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Post by Auf Kiltre on Feb 6, 2024 14:48:32 GMT -5
My wife and I were talking about hypotheticals and jury duty came up. It brought to mind a scenario where a prospective juror would not want to answer a question. Not necessarily out self-incrimination, but let's say their truthful answer could be considered contempt. Can a prospective juror plead the fifth, or cite any other amendment to not answer a question?
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Post by reverendrob on Feb 6, 2024 15:28:17 GMT -5
I would ask for pre-emptive forgiveness, so to speak - "Your honor, I would like to be able to answer this question - but I am afraid my honest answer might be considered 'inappropriate' for a courtroom."
Go from there, with guidance, if you're not comfortable, then I'd just say "I cannot honestly answer this question without possibly exposing myself to contempt charges."
If the judge exempts you, go for it.
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Post by Auf Kiltre on Feb 6, 2024 16:05:56 GMT -5
Yeah, I'm not faced with this scenario, was just curious if an honest answer could be considered disrespectful to the court and also taint the jury selection process.
"Yeah, what he said!!"
😆
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Post by reverendrob on Feb 6, 2024 17:10:45 GMT -5
Yeah, I'm not faced with this scenario, was just curious if an honest answer could be considered disrespectful to the court and also taint the jury selection process. "Yeah, what he said!!" 😆 When in doubt, be honest with the judge - you can't commit perjury, and you don't have luxury of your own counsel in that case. 99.9% of the time though you can phrase it in such a way it's not contempt. "I do not accept the validity of this jury trial system" isn't contempt.
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Post by Auf Kiltre on Feb 6, 2024 17:49:42 GMT -5
After my last selection for jury duty the judge told us that due to the nature of the trial no judge will ever want us in their courtroom. I kinda know what he meant. Articulating it to a different judge could require careful wording. I've been excused before for a potential medical malpractice case based on experiences with my dad's cancer treatment by saying that it left me feeling a bit jaded and cynical toward the medical field. Articulating it about the judicial system might be trickier if I'm ever called again.
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Post by Leftee on Feb 6, 2024 17:56:12 GMT -5
I find oddly-timed maniacal laughter effective.
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Post by LTB on Feb 6, 2024 18:02:01 GMT -5
I find oddly-timed maniacal laughter effective. I nearly burst out laughing at the thought of this in court! You are hilarious but that would do it and not incriminate at the same time 😂
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Post by Auf Kiltre on Feb 6, 2024 18:50:32 GMT -5
I find oddly-timed maniacal laughter effective. I remember a classmate that wasn't quite right and prone to laughing outbursts. He'd hold his knuckles up to his eyes like he was making a crying gesture, and laugh and giggle uncontrollably. LIke that? 😂
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Post by Leftee on Feb 6, 2024 18:55:57 GMT -5
That certainly is a good method.
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michael
Wholenote
Recent Retiree
Posts: 620
Age: old enough to know better and not care
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Post by michael on Feb 7, 2024 9:13:03 GMT -5
i don't have much experience with jury duty. i was called for local duty twice. the first time i didn't read instructions, just showed up in my normal summer attire, short pants, polo and gym shoes. i was sent home to change with a warning. i returned and during my interview i told them i was not against hearing the case and deciding guilt but i didn't like assigning punishment, i felt that was the judge's job. i was dismissed.
the 2nd time, i repeated the statement, was dismissed and have not been recalled.
i was called for federal jury but we never met. i complained to them that i was 2 hours away from that court but 45 minutes from another, why couldn't i be reassigned... they didn't like that much ;-) i haven't been recalled.
what type of things said would get me in trouble?
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Post by Auf Kiltre on Feb 7, 2024 10:00:52 GMT -5
I suppose blatant disrespect for the court wouldn't be taken well by a judge, especially if he/she thought the objective was to get out of jury duty. One time back in Michigan the ornery judge told the bailiff to have law enforcement go pickup the no-shows. It felt a bit showy, like he was asserting his power for the jurors.
Just to be clear, I'm not trying to make this a get-out-of-jury duty thread, but just wondered about the specific issue of stating something during selection that could be construed as contempt. I suppose articulation is everything.
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Post by Leftee on Feb 7, 2024 10:10:31 GMT -5
If you’re speaking honestly and respectfully I don’t think it would be an issue.
I would also black out every other front tooth.
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Post by Auf Kiltre on Feb 7, 2024 11:01:40 GMT -5
I would also black out every other front tooth. Yeah, that would most certainly enhance the maniacal laughter effect. Drifting off topic a bit, but that reminds me of the jury selection process back in Michigan for the med malpractice trial. The group was given a bit of a tour by a female prosecutor. Standing next to me was a guy that looked like he was homeless. When she was introduced the guy (muttered not so quietly) "That's thum nathy (expletive) ". Heads turned and I stepped a few feet away from the guy. I saw him later talking to the court clerk saying "I don't think I'm thupossed to be here". He didn't make it into the courtroom.
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Post by Leftee on Feb 7, 2024 11:09:21 GMT -5
It enhances either approach.
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chucksmi
Wholenote
Posts: 174
Formerly Known As: Offshore Angler elsewhere
Age: I saw Jerry Live
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Post by chucksmi on Feb 7, 2024 16:06:44 GMT -5
I'd just show up in my "Pass the Doobie Scooby" shirt. Is that willful disobedience? Yeah, but once you get held in contempt they'll strike you anyway. The last thing either council wants is a juror with an attitude.
Truth be told, I did political campaign assistance for the Assistant District Attorney who is now a judge, so that pretty much disqualifies me.
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Post by Mfitz804 on Feb 7, 2024 17:07:20 GMT -5
Speaking for the process here, it would be almost impossible to get charged with contempt as a potential juror. More likely than not they would just send you on your way.
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Post by Leftee on Feb 7, 2024 17:08:47 GMT -5
I take that as a challenge.
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Post by Mfitz804 on Feb 7, 2024 17:15:52 GMT -5
I take that as a challenge. As someone who has been bored out of his mind while selecting a jury, I would welcome it lol.
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Post by Auf Kiltre on Feb 7, 2024 17:36:52 GMT -5
As someone who has been bored out of his mind while selecting a jury, I would welcome it lol. When sitting through the selection process for what we were told would likely be an 8 week medical malpractice trial the judge was visibly getting agitated with all the excuses. When he got to me he said in a frustrated voice "Aaaaand...do you have any reason why I should excuse you too?" I replied "While I nor anyone I know has sued for malpractice I really feel it was warranted on a number of occasions when my father was diagnosed with the cancer that eventually killed him". The judge at this point was resting his face on his fist, looked at the plaintiff's attorney and said "well I bet you'd love him on your side....you're excused".
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Post by slacker 🐨 on Feb 8, 2024 14:32:04 GMT -5
I take that as a challenge. As someone who has been bored out of his mind while selecting a jury, I would welcome it lol. This. I legitimately felt sorry for the lawyers during voir dire when I was selected to report last summer. Holy hell asking the same questions over and over, I had a hard time staying awake. I was never in the pool....they struck about 8 people but I got lucky with the subsequent additions. I didn't want to be on the jury but would not have deliberately tried to get let go. Based on an interaction with a police officer back in my early 20's, the prosecution would probably not have wanted me. Probably not enough to strike for cause, but I could easily see them using one of their freebees to get rid of me.
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Post by Auf Kiltre on Feb 8, 2024 15:02:21 GMT -5
The one case I served on I noticed the prosecutor spending a lot of time on her laptop during jury selection. It made me wonder how much they were digging into social media and public profile of the people they were interviewing.
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Post by rdr on Feb 8, 2024 15:28:11 GMT -5
I've been on a jury, took it seriously, and found it interesting. However, if you wanted to get off, you could just ask them to explain "jury nullification ".
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Post by markfromhawaii on Feb 8, 2024 21:56:16 GMT -5
I recently sat for the first round of jury selection. I passed voir dire but disclosed that I knew folks in law enforcement and my cousin is an assistant attorney for the State’s DA office. Next step is peremptory challenge where the prosecutor or defense attorney can ask the judge to excuse a juror for any reason. So I was excused.
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Post by RufusTeleStrat on Feb 9, 2024 0:07:18 GMT -5
The one case I served on I noticed the prosecutor spending a lot of time on her laptop during jury selection. It made me wonder how much they were digging into social media and public profile of the people they were interviewing. Just as with employment and other areas of public life, out public personal social profile becomes an issue depending on how free we are with our opinions.
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Post by slacker 🐨 on Feb 13, 2024 8:49:59 GMT -5
I recently sat for the first round of jury selection. I passed voir dire but disclosed that I knew folks in law enforcement and my cousin is an assistant attorney for the State’s DA office. Next step is peremptory challenge where the prosecutor or defense attorney can ask the judge to excuse a juror for any reason. So I was excused. When I was in the pool, the process went differently than I expected. I don't remember the numbers (how many in the final jury, how many alternates or how many they can dump without cause), but they did all the questioning with that many total. Every time they dismissed one for cause, they'd draw a name from the overall pool to fill the spot. Once they were done with all that, they used their challenges by passing a clipboard back and forth, taking turns eliminating prospective jurors. Then they had everyone leave the jury box and called back the ones who were to sit on the jury plus the alternates. I expected something more dramatic with the peremptory challenges.
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