denver District Attorney, court reporter, anxiety disorders, jury selection  
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5881 clicks; posted to Main » on 14 Nov 2012 at 1:45 PM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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Archived thread
2012-11-14 12:40:12 PM
4 votes:
People who try to get out of jury duty are like people who don't vote.

They deserve no right to complain about anything the government does.
2012-11-14 02:36:28 PM
3 votes:

4of11: Is it a crime to refuse to take the oath?


Yes, it's called "Contempt of Court". In practice, refusing to follow the lawful order of the judge (such as to take the oath) can result in indefinite imprisonment, though in practice it will more likely lead to a suspended jail sentence of some amount (depending on the state) and/or a fine.

4of11: In any event, as far as I can tell, the overall consensus is that jury nullification is entirely legal (for example: I'd take Straight Dope over your word). There's just no requirement to inform jurors of it.


You might want to read that article more closely; it makes it clear that it isn't actually legal (and they completely ignore the issue of perjury/contempt, which is a dead giveaway that it's a flawed article). Their quote is here: " So while ignoring the law is not what the jury is supposed to do, the practical fact is that jurors cannot be stopped from doing it. In that sense, it's legal."

You also might want to look at the current shenanigans around the jury foreman in the US Samsung v. Apple case; while normally the court will not inquire as to deliberations, it will do so when it appears a juror has subverted the legal process (such as in nullification). If you never given any evidence it happened, then nothing will happen, but if another juror were to tell the judge you were advocating that they violate their oaths, then you're in trouble.

There is a difference between it being difficult to prosecute a crime, and that crime not existing.

But hey, feel free to risk your life, liberty and rights just so you can feel like you're better than the rest of us and aren't obligated to follow the law.
2012-11-14 02:27:44 PM
2 votes:

Aarontology: People who try to get out of jury duty are like people who don't vote.

They deserve no right to complain about anything the government does.


This. Dodging your civic responsibilities means that you hate your country. It boggles my mind how irresponsible most people are.
2012-11-14 02:12:54 PM
2 votes:

4of11: Aarontology: People who try to get out of jury duty are like people who don't vote.

They deserve no right to complain about anything the government does.

Ironically, my belief that jurists should not merely pass judgement on the evidence, but also have an actual say on what the government does, i.e., jury annulment, would surely get me excused from being on a jury.


(a) Nullification, not annulment, is the preferred term for the crime you're talking about.
(b) Nullification is, as I just said, criminal: if you swear an oath to uphold the law as instructed by the court (which is what all jurors must do) and then proceed to act in direct contradiction with the law (i.e. to refuse to find guilt because you dispute the law as opposed to the evidence) then you commit perjury. If you're open to the court (i.e. telling them that you believe in nullification) this doesn't change the fact that your Oath is violated by nullification.
(c) The next time you're proud of nullification, remember that it has been used for as much evil as good: every time a jury of Good Ol' Boys let off a Southerner who murdered a minority, it was nullification, just as much as whatever crime you're proud to ignore. If you think you're above the system of laws the rest of us abide by, you're better than any other criminal.
2012-11-14 02:00:44 PM
2 votes:

the ha ha guy: So if someone can't afford to live on $5/day while on jury duty, they shouldn't have the right to complain?


Check your state's laws. Odds are your company has to pay you full wages for some of the time, and the state picks up a decent portion for the rest. Also, many states have laws that exempt anyone who would face financial hardship from serving on a jury

But let's not pretend that the people who try to get out of it are doing it for financial reasons. They're doing it because they're lazy, ignorant citizens.

pute kisses like a man: although, it may be the case that people who don't vote will never be called in for jury duty...


My state gets their potential jury pool from the DMV and tax records.
2012-11-15 12:43:24 AM
1 votes:

Aarontology: People who try to get out of jury duty are like people who don't vote.

They deserve no right to complain about anything the government does.


The ones with no right to complain are those who consent and approve of the system, not those that object and refuse to participate.
BHK
2012-11-14 04:03:19 PM
1 votes:

Aarontology: People who try to get out of jury duty are like people who don't vote.

They deserve no right to complain about anything the government does.


It's just the opposite. You vote, so you have no right to complain when the voters decide something you don't like. Those who don't participate have every right to complain about your attempt to force your morals on them.
2012-11-14 03:59:30 PM
1 votes:

kevinfra: Hey, here's an idea.

When you get a summons for jury duty, instead of whining and trying to get out of it - think to yourself, "I'm really lucky to live in a country where citizens have the power to determine the guilt and innocence of a suspect - not some goverment bureaucrat."


Sure, but the bureaucrats decide the punishment.
2012-11-14 03:36:49 PM
1 votes:

DeathByGeekSquad: Aarontology: People who try to get out of jury duty are like people who don't vote.

They deserve no right to complain about anything the government does.

Actually, I reserve the right to complain because I chose not to endorse the lesser of two evils. There is a difference between being too lazy to vote, and having an actual reason to not vote. I do not trust either candidate, I am not willing to become an additional tally that they feel endorses their entire platform.

The jury reaper hasn't come knocking, but I'm actually quite curious about the process and have heard conflicting stories from various people who've been called.


If only there were more than two candidates...or other issues on the ballot besides the presidency.....

Wait, did I just get trolled?
2012-11-14 03:36:39 PM
1 votes:

the ha ha guy: Aarontology: People who try to get out of jury duty are like people who don't vote.

They deserve no right to complain about anything the government does.

So if someone can't afford to live on $5/day while on jury duty, they shouldn't have the right to complain?


You have one duty as a citizen of the United States and that is to sit in judgement of a fellow citizen. Jury duty is literally a group of fellow citizens acting as the sovereign of the United States. I'm all ways amazed at the people who whine about a jury ruling, but do everything they can to get out of jury duty.
2012-11-14 03:26:53 PM
1 votes:

the ha ha guy: Aarontology: People who try to get out of jury duty are like people who don't vote.

They deserve no right to complain about anything the government does.

So if someone can't afford to live on $5/day while on jury duty, they shouldn't have the right to complain?



Don't lie, file for a hardship.  There's a system in place to handle these things.  I have no problem with someone trying to get out of jury duty if it honestly would cause them harm.  Just do it the right way.
2012-11-14 03:21:39 PM
1 votes:

mattharvest: (b) Nullification is, as I just said, criminal: if you swear an oath to uphold the law as instructed by the court (which is what all jurors must do) and then proceed to act in direct contradiction with the law (i.e. to refuse to find guilt because you dispute the law as opposed to the evidence) then you commit perjury. If you're open to the court (i.e. telling them that you believe in nullification) this doesn't change the fact that your Oath is violated by nullification.


In New Hampshire, it is required by law that, as of Jan 1, 2013, the jury may be informed that they judge both the facts and the law:

519:23-a Right of Accused. In all criminal proceedings the court shall permit the defense to inform the jury of its right to judge the facts and the application of the law in relation to the facts in controversy.

HB 146, signed into law this year.

So, no, nullification is not a violation of the juror's oath. It is a legitimate application of the historical purpose of the jury system, the entire reason why it was enshrined in Constitution as a right of the accused. If the oath demanded by the court is not consistent with this purpose, the oath itself is illegitimate and void.
2012-11-14 02:34:46 PM
1 votes:

CheneyTheDick: honestly, it's so easy to get out of jury duty without even lying, I don't know what the big deal is. The thing that scared me was how many people WANTED to be on a jury for the $40 a day

//yay brooklyn
/8 years til I'm called again


All I do is answer the questions about my level of education and what kind of work I do and speak in complex sentence, using formal English and I am dismissed. Lawyers really do want only stupid people on juries if they can swing it. I got called once and a painfully stupid woman argued that she could not be called for jury duty because she lived in the city, not the county and this was the county court, not the municipal. The judge tried to explain it to her four times before giving up and telling her that she needed just accept that she was rightfully called. The defense attorney immediately said "This juror is acceptable, your honor."
2012-11-14 02:09:31 PM
1 votes:
I had jury duty in 1999. It was a bizzare real estate case. I did not expect to be picked, but both attorneys were keen on me being on that jury and I was the first one agreed on.

It was interesting for about an hour. After the first break, I wanted to strangle four of the other five jurors. The Judge gave explicit instructions (don't discuss the case, don't do your own research, etc.) and of course they want to discuss the case during lunch.

A week of this boring crap and constantly trying to not be engaged by the other jurors during breaks had me pretty flustered. I was trying to take it seriously, as it was a property dispute and I wanted to make sure I understood what was going on.

Then the judge declared a mistrial after a week.

Next time I'm declaring bias and getting my happy ass outta there
2012-11-14 02:08:55 PM
1 votes:
I would love to be on a jury for a case so i can finally have my chance to nullify, but with my luck it will probably be someone on trial that is even more despicable than a judge/prosecutor, they're rare, but they're out there.
2012-11-14 02:07:59 PM
1 votes:

Aarontology: People who try to get out of jury duty are like people who don't vote.

They deserve no right to complain about anything the government does.


Actually, I reserve the right to complain because I chose not to endorse the lesser of two evils. There is a difference between being too lazy to vote, and having an actual reason to not vote. I do not trust either candidate, I am not willing to become an additional tally that they feel endorses their entire platform.

The jury reaper hasn't come knocking, but I'm actually quite curious about the process and have heard conflicting stories from various people who've been called.
2012-11-14 02:07:51 PM
1 votes:
Or you just respond to the summons by saying you're on vacation/out of the state on business.

I've been on vacation since 1994.
2012-11-14 02:07:50 PM
1 votes:
I have a question for anyone who might know: Once you have been the victim/witness of a violent crime that has made its way through the court system do they just take your name off of the potential jurors list?
2012-11-14 02:06:40 PM
1 votes:

4of11: Aarontology: People who try to get out of jury duty are like people who don't vote.

They deserve no right to complain about anything the government does.

Ironically, my belief that jurists should not merely pass judgement on the evidence, but also have an actual say on what the government does, i.e., jury annulment, would surely get me excused from being on a jury.


Hehehe the two golden words that will get you out of any jury duty: Jury Nullification

I've actually wanted to sit in a marijuana possession trial, just so I could use that.
2012-11-14 01:58:47 PM
1 votes:
I get called for jury duty every three years, like clockwork. As soon as I tell them I'm a psychiatrist, I get dismissed by the ADA.

Who knew prosecutors didn't like psychiatrists?
2012-11-14 01:57:07 PM
1 votes:
be an engineer

I got booted (by the defense) right away. Many engineers I know had similar experiences. I think defense lawyers have something against engineers.
2012-11-14 01:54:15 PM
1 votes:
CSB: I got called for jury duty a couple of months ago and one of the potential jurors didn't show up. Her excuse was that she was at a bachelorette party the night before and she was pretty hung over. When the clerk informed her that it didn't matter, the juror said she was sure she was still to drunk to drive. This was on a Monday morning and the bailiff informed us that they'd be paying a visit to that young lady real soon...
2012-11-14 01:47:28 PM
1 votes:

wee: It's hard to get jury duty seems like. I can't imagine having to work very hard to avoid it...


From the experiences of friends, the more you don't want to do jury duty, the more likely you'll be on it.

So act like you really want the job.
wee [TotalFark]
2012-11-14 01:44:03 PM
1 votes:
It's hard to get jury duty seems like. I can't imagine having to work very hard to avoid it...
 
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