Ask the juror

I just finished a term on a jury for an actual criminal trial. It was fascinating.

It was an arson case. Some of the things I learned:

[ul]
[li]It’s not a good idea to discuss a criminal conspiracy using a jail phone. Giggling when the prosecutor starts quoting the conversation is even less advised.[/li][li]Don’t think you know more about the law than your lawyer does.[/li][li]The hardest job in the courtrooom is the court reporter.[/li][li]Ducking your insurance company’s claims examiner is not going to get you your claim.[/li][li]Not only does everyone rise for the judge, but they also rise when the jury enters and leaves.[/li][li]Deleting your cell phone messages and text on the day of the crime – and only that day – is not going to help. [/li][li]If a defense lawyer comes up with a cockamamie story to explain the crime, it’s probably because there’s no plausible one.[/li][li]It’s not wise to tell the DA under oath that your girlfriend is “just a piece of ass to you.”[/li][li]Don’t buy insurance a month before the fire and then have the house burn down the day before payment is due. Someone might get suspicious.[/li][li]Deportation isn’t a “Get Out of Jail Free” card.[/li][li]Don’t piss off the DA.[/li][li]Jury chairs are comfortable, but not after you’ve been sitting on them for five hours.[/li][li]Don’t identify a blurred image of a person from a traffic cam after you’ve told the court you never met the guy.[/li][/ul]

I take it you did not feel a lot of personal strife in arriving at…let me guess…full acquittal? :slight_smile:

Sounds like you are the perfect juror.

[QUOTE=RealityChuck]
• Not only does everyone rise for the judge, but they also rise when the jury enters and leaves.
[/QUOTE]

That’s because the rising is to show respect for the Court, not any individual. When you are a member of the jury, you are part of the Court.

What sort of questions did the judge and lawyers ask during the jury selection process?

What were your fellow jurors like?

What did someone do to piss off the DA?

Do you have to sit there stoney faced, or is face palming allowed when some of those items came to light?

Actually kind of a serious question, did you get any briefings on allowable expressions as a member of the jury or can you get in trouble for weeping for humanity at the stupidity of some people? I would imagine in some of the more horrific cases a reaction from the jury is unavoidable, can that cause problems in the trial?

Asimovian – They took a plea. It’s very unusual to to this after the defendants have testified. This pretty much sums up what happened. No one on the jury said anything formally, but it was fair to say it would have been a very short deliberation.

After the plea, the court allowed us to talk to the lawyers. The defense attorneys said that they had been urging their clients to take a plea from the very start, but they had refused until then.

Jeff Lichtman – The basic questions included

“Do you know of the case?”
“Do you know any of the defendants?”
“Do you know any of the witnesses?”
“Do you know anyone in the DA’s office?”
“Do you know any firefighters?” (because it was an arson case, no doubt)
“Do you have any prejudices that might affect your judgement? (the defendants were Guyanese)”
“Were you on a jury before? How did that go?”

One guy hit a trifecta: On question was about arson cases, and he started out "I work in insurance and these arson cases … " He was told to stop talking at that point.
Later they asked about knowing police, and he said he knew a few police and would believe them more readily than others. Finally, he admitted he knew the DA socially. He was the first one dismissed.

You’re also asked about your interests and jobs. I mentioned my interest in science fiction, and, just for the heck of it, I mentioned Doctor Who as my favorite TV show. The DA got up and said it was the first time he had run into another fan, and who was my favorite Doctor. I’m now on the record as saying “David Tennant.” :slight_smile: I actually thought that would disqualify me, but the defense later told me that they hoped my interest in science fiction might make me more likely to believe their version of events.

The jurors were really just random people, with various jobs. I think I was the only one with a white collar job. We spent a lot of time in the jury room chatting. Since we can’t talk about the case, it’s all small talk. I actually now believe that Twelve Angry Men drama is unlikely simply because you get to know the other jurors pretty well in the course of the trial and would treat them as though they were friends. You’re stuck in a room with them, and can’t talk about the trial, so there’s a certain amount of bonding taking place.

As for the DA, one of the defense witnesses said the DA had asked him to lie on the stand in exchange for getting help with Immigration. This did not please the DA, who said he only told the witness to tell the truth – and he had a transcript to prove it. There was definitely a hint of “Do you want a perjury rap?” in his tone.

Precambrianmollusc – the admonitions only applied outside the courtroom – don’t read about the case (it was in the paper the day after the opening statements. I deliberately didn’t read the paper that day; my wife saw it and asked if the case was in Supreme Court, and recognized the name of the judge, but I didn’t read it until after we were dismissed), don’t discuss the case, report if you’re approached about the case, etc.

We tried to keep a poker face, but when you hear someone say in court, “she was just a piece of ass to me,” laughter is inevitable. You can laugh and react – that’s inevitable.

They do watch you. After the first day, two of the jurors were called in to talk to the judge. One had a terrible cold and was probably asked if she was too sick to continue. The other had admitted to us she had been close to dozing off the day before and the judge had asked about that. But there are no restrictions (the judge could admonish you after the fact).

Things aren’t always serious anyway. On one day, a witness had trouble reading a document, so the judge leant her his glasses. The next day, the DA would show documents and then say, “if you can’t see it, we can get you some glasses.”

Well, a transcript doesn’t prove a lot where the DA has control over what it contains, nor does an audio recording where someone has access to a mute button to certain mics (meaning, even where the recording appears or is intact). I’ve come across at least one judge who is willing to mute requisite mics to ensure certain things he didn’t want in the official trial recording were missing. So … I would not automatically disbelieve a defendant who says a DA did X.

I’m always curious why people persist in the notion that police, judges, lawyers are any more or less likely to be honest than any other human in any line of work and are therefore more believable by default.

Of course, none of this changes the fact that it appears the defendants were just ridiculously dumb (including the one who believed it would get him anywhere by raising the issue of misconduct by the DA … even if he had the guy dead to rights).

Very informative, thanks for taking the time to post all this.

I’ve got a jury summons for next Thursday and have found the experience interesting before. I had no idea about knowing someone in the police department or DA’s office possibly being a disqualifier. I took college trip abroad that included our DA and have known her family for years. Wonder if my stay in court will be brief.

It’s not really a “disqualifier,” but definitely something the lawyers will want to follow up on to see the extent of the connection and any potential bias you may have. Depending on the case (it could be civil) and what the rest of the panel looks like, you may end up being perfectly acceptable.

It boils down to if the lawyers think it disqualifies you (when you make an admission, even one that would mean you’d be disqualified, they thank you for telling the truth, BTW). And there are differences between civil and criminal cases; I would guess knowing the DA would not be a deal killer on a civil case.

IANAL but I don’t think this bodes well for the defense.

Regards,
Shodan

Were you allowed to take notes?

This is interesting. You can’t talk about the case with the other jurors, say, when you’re on a break? Can you only discuss the case with them once you’re told to go for deliberations? Is the idea that jurors shouldn’t influence each other until all the facts are in?

How long did the trial go on?

Were you allowed to take notes? On TV, the jurors are always sitting there with their hands in their laps, and I wonder how the hell they are supposed to remember what went on. Could you bring in a pen and paper? Or did you have to go by only what the court reporter recorded?

ETA: ninja’d on the notes question, dangit.

That’s correct. The concern is that if you start discussing the case before you have all the facts, you’re going to start forming your conclusions, and then if subsequent evidence goes against your initial opinions, you may start to discount it in favour of your initial opinion.

Except only, as far as I know, in Arizona, where the jurors can discuss the case as it goes along, provided they are all present. It’s very unusual.

No notes. The question was brought up during jury selection; it can sometimes happen in long trials (several weeks at least), but that’s rare. I think the idea is that the notes can influence how you think, and could be shown to other jurors; if there’s a question about what is said, you request a reading of the transcript.*

As far as remembering, most of the main points are made more than once and in different ways. I also learned that it’s fairly easy to forget testimony when you’re told the disregard it: there’s so much information that you quickly forget the answer to any single question.

You can’t talk because it can influence how the jurors might think, and until all evidence is in, you’re not supposed to form an opinion.

This took seven days. Two days of jury selection, a half day of opening statements, 2 1/2 days of prosecution witnesses, and about a day of defense witnesses (the two defendants and one other). They took the plea at about 3 pm of the last day.

*During jury selection, one juror said she had a bad experience on a previous jury because someone had testified to something, but no one could remember who or what was exactly said. From what the judge said, it seems like they could have just explained the situation and the court clerk (the busiest person in the courtroom, BTW) could have looked for it.

The defense claimed that a woman – the girlfriend of the defendant’s estranged husband – plotted against her to start the fire and blame her. It certainly wasn’t impossible – the woman knew all the people involved, including the boy who started the fire – but not the most plausible thing in the world. No evidence was presented that confirmed anything (other than she may have had animosity against the defendant – but nothing to imply she had anything to do with the fire)>

How did your employer handle your time away (if I’m not being too nosy)? Did you have to take the seven days unpaid, use vacation time, or was it treated as regular paid time?

I was only called for jury duty a couple of times. I made it to the jury pool, but in both cases, after sitting around for a day or two, the case got settled. My employers (different ones in each instance) just paid me for the days and didn’t make me burn vacation. So it ended up being extra paid time off (boring, boring time off).

In my case, my employer allows you take jury time off, so it wasn’t an issue: it doesn’t count against my vacation.

Others had more problems. Some needed to turn in proof of service (there were forms on the jury table each day for this). Some were self-employed. If you were a hourly employee, you could be eligible for payment by the court – $40 a day.

We also had to pay for parking in the parking garage, but at a discount rate. It was probably the best deal; all street parking is metered (and you can’t get out to feed the meter).

Jury selection is boring, but once you’re chosen, it gets interesting.