Dang! Missed out on jury selection!

This is a discussion on Dang! Missed out on jury selection! within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Last summer I got the questioneer from the local county for jury selection. Answered the questions. Never got another peep out of them. Gee, wonder ...

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Thread: Dang! Missed out on jury selection!

  1. #16
    Member Array mel5051's Avatar
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    Last summer I got the questioneer from the local county for jury selection. Answered the questions. Never got another peep out of them. Gee, wonder if it was my investigations experience, maybe the Criminal Justice B.S degree, or maybe that I was in a car accident with a drunk driver hitting us. Never had the happy event of being called for Jury Duty.
    Did testify at a high profile Murder Case and the defendant went free on my testimony I would guess.
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  3. #17
    Senior Member Array Keltyke's Avatar
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    Both lawyers stated that the trial would be short, indicating to me they both agreed on the expected outcome.
    My Mother used to work for a group of lawyers. The prosecutor and defense attorney will get together before the trial. They'll work out tentative "bargains" to speed things up. The Prosecutor may say, I'm going for *****, and the defense attorney may reply, then I'll *****. They are both realistic at the core and know what they can expect to win or lose.

    I did not reveal that I posses a CWFL (It wasn't asked; I didn't tell), nor did I mention I own firearms and shoot regularly. I think it may have been that I was a stated member of an organization called the NRA
    You didn't have to state any of that. I guarantee you both attorneys knew that, and more, about you. When they are given the jury pool name list, they do their research. Jurers (sp?) are seldom accepted or rejected on the few questions asked in court. The attorneys know all about you.

  4. #18
    Member Array NC Buckeye's Avatar
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    My father is a retired LEO, my step-mom works for a PI Lawyer, My wife is a doctor, I have a masters, a CHP, and I have been involved in a civil lawsuit.

    I will likely never be picked for a Jury.

  5. #19
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    Quote Originally Posted by Keltyke View Post
    I guarantee you both attorneys knew that, and more, about you. When they are given the jury pool name list, they do their research. Jurers (sp?) are seldom accepted or rejected on the few questions asked in court. The attorneys know all about you.
    Jurors, I think.
    I don't know about SC, but the lawyers aren't given the names of those in the pool until just before selection begins. I doubt anyone really has time to research over 200 people in that time. Plus, no one knows which judge gets which selectees until the morning of jury selection (and trial).

    I think it the questionaire, experience, and gut feeling that makes a lawyer pick or eliminate anyone. I'm sure there's the male verus female rations, black versus white versus what ever ratios also.
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  6. #20
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    Quote Originally Posted by NC Buckeye View Post
    My father is a retired LEO, my step-mom works for a PI Lawyer, My wife is a doctor, I have a masters, a CHP, and I have been involved in a civil lawsuit.

    I will likely never be picked for a Jury.
    Some of those chosen had degrees and had served as jurors before and/or been involved in previous court actions (criminal/civil). I think it's more of a sense of your attitude toward the case that makes you a good candidate or not.
    Retired USAF E-8. Remember: You're being watched!
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  7. #21
    Member Array hdawson's Avatar
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    Cool

    Old Vet. Don't you just love the fact that there are so many "experts" on these forums. They "seem" to know everything.

  8. #22
    Senior Member Array ep1953's Avatar
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    Quote Originally Posted by hdawson View Post
    lordhampster. It sounds like you have no respect for LAW. If you don't have respect for the law, be active to change the law, not circumvent the law.
    Jury nullification does not represent a lack of respect for the law. If you find yourself sitting in judgement of one of your peers charged with breaking an unconstitutional law I submit it is your DUTY to find him not guilty.

    I think it's time for the lawmakers to respect the constitution and to understand that they are there with the consent of the governed.

  9. #23
    Distinguished Member Array Anubis's Avatar
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    Quote Originally Posted by hdawson View Post
    If you don't have respect for the law, be active to change the law, not circumvent the law.
    I respect the law. But I don't respect the adversarial trial process, which is something completely different in my opinion. (I have been on 2 juries and was rejected for another.)

  10. #24
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    Jury trials; requests for bench trials often denied

    Quote Originally Posted by Janq View Post
    Bingo and ditto! ^^

    If at all possible I would do my best to avoid a jury trial.
    Also add in very real and established factors of jury decision sway as based on race, gender, physical appearance (are you to the jury attractive or unattractive), your own individual ability to emote your feelings physically as in a way that the jury deems 'natural' and 'normal' (I tend to be straight faced unless laughing) and are you at par in a socio-economic way as related to and/or by perception to that of the jury. There is more but I'll stop here.

    Bottom line: Jury decided trials can very much be decided by the jury before word one is spoken by your own attorney (or that of the prosecution) as based singularly on who they see seated in the defendants chair.

    A sad state of factual affairs.

    - Janq
    Unfortunately, requests for bench trials are often successfully fought by the prosecution. We have a right to a trial by jury, but the opposite isn't true, and we can't (usually) demand a bench trial.

    I think we might all be better off if we could find a way to create pools of professional jurists, or combine legal professionals and laypersons on a jury. Anyone who honestly says they believe in the jury system, is either ignorant or telling an untruth.

    Trusting decision making to folks randomly selected, who don't want to be there, who have an average IQ and no qualifications further beyond breathing, isn't wise.

    One idea which might work, but isn't used and isn't likely to be used would be to get a pool of randomly selected folks and give them 6-10 hours of training and a test before they are considered for actual service. Repeat as often as necessary.

    oops. That's what school is supposed to do. Oh well!

  11. #25
    Distinguished Member Array JerryM's Avatar
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    Quote Originally Posted by lordhamster View Post
    I'm a firm believer in Jury Nullification. If the individual was simply in possession of a firearm for his protection and was not using it to victimize anyone, I'd vote not guilty.

    I don't think we should have to beg permission from the state to exercise our rights, and thus I won't convict anyone for the simple lack of a permit/permission-slip. No Victim = No Crime.
    Although Jury Nullification is mentioned now and then, when you are selected you swear to find in harmony with the law. Whether or not you like the law you swear to abide by it.
    To me, my word is more important than jury nullification. In addition it would be interesting to see how a judge would find regarding JN.
    Anyone know of an instance when it was done?

    Regards,
    Jerry

  12. #26
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    Quote Originally Posted by ep1953 View Post
    Jury nullification does not represent a lack of respect for the law. If you find yourself sitting in judgement of one of your peers charged with breaking an unconstitutional law I submit it is your DUTY to find him not guilty.

    I think it's time for the lawmakers to respect the constitution and to understand that they are there with the consent of the governed.
    That's a bold statement to say about a person who's charged with illegal concealed weapon, don't you think?

    Not everyone has the "right" to carry a firearm and you know it.
    How do you know that this individual wasn't a convicted felon who no longer has the right to possess a firearm?
    How do you that this individual wasn't arrested for other crimes at the time, some of which have been settled with the court, and this charge is being tried separately?

    You have to find the person guilty or not guilty based on the evidence presented in the witness chair, a point both prosecution and defense make a point of.

    My approach is that if the evidense says in fact he wasn't breaking the law (the beyond a resonable doubt issue), he is not guilty. If the prosecution presents evidense that convinces me that this person had a illegal firearm, then I'd say guilty. The prosecution is responsible for proving its case. The defense does not.
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  13. #27
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    Quote Originally Posted by Hopyard View Post
    Trusting decision making to folks randomly selected, who don't want to be there, who have an average IQ and no qualifications further beyond breathing, isn't wise.
    So you're saying that only I, and the rest of the citizens who did nothing more than obtain a driver's license (That's what generates the pool in FL.), are only of "average IQ" didn't want to be there and have no other qualifications beyond breathing?

    That statement pretty much is an insult to everyone who was summoned. I'd say that places you in the IQ catagory of an idiot. You obviously know nothing about jury selection.

    Another "expert"!
    Retired USAF E-8. Remember: You're being watched!
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  14. #28
    Senior Member Array ep1953's Avatar
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    Quote Originally Posted by OldVet View Post
    That's a bold statement to say about a person who's charged with illegal concealed weapon, don't you think?

    Not everyone has the "right" to carry a firearm and you know it.
    How do you know that this individual wasn't a convicted felon who no longer has the right to possess a firearm?
    How do you that this individual wasn't arrested for other crimes at the time, some of which have been settled with the court, and this charge is being tried separately?

    You have to find the person guilty or not guilty based on the evidence presented in the witness chair, a point both prosecution and defense make a point of.

    My approach is that if the evidense says in fact he wasn't breaking the law (the beyond a resonable doubt issue), he is not guilty. If the prosecution presents evidense that convinces me that this person had a illegal firearm, then I'd say guilty. The prosecution is responsible for proving its case. The defense does not.
    Well I certainly don't know all the laws but I would think that a convicted felon found with a firearm would be charged as a convicted felon in possession of a firearm.

    But since you seem to be firmly against jury nullification answer me this hypothetical. A person living in the city of Chicago is sitting in his living room. A BG breaks down the front door and proceeds with a home invasion. The homeowner grabs his pistol off the table and shoots the bad guy dead. The DA reluctantly agrees that it was a case of self defense and does not charge the homeowner for the death of the BG. BUT the homeowner ILLEGALY had an evil handgun in his home. The DA says he must be charged and go to prison for having the handgun in his home. You are on the jury. How do you vote sir?

  15. #29
    Senior Member Array BRTCP88's Avatar
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    Quote Originally Posted by sigmanluke View Post
    I feel the same way. The thought to everyone that serving on a jury is such an awful thing is part of why our judicial system has become the way it is.

    Think about the person who won millions from McDonalds for spilling HOT coffee.
    +1

    I've only been called for jury duty once and I really wanted to serve, but one of the lawyers didn't show up and so the judge dismissed us before the selection began.
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  16. #30
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    I know that I will never get called to a Federal jury again as when they ask what organizations you belong to or have ever belonged to, when I honestly answer with "ACLU and NRA" I am sure that freaks out both defense and the DA.

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