Federal jury duty.

bill_105

A good friend of ours was on a jury. He sat through a month of proceedings. After all was done United airlines had to pay a caterer 5 million dollars. United appealled and the three judge panel threw it out. The whole idea of being the greatest system in the world is probably true but its real frustrating.

Paul_87

Has anyone ever had to do Federal Jury Duty? I got a summons for it says I have to go from Feb. 17 through March 6. It says that if you have an "extreme inconvienience" or "undure hardship", you can send a letter explaining and they will decide if you can be excused. Would being an owner/operator with no employees and no one to cover for me while I'm gone, and the fact that it could possibly cause my company to be put out of bussiness be considered one of these? People have told me that they don't accept self employment as a reason to be excused. I'm losing sleep over this. If I have to do it there is no way I would be able to pay my bills that month and would lose a ton of bussiness/ customers/ income and there is a good chance it would eventually put me out of bussiness. The state jury duty is a different system which is much better one day one trial if you don't get chosen you go home and your done.

tccoggs_2

Was it sent Registered Mail???

If not, throw it out, you never recieved it. In my youger years I was faced with a similar situation, but have served since then.

Paul_87

It was not registered mail. It also went to my parents address and they wrote return to sender not at this address on it and sent it back and then a few days later they scratched out return to sender and sent it back so they gave it to me and I opened it not excpecting it to be 3 weeks long so now I can't send it back again. I was considering just not going. The maximum penalty is 3 days in jail which I would much rather do becuae I can afford to miss 3 days but not 3 weeks. But I'm pretty sure if you do the 3 days in jail you still have to serve. I really don't know what to do other than send the letter and hope they excuse me.

radiconnection

Guy I work with got called for Federal Grand Jury duty; he's stuck with 18 month's of possible service.He's required to call in each month for a possible three days of service for each month! He said it was very hard to get excused. He's a former cop, and that's usually for an exemption. Not there.

Unknown

If it didn't come certified I'd just ignore it. If anyone comes back to you you can always say, " I don't think I received it" and "Who knows ?.. with all the junk mail we get around Christmas it may have gotten throw out by mistake." or "Have you ever counted the mount of junk mail marked "Official" now days?!"

The big problem you can get into is if you answer one of them then they know it is a "good" address and try to get you to serve every 6 months.

I firmly believe that one should do their civic duty however after once being jerked about as a perspective juror decided I had better things to do with my time.

Bob Burnham

First thing: ignoring it is a crime

I did Grand Jury a couple of years ago. At the initial interview they asked who would like to postpone their duty for six years. Many people left. Is their anybody who would like to serve? Bam, they had all the jurors they needed. I was recovering from surgery so I did it.

It was fascinating and took maybe total 8 hours a month. Grand Jury is to determine whether there is sufficient evidence to go to trial. Short and sweet. No hotels,no staring at the criminals in a court. Plus you get paid, I looked at it as my duty and privilege as an American. Plus, it's over and all those who bailed will be the next ones called. Not me...

S Ebels_2

You could go........

And say something really psychotic or non-PC at the interview.

That will disqualify you from serving on at least that particular case.

I know of a guy who was called for federal duty years ago and the case to be tried was a drug lord from Detroit who sat in the room during the jury selection process. Open threats were made to prospective jurors by this guys thugs out in the halls of the courthouse and the person up for duty did not want to serve in any way on this trial. As i heard the story, one of the interview questions was something to the effect of " Do you have anything against black people"? This is where this post gets REALLY non PC so stop here if you may be offended. Seriously.










































The prospective juror replied "No, I don't have anything against them, I think everyone should own a couple".

He was dismissed.

[Deleted User]

The people receiving unemloyment benefits should be the first called to duty. There is no shortage of those these days. A small business person in your situation should be excused, but probably won't be. Good luck.

Erich_3

Federal Court Rules

Here are the official rules. Keep in mind that you can request a postponement. Ask for a postponement to summertime when your business will be slower. If you are a volunteer fireman or medic you can always be excused.

Excuses from Jury Service

Many courts offer excuses from service, on individual request, to designated groups of persons or occupational classes. Such groups may include persons over age 70; persons who have, within the past two years, served on a federal jury; and persons who serve as volunteer fire fighters or members of a rescue squad or ambulance crew.

The Jury Act also allows courts to permanently excuse a juror from service at the time he or she is summoned on the grounds of "undue hardship or extreme inconvenience" if the distance to the courthouse makes it difficult for the juror to travel. The juror should write a letter to the clerk of court requesting an excuse with an explanation of hardship.

Excuses for jurors are granted at the discretion of the court and cannot be reviewed or appealed to Congress or any other entity.

Mad Dog_2

They don't care

the only "perfect" out is if you can prove that you take care of young children or a sick parent. If you level with them and tell them you will not be a good juror because you will be preoccupied with your business woes...especially considering whats going on today....you'll probably get a pass. Good luck. Mad Dog

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Mad Dog_2

This used to work and I know several old timers

who made VERY NON-PC comments that got them out. I have heard of people being held in comtempt of court for the same tactics in recent years....one buddy was threatened by the judge for and Archie-Bunker comment. They are serious. Mad Dog

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tim smith

I have been excused once and had my jury duty moved to

another time of year due to running a company. This worked ok.

Mitch_6

Side issue

I have a small company, just me and a partner that have been working together for about 20 years. My wife runs the office. One thing we do is stay in close contact with other plumbing & heating companies, we consider them more fellow tradesmen than competition. We give them work when we are swamped and they give us work when they are swamped. Sometimes an emergency comes it we just cannot handle or we need more manpower then we have.

It has paid of to cover us and keep our clientele. What happens if you fall and break a leg. Just knowing you can have someone take care of your account when needed and not steel them. Some times you can even make a little we often discount our work and they may do the same depending on the circumstances.

I have only been called in once for duty it was local court house since I live in a town that has all the local courts exempt federal. It was two days of BS in the hot summer with poorly ventilated buildings. We go shuffled around alot. Got called to a last minute DUI trial I wanted to convict the guy right then and there but a cop said something on the stand he was not allowed to (breathalyzer refused) and we were dismissed on the spot.

While waiting to be picked the first day a man got up and made a scene and got dismissed right away. I did not think fondly of that individual. I do not want to take alot of time off. I do not want to be part of a public trial of a gangster convict him and have him out on appeal.

I do want someone intelligent and open minded on a jury if I am on trial. If I do not serve who will be in the seat in my place?

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Brad White_191

Of course, this is a public forum

so there is a trail of evidence that says something other than, "I never saw it".

There is a heavy advertising campaign at least in the MA district. I suspect they are having a tough time trying to fill slots.

Over 70 an exemption? That is a group that might actually want something interesting (interesting?) to do.

If it is the trial court, better than the Grand Jury. I worked with a fellow who kept getting extended beyond the six months and wound up serving 24 months. Every Wednesday he was out. His skin color, he said, was the reason; few minorities to fill the slots with a representative sample.

Unknown

"Over 70 an exemption"? That explains a lot of the verdicts I've seen. I wonder why they exclude people with an I.Q. over 70?

JB_8

fed up with feds

Don't we all have a Meranda right to remain silent? Why do we have to file income tax we have a Meranda right to remain silent. Crooks have it.Its in the law the judges said so. Why not use it?

Timco

Miranda applies to being criminally charged and the 5th amendment, self incrimination. Not tax evasion or Jury duty. It protects the innocent and even crooks have rights as to their treatment and fair prosecution.

Tim

JB_8

sorry

Miranda applies all the time sorry.

Timco

sorry...just the facts

No mention of jury duty or income tax unless you are being arrested for avoiding it...it is a declaration of your rights, not to avoid civic duties.

U.S. Constitution Online
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The Miranda Warning

The Constitution reserves many rights for those suspected of crime. One of the fears of the Framers was that the government could act however it wished by simply saying an individual was a suspected criminal. Many of the rights in the Constitution and the Bill of Rights, such as habeas corpus, the right to remain silent, and the right to an attorney, are designed to ensure that those accused of a crime are assured of those rights.

Police were able to take advantage of the fact that not everyone knows their rights by heart. In fact, it is likely that most citizens could name a few of their rights as accused criminals, but not all of them. The police's position was that if the accused, for example, spoke about a crime without knowing that they did not need to, that it was the person's fault for not invoking that right, even if they did not know, or did not remember, that they had that right.

This was the crux of the issue in Miranda v Arizona. In 1963, Ernesto Miranda was accused of kidnapping and raping an 18-year-old, mildly retarded woman. He was brought in for questioning, and confessed to the crime. He was not told that he did not have to speak or that he could have a lawyer present. At trial, Miranda's lawyer tried to get the confession thrown out, but the motion was denied. In 1966, the case came in front of the Supreme Court. The Court ruled that the statements made to the police could not be used as evidence, since Miranda had not been advised of his rights.

Since then, before any pertinent questioning of a suspect is done, the police have been required to recite the Miranda warning. The statement, reproduced below, exists in several forms, but all have the key elements: the right to remain silent and the right to an attorney. These are also often referred to as the "Miranda rights." When you have been read your rights, you are said to have been "Mirandized."

Note that one need not be Mirandized to be arrested. There is a difference between being arrested and being questioned. Also, basic questions, such as name, address, and Social Security number do not need to be covered by a Miranda warning. The police also need not Mirandize someone who is not a suspect in a crime.

As for Ernesto Miranda, his conviction was thrown out, though he did not become a free man. The police had other evidence that was independent of the confession, and when Miranda was tried a second time, he was convicted again. After release from prison, Miranda was killed in a barroom brawl in 1976.

The following is a minimal Miranda warning, as outlined in the Miranda v Arizona case.

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.

The following is a much more verbose Miranda warning, designed to cover all bases that a detainee might encounter while in police custody. A detainee may be asked to sign a statement acknowledging the following.

You have the right to remain silent and refuse to answer questions. Do you understand?
Anything you do say may be used against you in a court of law. Do you understand?
You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?
If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?
If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?
Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

URL: http://www.usconstitution.net/miranda.html

Timco

further clarification...

No mention of Jury duty or income tax...

Fifth Amendment - Rights of Persons

Amendment Text | Annotations

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Constantin

Keep your receipts...

...make sure that after you served that you have the receipts handy. Once the jury system knows of you, you'll get plenty of participation 'offers' from federal and state jury boards. Random selection, my foot! My two year 'vacation' will be up next year.

The last experience was less than inspiring. Basically, a day spent shuffling from room to room. No cell phones use allowed, except by the baliffs overlooking us of course, which jabbered inanely the entire time I was there. They must have the unlimited plan...

The speech by the judge regarding the importance of jury duty, et. al. on the other hand was incredibly inspiring. How someone could stay that motivated after so many years in a crummy locale like the Cambridge courthouse was impressive. I just wish that individual could police the galling behavior of some of the participants in his court more effectively.

Paul_87

I sent in a letter explaining the situation. I just hope they don't look at it as an insult or that I think I'm better than other people and shouldn't have to do it. Every time i have to make a decision like this (just throw it away, or send in the letter) I always find myself saying i should have done the opposite once it's over. hopefully that doesn't happen this time.

JB_8

rats9LD9

We are the lab rats for the gov't.

ScottRW

I was called in last year

and I asked for a delay till December, which I was granted. Trial date came up and I wasn't busy so I went in and sat down (like I had a choice). I was called # 13 on the first set of jurors. I was asked if I knew any of the people in the case, said yes, I knew the arressting officer. Was asked in what capacity did I know him. I responded that I was a Vol. Firefighter, and that we had worked some scenes together. This didn't phase the judge or either attorney, so I was seated and the trial was on. It was interesting and I'm glad I was able to do my part in releasing the poor sob who had been brought to trial by his ex wife. I will say that it was really hard not to raise my hand and ask the simple questions that the attornys weren't asking. Frustrating but interesting.