This law is stupid. I can easily find where I'm going in unfamiliar places.
Other people, like my wife, would get lost and panic. Can someone be
prosecuted for comtempt of court for getting lost?
If it's over 50 miles you can have it waived.
Or, just call the court clerk and tell them you are a felon.
Just a question from a foreigner: Do you get paid for jury duty? And if
so, is it a reasonable sum? As far as I know most countries that have
jury duty pay the jurors, but it isn't always a reasonable sum.
(The French system is actually quite good. There, jurors serve for a
month, during which time they get paid by their employer. Do it once,
you never have to do it again.)
Martin Holterman
>Just a question from a foreigner: Do you get paid for jury duty?
>And if so, is it a reasonable sum?
$15/day in L.A. County. BFD, eh?
--
Jafo
Plus mileage.
DCI
Guys, it aint that difficult to get your service transferred to a
closer court.
I was called once for jury duty in Florida in 1997, for one day (I am
retired). Since I have yet to be called again, I assume that they were upset
that they had to pay me.
> > This law is stupid. I can easily find where I'm going in unfamiliar
> places.
> > Other people, like my wife, would get lost and panic. Can someone be
> > prosecuted for comtempt of court for getting lost?
> Absolutley, Under Los Angeles County Compulsory Jury Duty System
> Wives can be fined $1500.00 for failure to find the distant courthouse.
> Guess who really has to earn the money to pay the fine within the
> marriage ??
> I also rechecked the Bill of Rights of the U.S. Constitution and even
> though
> it provides accused people the PRIVELIGE of a jury trial there is
> nothing
> that prevents a voluntary jury and there is nothing that says jurrors
> have to be randomly selected.
> http://www.law.cornell.edu/constitution/constitution.billofrights.html
> As far as I know the number 12 is not required.
A jury by definition has to have 12 people. Unfortunately, the Supreme
Court isn't too concerned about what the words in the Constitution actually
mean, and it ruled that a noncapital jury in a state court can have as few
as 6 people, allowing judges and lawyers to manipulate the outcome more
efficiently and reducing ordinary citizens' opportunity to participate in
government. Needless to say, a lot more than just 12 people still make it to
voir dire when it's only 6 people on that jury.
If anything, jury selection should be made more random, by removing
many of the challenges for cause and all of the peremptory challenges.
Further, jury summonses should be enforced in some way that would not
be too punitive, but would be insistent, such as giving no-shows the
option of either coming next time or paying a fine. This would make
jury service more random and representative than it is at present.
Of course, Eric, you must see that you are arguing against yourself:
first you say that smart people would VOLUNTEER for jury service if
they could, but that they are ducking out of it now. Obviously, those
who choose to duck out would be the last to volunteer.
Clay S. Conrad
Chair, American Jury Institute
Moreover, the number of jurors is fixed by statute in every
jurisdiction in the US. Generally it is 12 for felonies and Six for
misdemeanors, but in Utah it is 8; in Florida it is 6 except for
capital crimes (12). In Louisiana and Oregon the juries need not be
unanimous. Juries are not required by the US Constitution in any crime
with a maximum sentence of less than one year (generally,
misdemeanors.) This is the Petty Offense Doctrine, which is subject to
some constitutional criticism.
ericmatteson...@hotmail.com wrote:
> In the All volunteer Jury System I have proposed each jurror would
> have their tax returns checked including W-2s to verify that they will
> not be assigned to any case involving their own employer or any
> subcontractor or supercontractor of their current employer. IRS
> computers would be checked during each volunteer jurors background
> check and cases with conflicts of interests would not be allowed in
> my all volunteer jury system.
This is meaningless. MADD isn't an employer of many people - but
groups like MADD would be doing everything they could do to get their
people onto DWI juries. And it would go on from there. Jury selection
would be a battle between special interest groups who tried to get
their people onto juries, not a selection from a random group of the
general public.
> > If anything, jury selection should be made more random, by removing
> > many of the challenges for cause and all of the peremptory
> challenges.
> Is the current fine of $1500.00 too punitive for a poor person in
> Los Angeles County who has no car and no way to get to a distant
> courthouse that is not on a bus route ??
> In Los Angeles county the compulsory version of the jury selection has
> jurror candidates summoned to distant courthouses and nobody is
> summonned to a courthouse near where they live!
If $1500 is too much, then they can always show up. And the problems
of summoning people to the wrong courts certainly has no connection to
having volunteer jurors. That is like saying that Mazda Miatas are
dangerous cars, and they are usually read, so we will ban the color red
from being used on cars.
> One of the problems with the compulsory system is that 65 per cent
> of jurrors get rejected during selection at L.A. county.
No reason to believe volunteer jurors wouldn't be rejected even more
often, as they'd probably be volunteering to further some agenda
anyway.
> The worst type of rejection is when a lawyer on either side rejects
> a jurror because they are too smart or too well educated to be fooled
> by a lawyers tricks and deception.
A myth. Those who think they are rejected for being "too smart or too
well educated" are usually rejected for other reasons - such as being
too opinionated or too close-minded.
>My version of an All volunteer jury
> would make it more difficult for lawyers to reject jurrors because
> they are too smart to be manipulated by lawyers tricks.
That is not the reason lawyers reject jurors, and the numbers of
peremptories can be reduced without having to resort to volunteer -
i.e., stacked - jury pools.
Clay S. Conrad
Chair, American Jury Institute/Fully Informed Jury Association
ericmatteson...@hotmail.com wrote:
> In the All volunteer Jury System I have proposed each jurror would
> have their tax returns checked including W-2s to verify that they will
> not be assigned to any case involving their own employer or any
> subcontractor or supercontractor of their current employer. IRS
> computers would be checked during each volunteer jurors background
> check and cases with conflicts of interests would not be allowed in
> my all volunteer jury system.
This is meaningless. MADD isn't an employer of many people - but
groups like MADD would be doing everything they could do to get their
people onto DWI juries. And it would go on from there. Jury selection
would be a battle between special interest groups who tried to get
their people onto juries, not a selection from a random group of the
general public.
> > If anything, jury selection should be made more random, by removing
> > many of the challenges for cause and all of the peremptory
> challenges.
> Is the current fine of $1500.00 too punitive for a poor person in
> Los Angeles County who has no car and no way to get to a distant
> courthouse that is not on a bus route ??
> In Los Angeles county the compulsory version of the jury selection has
> jurror candidates summoned to distant courthouses and nobody is
> summonned to a courthouse near where they live!
If $1500 is too much, then they can always show up. And the problems
of summoning people to the wrong courts certainly has no connection to
having volunteer jurors. That is like saying that Mazda Miatas are
dangerous cars, and they are usually read, so we will ban the color red
from being used on cars.
> One of the problems with the compulsory system is that 65 per cent
> of jurrors get rejected during selection at L.A. county.
No reason to believe volunteer jurors wouldn't be rejected even more
often, as they'd probably be volunteering to further some agenda
anyway.
> The worst type of rejection is when a lawyer on either side rejects
> a jurror because they are too smart or too well educated to be fooled
> by a lawyers tricks and deception.
A myth. Those who think they are rejected for being "too smart or too
well educated" are usually rejected for other reasons - such as being
too opinionated or too close-minded.
>My version of an All volunteer jury
> would make it more difficult for lawyers to reject jurrors because
> they are too smart to be manipulated by lawyers tricks.
That is not the reason lawyers reject jurors, and the numbers of
peremptories can be reduced without having to resort to volunteer -
i.e., stacked - jury pools.
Clay S. Conrad
Chair, American Jury Institute/Fully Informed Jury Association
ericmatteson...@hotmail.com wrote:
> In the All volunteer Jury System I have proposed each jurror would
> have their tax returns checked including W-2s to verify that they will
> not be assigned to any case involving their own employer or any
> subcontractor or supercontractor of their current employer. IRS
> computers would be checked during each volunteer jurors background
> check and cases with conflicts of interests would not be allowed in
> my all volunteer jury system.
This is meaningless. MADD isn't an employer of many people - but
groups like MADD would be doing everything they could do to get their
people onto DWI juries. And it would go on from there. Jury selection
would be a battle between special interest groups who tried to get
their people onto juries, not a selection from a random group of the
general public.
> > If anything, jury selection should be made more random, by removing
> > many of the challenges for cause and all of the peremptory
> challenges.
> Is the current fine of $1500.00 too punitive for a poor person in
> Los Angeles County who has no car and no way to get to a distant
> courthouse that is not on a bus route ??
> In Los Angeles county the compulsory version of the jury selection has
> jurror candidates summoned to distant courthouses and nobody is
> summonned to a courthouse near where they live!
If $1500 is too much, then they can always show up. And the problems
of summoning people to the wrong courts certainly has no connection to
having volunteer jurors. That is like saying that Mazda Miatas are
dangerous cars, and they are usually read, so we will ban the color red
from being used on cars.
> One of the problems with the compulsory system is that 65 per cent
> of jurrors get rejected during selection at L.A. county.
No reason to believe volunteer jurors wouldn't be rejected even more
often, as they'd probably be volunteering to further some agenda
anyway.
> The worst type of rejection is when a lawyer on either side rejects
> a jurror because they are too smart or too well educated to be fooled
> by a lawyers tricks and deception.
A myth. Those who think they are rejected for being "too smart or too
well educated" are usually rejected for other reasons - such as being
too opinionated or too close-minded.
>My version of an All volunteer jury
> would make it more difficult for lawyers to reject jurrors because
> they are too smart to be manipulated by lawyers tricks.
That is not the reason lawyers reject jurors, and the numbers of
peremptories can be reduced without having to resort to volunteer -
i.e., stacked - jury pools.
Clay S. Conrad
Chair, American Jury Institute/Fully Informed Jury Association
This would make it easier for a broader cross-section to attend jury
duty. Because it is that broad cross section that is necessary to
avoid the stacked juries that would inevitably result from a volunteer
system. Those who worked for gov't or large corporations would be free
to volunteer, as would retirees and the unemployed. The rest of the
country would not be able to for financial or career reasons.
Not exactly a fair cross section.
Let's face it - a volunteer jury is not a jury, it is a focus group.
There's a big difference. A volunteer system would never pass
constitutional muster, so it is a dead letter.
weas...@aol.com wrote:
> The compulsory jury system is not flawless, but it is far better at
> containing a cross section of the community than a volunteer system.
> Moreover, you don't - and can't - address the problems with a volunteer
> system. If anything, I'd prefer a system that required employers to
> continue full pay while their employees served on a jury - with the
> juror pay going to the employer to help him cut his losses.
>
> This would make it easier for a broader cross-section to attend jury
> duty. Because it is that broad cross section that is necessary to
> avoid the stacked juries that would inevitably result from a volunteer
> system. Those who worked for gov't or large corporations would be free
> to volunteer, as would retirees and the unemployed. The rest of the
> country would not be able to for financial or career reasons.
>
> Not exactly a fair cross section.
In the current compulsory jury duty system everybody who
owns a business or is self employed does not even have
an employer to pay them for jury duty.
Even most employees are not paid for jury duty. As far as
I know, the only employers who pay employees for jury duty are
schools and post offices and other government jobs.
The people who get paid by their employers now for compulsory
jury duty are the same people that you would not want volunteering
for jury duty. Government workers who might be biased in favor
of the prosecution.
>
> Let's face it - a volunteer jury is not a jury, it is a focus group.
> There's a big difference. A volunteer system would never pass
> constitutional muster, so it is a dead letter.
If you do not want to convert to an all volunteer jury system
would you rather allow some hollywood TV producers and scriptwriters
who hate jury duty lobby congress to ammend the constitution
to abolish juries altogether and each defendent tried by
3 judges ???
In Washington D.C. there is an internet article about
hating jury duty. The 4th or 5th reply by Show Production
is offering a constitutional ammendment that will abolish
jury trials and replace jury trials with 3 to 7 judges
voting whether to convict. 5 or 6 out of 7 judges can
vote to conict a defendent if and when this proposed
constitutional ammendment passes.
http://dc.indymedia.org/newswire/display_any/93286
Eric Matteson
ericmatteson...@hotmail.com
weas...@aol.com wrote:
> The compulsory jury system is not flawless, but it is far better at
> containing a cross section of the community than a volunteer system.
> Moreover, you don't - and can't - address the problems with a volunteer
> system. If anything, I'd prefer a system that required employers to
> continue full pay while their employees served on a jury - with the
> juror pay going to the employer to help him cut his losses.
Would you also vote to raise taxes to provide decent childcare
even if the childeren are disabled or have special needs ??
http://www.familyfriendlyjuryduty.org/HallOfShame/HallOfShameCA_files/page0003.htm
You would even have to vote to raise YOUR OWN taxes and not just
someone elses taxes!!
Caring for normal childeren is expensive already. When disabled
or special needs children need childcare while both parents are
away on juries it will be even more expensive for taxpayers.
If you excuse mothers with babies then high income self employed
people are going to want to vote for an all volunteer jury
system in all courts in the United States. If you excuse anyone
almost everybody else will also want to be excused from jury duty.
Can you see that some voters are opposed to the current compulsory
jury duty system for reasons that they believe are good reasons ??
>
> This would make it easier for a broader cross-section to attend jury
> duty. Because it is that broad cross section that is necessary to
> avoid the stacked juries that would inevitably result from a volunteer
> system. Those who worked for gov't or large corporations would be free
> to volunteer, as would retirees and the unemployed. The rest of the
> country would not be able to for financial or career reasons.
>
> Not exactly a fair cross section.
>
> Let's face it - a volunteer jury is not a jury, it is a focus group.
> There's a big difference. A volunteer system would never pass
> constitutional muster, so it is a dead letter.
Would it be better to ammend the constitution to convict someone
with a crime with votes from 6 out of 7 judges instead of
just having an all volunteer jury system ??
Somebody has already proposed ammending the U.S. constitution
to abolish juries at the link then 4 articles down
http://dc.indymedia.org/newswire/display_any/93286
in case an alternative to all volunteer juries is needed.
Eric Matteson
We should not confuse Eric's two points. Challenges do indeed lead to
stacked juries, and I am not at all sure that Clay is right that people
are not challenged for being too educated. Where there is likely to be
disputed forensic evidence, one of the parties may well have an
interest in ensuring there is no-one with scientific or statistical
training on the jury. It could make it much harder to erect
smokescreens.
Reducing the number of challenges, as we have done in the UK, is
probably the least worst option, and thereby giving people genuinely
random juries. It isn't perfect, but I honestly feel it is better than
any alternative.
Quentin Langley
Check out my website and blog: www.quentinlangley.net
> In Re: Jury Duty on 12 Jun 2005 08:29:45 -0700, by qlangley, we
> read:
> I believe so.
>
> Random means a random selection from within the jurisdiction of a
> court.
>
> The concept of random juries exists to preclude volunteers or
> stacked juries. But government prefers to draw from select lists
> and stack juries because it improves the government's rate of
> conviction. Convictions ensure job security and makes politicians
> look good.
>
> Another problem in the American system is that of "peers."
> Assuming you have read our 5th amendment, in the US the unspoken
> issue is the definition of peers. Generally a peer is one of
> similar socio-economic background as that of the defendant.
>
> If juries were truly random and truly of peers, some problems in
> the system would diasappear.
Yet another problem are jury instructions which violate the defendants
right for the jury to decide the law, not just the case. Lately the
judiciary have become very aggressive in misinforming juries as to their
power and rights. A jury can even nullify a law should they choose but
judges dismiss any juror who admints knowledge of this fact or disagrees.
-- Regards, Curly
------------------------------------------------------------------------
http://curlysurmudgeon.com/documents/bush_lies.txt
------------------------------------------------------------------------
That problem is easy to work around. Simply keep your mouth
shut regarding the real reasons for your vote.
That works as far as being selected but not once in the jury chambers.
Once there you then have to convince 11 people that your understanding of
the Constitution is greater than the Judges.
Even if you pass that hurdle and rule the law unconstitutional for
example, the judge will declare a mistrial.
> On Sat, 25 Jun 2005 23:57:50 +0000, Manny Davis wrote:
>
>> Curly Surmudgeon <cu...@curlysurmudgeon.com> wrote:
>>
>>> Yet another problem are jury instructions which violate the
>>> defendants right for the jury to decide the law, not just the case.
>>> Lately the judiciary have become very aggressive in misinforming
>>> juries as to their power and rights. A jury can even nullify a law
>>> should they choose but judges dismiss any juror who admints
>>> knowledge of this fact or disagrees.
>>
>> That problem is easy to work around. Simply keep your mouth
>> shut regarding the real reasons for your vote.
>
> That works as far as being selected but not once in the jury chambers.
It works to hang the jury.
Or the judge. <grin>