re: Tales from Jury Duty . . .

quote:

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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.