Posted on 09/03/2007 5:53:16 PM PDT by Blueflag
A query for the FR legal eagles: DOES THERE EXIST a FEDERAL Statute or Public Law mandating grand and petit jury service? If yes, can you provide citations? ( I realize some state constitutions co so )
The reason I ask is that my 86 year-old mother passed me an AP article from the AJC relating how sheriff's deputies in NC literally went to a grocery store parking lot and presented random people with jury summons (with a 1 hour or else ultimatum from the judge) so that the county's jury pools could be filled.
Is this due process? WHAT in the law grants the State ( and the judge as its proxy) the power to 'shangai' jurors? Don't we have laws AGAINST 'impressing' people into service?
Inquiring minds want to know
A query for the FR legal eagles: DOES THERE EXIST a FEDERAL Statute or Public Law mandating grand and petit jury service? If yes, can you provide citations? ( I realize some state constitutions co so )
The reason I ask is that my 86 year-old mother passed me an AP article from the AJC relating how sheriff's deputies in NC literally went to a grocery store parking lot and presented random people with jury summons (with a 1 hour or else ultimatum from the judge) so that the county's jury pools could be filled.
Is this due process? WHAT in the law grants the State ( and the judge as its proxy) the power to 'shangai' jurors? Don't we have laws AGAINST 'impressing' people into service?
Inquiring minds want to know
co so = do so
harrumph
I’m pretty sure I’ve heard of that happening here in Texas.
There should be a law that forbids the sheriffs from doing anything of that nature.
Sounds like some pretty sloppy planning if that's what they have to do to fill their jury pools. Not sure what I would think of the government's side of the case (if there was one) if such impacted my conduct of business without even the ability to plan for same.
Then again, though called for jury duty I've never been seated. Once they figure out I'm an engineer, they don't seem to want me.
Judges do have the right to summon people to jury service. Every state has laws to that effect. It is a public duty, such as compulsory military service when required.
It might be nice if we had no public duties like paying taxes but that is not the the way this (or any other) country works.
Would probably end up seeing the inside of a jail cell, but would life be complete without?
“Sure, I’ll serve on the jury... but make it quick ‘cause I don’t want to miss Rush Limbaugh!”
How can a summons be issued without the person’s name on it in advance?
I am not an Attorney however when the bailiff hands out the “Jury Summons” you must remember he/she is an Officer of the Court.
example. An LEO can not break down a door and arrest a subject unless they have a warrant or special circumstances however a bail bondsman CAN as they are not LEO’s. They are Officers of the Court.
(And yes Texas is lacking in Jury Volunteers.)
The jury pools I've been in might as well have been American Idol auditions given the number of disqualifications. Plaintiff or defense attorneys will dismiss potential jurors like popcorn spilled in a movie theater. It's a waste of the court's time and taxpayer's money, not to mention the scores of jurors who are called and don't serve, wasting time waiting on the prima donna lawyers.
No kidding. I WANT to serve on a jury.
No one will let me.
20 Years ago I was sitting on a jury pool
One question was “ If you find the defendant guilty of a capitol crime could you assess capitol punishment ?”
This one prospective juror said “I don’t understand, what do you mean”
The DA asked again “If you find the defendant guilty of a capitol crime could you assess capitol punishment ?”
Again the prospective juror questioned the DA. “What do you mean ?”
The DA said “ If you find the Defendant guilty of a capitol crime COULD YOU ASSESS the death penalty.
The prospective juror answered “ Yeah I could burn the Bastard”
Juror dismissed, on to the next Juror
Understood. I am honestly aware of the STATE statutes — was curious if there exists a FEDERAL Statute or PL.
Best answer so far is that the Court Officers are empowered differently than a LEO, but WHAT empowers the judge with the authority? (even finding the state statues has been tough)
Specific question is at the FEDERAL level — if called to serve on a FEDERAL grand or petit jury, what compels you to show? What’s the controlling legal authority? ;-)
The more people become acquainted with what passes for “law enforcement” these days, the more difficult it will become to get a jury - any jury.
I have never been called....never! I lived in one locale for over 11 years in a small population county and voted in every election, still I was never called!
I have lived here in Va. for four years now and still have never been called. I always thought they got your names from a voter registration pool for jury duty.
They do...I was called twice, while on military service in Germany.
Offered to serve, for a plane ticket. No takers.
I was a registered voter for over 30 years before I got called, then it happened twice in 5 years. “When you’re hot, you’re hot. When you’re not, you’re not.”
Priceless!
BTW - Love your tag.
OK, that’s the easy question. While the right of the judge to compel jury service sounds in the common law, in the federal courts, Jury service is governed by 28 USC Secs 1861 - 1878.
Section 1861 makes jury service obligatory: “It is the policy of the United States that all litigants in Federal courts entitled to trial by jury shall have the right to grand and petit juries selected at random from a fair cross section of the community in the district or division wherein the court convenes. It is further the policy of the United States that all citizens shall have the opportunity to be considered for service on grand and petit juries in the district courts of the United States, and shall have an obligation to serve as jurors when summoned for that purpose.”
The penalty for not showing up is in Section 1866, paragraph (g).
(g) Any person summoned for jury service who fails to appear as directed shall be ordered by the district court to appear forthwith and show cause for his failure to comply with the summons. Any person who fails to show good cause for noncompliance with a summons may be fined not more than $100 or imprisoned not more than three days, or both.
You are right that it seems he has a state law question. But hasn’t the SCOTUS held that you need not show law enforcement ID? If so, you could claim to live in another juris diction.
This also points out the problem with technique. Any conviction or judgement such a jury might bring back is at risk. What is the chance a jury put together this way would contain at least one member who was ineligible?
I’ve never been called either, though some of my coworkers have been called 2 or more times.
It would be interesting if an out of state tourist got roped into serving on a jury without mentioning the non-state resident matter.
Yes, but you would need to assert that to the judge, and if he catches you lying to him, you will see the inside of the jail.
What is the chance a jury put together this way would contain at least one member who was ineligible?
But they aren't putting together the jury, they are putting together the panel from which the jury is chosen. There would still be voir dire.
The challenge I would make would be to the customer base of the shopping center or store chosen. Does the store have too high of a percentage of white shoppers? Do they sell items that appeal to Blacks? Hispanics? Are there more BMWs than low riders in the parking lot? Was the statutory mechanism (if any) for putting together the panel followed?
Engineer works for me every time.
In the instance I heard about, there was no sloppy planning except by the members of the jury pool who were summoned for duty, but didn’t show up. That’s a serious problem. If you can’t get a full jury, how can you conduct a trial? Then, if the trial is postponed, there’s a backlog.
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