Experiences with jury duty

[b-boy]

honestly, this is super scary to me.
What if there isn't one person actually bright enough to say: hey Guys you need to stick to the evidence? Will they just agree on what they "feel" is true?

OMG!

There was a crowbar used in the assault. It was found a few blocks from the incident. The police found it.

One guy kept insisting that the cops planted it there, and that it was a setup. We kept saying, 'Where are you getting this from?' He said since there were no finger prints, it proved that the cops must have planted it to frame the guy. We said, 'You can't just make stuff up'. He had a hard time following the facts of the case without filling in the blanks with his own version of the story. That guy would scare me if he was deciding my case.

 

[autobaun70]

What about sentencing? It was my understanding, maybe mistaken, that the jury determines guilt and the judge determines any punishment. Might vary by state.

This is correct, varies state to state. In states where the jury decides, they basically have a very limited "multiple choice" option that complies with the sentencing guidelines for the statute the party was found guilty of violating, and deliberations for this phase typically occur after the actual reading of the verdict.

 

[ajdelange]

I For example the idea that a jury of your peers is a better way to determine guilt than a king or some petty feudal lord.

Interestingly enough you do not have a right to trial by a jury of your peers in the US. That right, if I'm remembering this correctly, is reserved under English common law for peers.

 

[ajdelange]

This is correct, varies state to state.

In the Old Dominion the jury determines the penalty after a separate 'Penalty Phase' of the trial. The judge may accept or reduce the jury's recommndation but not increase it.

 

[gspot]

Interestingly enough you do not have a right to trial by a jury of your peers in the US. That right, if I'm remembering this correctly, is reserved under English common law for peers.

Ok, I'm showing my ignorance here, but I thought the right to a trial by jury was one of our basic rights. I COULD get off my fat butt and go look it up, but I need a short nap first

 

[ajdelange]

I was going to respond with well, yes you do, there's just nothing in there about the jurors being your peers but then I remembered that in some states you are not entitled to a jury trial if the maximum penalty upon conviction is less than a year in jail.

 

[gspot]

I was going to respond with well, yes you do, there's just nothing in there about the jurors being your peers but then I remembered that in some states you are not entitled to a jury trial if the maximum penalty upon conviction is less than a year in jail.

Ahh. Hmm. That bit of information calls for a beer.

 

[Hamaki]

I was going to respond with well, yes you do, there's just nothing in there about the jurors being your peers but then I remembered that in some states you are not entitled to a jury trial if the maximum penalty upon conviction is less than a year in jail.

I think 6th amendment addresses this...
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

But in practice I believe you're correct; there has to be a threshold where this kicks in otherwise we'd be doing jury duty every time someone challenged a speeding ticket.

 

[krackin]

In my limited experience, my understanding is thus. With misdemeanors you go to local court from where you have the right to settle, or, appeal which goes from the local court to Superior Court thus the jury. Felony charges skip local court through Grand Jury.

 

[madscientist451]

I don't like Jury duty because they "system" has no respect for the Jurors. I've been on a jury several times and the jurors have always been treated like we don't know anything and are a bunch of dumb *sses.
I work in law enforcement now and always get kicked off the jury.

 

[shelly_belly]

I couldn't find the convicting requirements but here are the sentencing requirements, which are performed by a jury.

In Alabama a jury needs a 10-2 vote to recommend a life or death sentence. Alabama is the only state in which judges routinely override the jury's decision not to impose the death penalty.

 

[Michigan_Wolfman]

I've only been called for jury duty once. It was a case involving a local high stakes drug dealer who was finally apprehended when he sold a substantial amount of hard narcotics to an undercover officer. The dealer lawyered up using a court appointed defense attorney. The prosecuting attorney and the undercover officer show up, bringing in an evidence box that was full to the top with drugs. During the jury selection process, the dealer's attorney asks if anyone in the jury pool had any issues with drug dealers. After seeing what the prosecuting attorney and the undercover officer had brought in as evidence, every hand in the jury pool goes up, including mine. The judge overseeing the case looks at the court appointed attorney with an expression on his face as if to say "Open mouth and insert foot, *******!" Needless to say, jury pool #1 was dismissed.

 

[TheWayne]

Guilty

 

[nDub]

And like clockwork I got a summons last night almost exactly one year from serving in 2015. I must be on the "good" list.

 

[agrazela]

And like clockwork I got a summons last night almost exactly one year from serving in 2015. I must be on the "good" list.

Hang 'em high!

 

[nDub]

Hang 'em high!

Great movie. Big fan of Clint Eastwood and the spaghetti westerns he was involved with.

 

[Accidic]

With the exception of perhaps a long controversial trial involving sequester there are things worse than regular Jury duty. My last draw from the bin resulted in Grand Jury duty. Daily attendance for 9-12 hours a day for 5-7 days followed by a second stint 3 months later (guaranteed). Nevermind that many of the cases end up being miserable to listen to and wear on you... The clerical items of a room full of 12-20 people gets pretty bad.