re: Tales from Jury Duty . . .

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Jury duty is a hassle, and there's a lot to criticize about the system, but making someone else do it instead of you is basically the same thing as somebody that doesn't want to work collecting "welfare" stolen from the ones that do.

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That's not a bad analogy, but I like to analogize jury service to voting. In an election, both sides argue why you should choose them, then we all vote, and a winner is elected.

In a trial, both sides argue why you should choose them, then the jury votes, and a winner is elected.

The most aggravating folks are those that are able to vote, but simply don't and then complain about the outcome. That's how I view folks that try their hardest to get off a jury. They are typically also the ones that will tell you how bad the system is and how juries get it wrong all the time, etc. Just like those who don't vote often complain about their representation.

Race/sex/age are absolutely considered during jury selection. There are jurisdictions where if I have an African American client, I'm going to win 99% of the time. There are jurisdictions where if I have an African American client, I'm going to lose 99% of the time. There are jurisdictions where if I have a White client, I'm going to win 99% of the time and vice versa. Those numbers are certainly exaggerated a little for effect, but the point remains the same. People respond more positively to others that they perceive to be like them. The one exception to that rule is women. Women are super tough on other women. If you have a woman as a client and an all woman jury, your client's probably in trouble.

There is such a thing as a Batson challenge, which is sometimes made if either attorney thinks the other struck somebody just for race/gender/nationality reasons. After the preemptory strikes are made, you'll hear a judge ask if either of the attorneys has any motions. If one of them says yes and they talk with the Judge in private, the attorney that said yes is arguing to the Judge that the other attorney struck somebody solely for one of the above grounds. If the Judge comes back out and nothing happens other than the case moves forward, then the Judge overruled it. If the Judge comes back out and asks that person to be reseated in the Jury, then the Judge agreed with the challenge. A Batson challenge is hard to win though.

I also don't necessarily agree with the idea that I'm only looking for people with open minds who will consider the case. My job is to win for my client. I'm looking for those persons that most closely align themselves with attributes that will help him/her/it in the presentation of the case. If you don't fall into that category, I don't care how open your mind is. I'm not going to overcome someone's long-held, core belief on an issue.

I have been "in the box" three times.

The first case involved a Delta Airlines employee who was trying to reduce his child support payments. His lawyer made the case that these payments were initially based on his salary which included overtime. His income had decreased substantially since then and he wanted a reduction.

An aside, his ex hired Westmoreland out of Macon and they proceeded to tear his a-hole apart.

3 DUI's. No licence. Paying his girlfriend to drive him to work. His bankruptcy filing when he couldn't make the payments on his girlfriends trailer.

I learned from an alpha that stated that he really didn't have time for this stupid shite. He spoke up and called for a vote.

I was selected by a team of attorneys prepping for a civil trial (death involved) where they would be asking for big money. 40 people on 2 panels heard arguments from attorneys for plaintiff and defendant. We then deliberated and voted for or against, then came to agreement on an award. Was very interesting.
Got paid $175 cash for a days work.

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Tales from Jury Duty . . .

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-the judge making six figures off your stolen taxes wears some kind of weird ceremonial mideivil times robed deity costume. Check
-this judge is seated at a desk built 6 feet taller than anything else in the room. To further promote the illusion of omnipotence. Check
-the smell of halitosis and stale farts. Check.

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One guy saying you should not try to avoid duty because you may need a good jury yourself one day. Like there is some kind of correlation or maybe jury karma? Has anyone ever gotten in trouble for lying to avoid jury duty? I have never been called

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Well, when you eventually get called one day, have a look around the room. I guarantee you that the crowd in there will not resemble your own circle of friends and people you surround yourself with every day. You may even find yourself frightened by the idea of some of the people in there being in charge of deciding your fate if God forbid you ever ended up on trial before them. And you might hope that more responsible people would take jury duty seriously. Also, which one is a George Carlin ripoff?

Personally I think juries should have qualifiers but someone would claim discrimination. For a robbery anyone should be callable. For tax fraud a financial background would be required. Etc. it would be nice to see lawyers win based on facts and evidence rather than showmanship and emotions. Razzle Dazzle. And the Summary verdict is much abused. A single judge deciding a case cannot get a trail. It's good to weed out frivolous cases with no true claim but is abused to throw out cases with merit.

"I can tell a guilty person just by looking at him" is an old George Carlin joke.

I was called for a child molestation case in Paulding. It was a 45 y/o dude who was accused of repeatedly having relations with a 15 y/o girl who was the daughter of a friend of the family that was letting dude stay with them while he was down on his luck.

The counsel for the defense asked me if I could listen to the evidence and rule impartially. I told him that given the circumstances, particularly the age difference and the number of times the assaults occurred, there's no way in hell that I could be impartial about the allegations and shame on anyone who could.

I was dismissed.

You don't accidently rape a fifteen year old girl half a dozen times over six months.

Hell, maybe you do.

just in any way shape or form let the lawyers know you believe in jury nullification. You will be down the road.