Jury Duty and Nullfication

Parent Cafe
1

<p>I wanted to ask the parents here, since many of you know my views all to well. I have to serve Jury Duty in January and was planning during voir dire to claim my belief in jury nullification. I was playying on saying something along the lines of</p>

<p>"I strongly believe in jury nullification and believe I am ethically and morally
bound to uphold such, given the tyrannical and oppressive nature of our
government, especially our judicial branch. I tell the court this to its own
convenience, I will consider all facts and evidence and judge accordingly.<br>
Though I do uphold my right to judge the laws at hand. "</p>

<p>The problem is I really dont want to be held in contempt, but if I said otherwise I would be lying. I could never give a guilty verdict, ever. It could be up to me to convict a man who raped 5 children and killed them and I would free him every time. So what should I do, when telling the truth will likely put me in contempt and lying will also do the same.</p>

2

<p>Then, perhaps its time that you become a Citizen.</p>

3

<p>Ignore your prepared statement. Say this, easily and simply, as you did here:

Add that you could not convict no matter what the evidence. </p>

<p>For a statement like that, you will not be held in contempt.</p>

4

<p>Nor would you be picked for a Jury - however you still would have to show up.
Then when jury selection occurs in the court room and the judge asks the question you can stand and give him your answer.</p>

5

<p>Why on earth would you not want to be part of a jury? Do you not believe in evidence? In facts? In truth?</p>

6

<p>Simply amazing!</p>

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<p>Do you know it will be a criminal trial? It could be a civil trial between two private parties, in which case guilt would not be an issue.</p>

8

<p>I agree with Chevda.</p>

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<p>You are given a controlled environment and a box with a small window with to look at the truth. Witnesses lie. Lawyers can do a poor job. One need only look at the Duke Lacrosse Case and how the Grand Jury was presented with a limited and slanted view of evidence to make their decision. When the judges, prosecutors and police conspire to frame, you don’t have justice.</p>

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<p>Our Grand Jury process is a joke and our Court Rooms are nothing more than guilty factories that exaggerates punishment for those that have the audacity to maintain their innocence. “Jury Nullification” is the duty of a Jury when that Jury sees fit to exorcise the option. But most Jury’s are intimidated not to do exercise that option, based upon a well founded fears.</p>

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<p>Its not that I don’t believe in facts. I would say the sun exists because I can see it, though I also have to consider the possibility that my senses could be fooling me. I cant say that a crime occurred, because I was not a witness to it. All information I am told is simply hearsay from people whom will twist and turn the data to get there way.</p>

<p>I also really could never live with myself knowing I put another person in jail, revoking their freedom.</p>

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<p>Personally, I would not want someone to be a part of a jury if they did not want to serve. Now, I suppose one could argue that the courts could then probably not find enough jurors, but I believe that there are just as many citizens that do want to serve on juries as there are that do not. I also think that if you have served/been on jury duty, then you should not have to repeat the process. Given the amount of citizens in this country, once is enough in my book. Why not require college students to serve on juries as part of the learning process? Certainly that would open up a whole new list of individuals to participate. I stand by my original position–sure would not want someone on a jury that really did not want to participate and showing up every day just to be in the pool is both a waste of taxpayer money and loss to the individual with regard to employment!</p>

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<p>Ummm, College students can and do serve on juries. Both of my kids were served while in college but could not participate due to the fact that they attended college out of state during the time the trials were to take place. Both of them would have liked to have done it if they could have. I think it’s the right, responsibility and privilege of every American citizen over 18 to serve on a jury. </p>

<p>Saying you don’t want to because, “I also really could never live with myself knowing I put another person in jail, revoking their freedom.” is a cop-out. Someone has to make that decision and a jury does it to the best of their ability. Life and decisions are not always easy but we ALL have to make them.</p>

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<p>[The</a> Innocence Project - Home](<a href=“Innocence Project”>Innocence Project)</p>

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<p>Short story: Agree with JustAMomOf4 that you will not be picked to serve on a jury.</p>

<p>Long story: </p>

<p>When I had jury duty for a criminal trial, they asked us a number of questions. The first one was:</p>

<p>Q: Do you believe that the purpose of our criminal justice system is punishment or rehabilitation?</p>

<p>Kind of a poignant question, really, and my guess is that it was probably there to separate the prosecution-sympathizers from the defense-sympathizers. Anyway, there were 150 or more of us in the room, but prospective jurors certainly can’t stay silent, hide or “blend in”, because the judge and lawyers ask each individual, seat by seat, row by row, each question. </p>

<p>The defendant was accused of aggravated robbery and I believe the sentence could have ranged from parole to 20 years. After dozens of other questions (about what “aggravated” means, what are examples of weapons, what we think of the defendant’s appearance, etc), the question to the prospective jurors was something like - and I know I don’t have this exactly right: </p>

<p>Q: Could you imagine yourself imposing the lightest sentence (parole)?</p>

<p>Anyone who answered NO was excused. Then,</p>

<p>Q: Could you imagine yourself imposing the toughest sentence (20 years)?</p>

<p>I and a couple of others said NO and were excused. </p>

<p>My point being… At some point during jury selection, you will be asked in some form or fashion if you will follow the law concerning whatever criminal or civil action is being argued. If you tell them that you will not follow the law, then you will be excused, which seems fair to me.</p>

<p>Caveat: I’m generalizing from my limited experience. There are plenty of parent-lawyers on this board who could add more info.</p>

16

<p>Judges usually don’t ask for speeches from possible jury members. The judge usually asks questions and then the attorney’s ask questions. You should answer all questions honestly but be aware that judges are used to having people make up excuses to get out of jury duty. It’s usually a big mistake to make up excuses.</p>

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<p>Speaking as a former prosecutor, I agree with Chedva that if you are on a jury panel for a criminal case, you will have plenty of opportunity to state that you could never convict in any case. You will not be selected as a juror. For those of you who are making derogatory remarks about the prosecution side of a criminal trial, please know that there are parts of this country where it is almost impossible to get a guilty verdict, no matter how much evidence the prosecutor has. I know, because I worked in one such area of the country.</p>

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<p>It’s rather odd that you don’t see the connection between one and the other.</p>

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<p>“One need only look at the Duke Lacrosse Case and how the Grand Jury was presented with a limited and slanted view of evidence to make their decision.”</p>

<p>Grand juries are always presented with a limited and slanted view of evidence. That is the way the process works. Only the prosection presents evidence, since the purpose of the grand jury is to determine if there is sufficient evidence (not absolute proof of guilt) to warrant a charge being filed. The purpose is not to actually convict the defendent of the charge.</p>

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<p>There’s a very small chance you’ll actually be considered for a trial anyway, so don’t sweat it. You’ll either find out the night before that you’re not needed at all, or kill a few hours in a holding room until you’re dismissed. But in the latter case you can always rant about the system to the poor slob waiting next to you.</p>