Do potential jurors have to take an oath?

In My Humble Opinion
41

But the Defense still gets their hands on them. And there are corrupt court clerks.

You are saying there are no crooked or corrupt lawyers? Of course there are.

Federal prosecutors say Paul Bergin had a wintess killed in a drug case, hired a hit man to kill another, and used a Newark restaurant as front for a cocaine ring. He was arrested in May and indicted in Newark in November, charged with conspiracy and murder.

Bergrin’s touch tactics are legendary. “No witness, no case,” he reportedly said.

42

Watch 20/20 or Dateline the weekend after some high profile case has ended & you’ll see them interviewing 5 or 6 of the jurors. It’s my understanding that the jurors personal information is released immediately after the trial is over. (Yet one more way that {certain} jurors are treated like shit)
Is the public allowed in the gallery during voir dire? IOW, could you sit there & listen to the answers of those personal questions & then get that person’s name & address after the trial is over?

43

I never said any such thing. There can corruption anywhere. That doesn’t make it widespread. You’re erecting a straw man.

Even the piece your cited about Paul Bergin says he targeted a witness, not a juror. Big distinction.

To allow the exception to dictate the rule is misguided, in my view.

If this is the basis for your opinions, I’d revisit that. These cases are chosen on the basis of their sensationalism. Again, that’s the exception, not the rule. Jurors always have the choice to not speak to anyone about their service. Many of them make that choice.

Yes. Absent a stated reason on the record, trial proceedings are generally open to the public. However, if a good reason is offered (outside the hearing of the public), then the judge can and often does close the proceedings.

No trial attorney in any courtroom I worked in asked for addresses during oral voir dire. Questionnaires, when they were used, were preserved in our official record because they are part of the official record, but that didn’t make the information available to the public. Juror questionnaires are kept under seal, lock and key. If someone seeks private juror information, they must make a motion to a judge and be prepared to show cause why they should have the information. Never saw it happen.

Jurors are always invited during oral voir dire to indicate when they prefer to speak in private, not in open court. Judges I worked with were extremely liberal in granting such privacy. All you have to do is ask.

44

Nor did I say attorney corruption is widespread., it isn’t.

But here were some questions for a gang murder:

Do you have any children? Do any of them live in the home? Are any of them attending school, and if so, what schools do they attend?

What business do they have for asking such potentially dangerous questions? And there were more.

I looked at the questionnaire, and asked the judge for a question- I said I was a Federal Agent, and just 3 years prior I have been on the Civil Grand Jury. I said no sane attorney would want me on the jury (for a murder trial) and the judge dismissed me with thanks. But I have wondered about those questions.

45

As has already been noted, questionnaires for jurors (beyond very basic demographic info - name, age, type of job) tend to only be used for higher profile, or more serious, cases. Specific questions tend to be geared towards the nature of the charges.

So, if I had to venture a guess as to why such questions were being asked, it’s because the gang murder involved school age kids (much gang violence is amongst teenagers- and you’d be surprised when you see the slight, skinny kids who end up brandishing weapons).

Therefore, the point of the inquiries was likely to preemptively identify people who might have a relationship to those involved for the purpose of excluding them as a potential juror.

But if you want to tell the judge that you think these are the sort of details that you feel put you or your family at risk, you can do so. You can even tell the judge that you’d like to say so privately, and not in front of the other jurors (although the lawyers - even if they might potentially be corrupt and amenable to killing you - will also be able to listen).

I’ve had a potential juror say that he feared what might happen to him in his community if he didn’t rule the “right way” in a case, and he was excused.

46

What improvements are you proposing?

47

Why all this bitter resentment toward jury duty and questionnaires? Seriously, I get that it’s a pain. It’s been a pain for me, too, but I’ve always been grateful for the judicial system, imperfect as it is, and I don’t get why people act like the government is out to get them because our judicial system relies on ordinary citizens like us.

8 years ago, I was summoned for jury duty, and we were sworn in en masse before voir dire.

3 years ago, I was summoned again (different state). The questionnaire we filled out said the case involved voyeurism. The questions involved any prior experiences. I was stalked by the man who sexually assaulted me and said so. The questionnaire asked if we could still be impartial. I thought I could, but since I was already shaking just answering those questions, I realized I would not have been a good juror in the extremely unlikely event I was selected. I answered “No,” and was dismissed.

My questionnaire did NOT have my name on it, only my juror number.

We entrust doctor’s offices with even more personal information, and with fewer safeguards.

48

Minimum wage for jurors, paid per day, non-taxable.

The questions screened for juror safety in high profile cases.

For example, if it had been

Then just ask “Do you know anyone who works at or attends Bob Smith High?” Because the little girl attending kindergarten two cities over is not relevant.

Have it right there on the questionnaire, etc, that you can answer the questions in confidence with the judge or

Because that was by no means mentioned.

49

Where does that money come from, may I ask?

Take your jury service, times it by 500 people per day (multiple courtrooms are trying cases, remember) and you begin to appreciate the scope of what you’re asking. I mean, if you don’t mind big-ass tax increases…

As has been previously noted, courts already operate on a shoestring. It’s simply out of the question.

Is it really so much to ask for the privilege of living in our country?

Judges don’t like to get this sort of thing started if at all possible. Every time a juror requests to be questioned out of the hearing of the other jurors, the judge must excuse the rest of the PJs from the courtroom and tell them (estimate) when to return to the courtroom. Think your fellow PJs are happy about this?

These comings and goings must also be noted on the record every time it happens. The judge must excuse the jurors, then note who is now present and who is not. Questioning of the special PJ occurs. A decision is made. Juror is kept or excused. Judge calls court back into regular session. PJs return to the courtroom, roll must be taken to ensure all have returned. The judge then again notes who is now present and who is not. Regular proceedings resume.

Even if the judge allows only 10 minutes per request, by the time you facilitate the departure and return of all those PJs, you’re talking 20 minutes per – and that’s assuming everything goes right. That’s 3 PJs per hour. For a trial session that usually only lasts 3-4 hours per day. Because remember, judges are also juggling their regular calendars, settlement conferences, ex parte hearings, returning phone calls, signing orders and warrants… etc., etc., etc. There’s a lot more going on than most people appreciate.

ETA: One tactic the judges I worked for used to minimize the ‘special PJ’ phenomenon was to tell the juror they’d have to wait until the end of the regular voir dire session before we took up their private voir dire. That usually put a stop to much more of it.

@nelliebly, thank you for your service – and your willingness to perform your civic responsibilities. The justice system in this country just doesn’t work without your participation. I wish there were more like you.

50

I think you missed my point. First, I noted it was high profile cases; yes, the majority don’t get requests for interviews, but then I don’t get to choose which trial I become a juror for. Second, I know I have the right to not go on camera, or even talk to them when they call.
The point was the gov’t is forcing me to do something & then making my contact info avail to the press/public when it’s over specifically because I did that something, they’re not doing sit down interviews with Joe or Tom or Mary on the street about so-&-so’s trial. Also, someone who bothered to sit there during voir dire could manage to figure out who I was & some non-public info that I was forced to disclose. Jurors are supposedly this wonderful people, to be treated with (almost) reverence in the court room yet in practice they get the shortest end of the straw of any person in the courtroom. No one else has to talk about bad things that may have happened to them & that they don’t want to bring up.

51

Don’t worry. I feel sure you will never serve a day on any jury.

52

Then why do I have to go in, waste a day, without pay, to have them confirm this?

53

Because it’s hard to get a jury pool if you let people simply decline to participate. It’s indeed a “duty”, which is why the people who rely upon it are pushing back against the idea that they’d abuse the system. To the contrary, jurors are feted to the extent possible.

54

One of the things I love about zoom voir dire. A click of a button and the other jurors are gone and another click and they’re back. Plus, they’re all relaxing at home during the process. They tend to be in a much better mood (and more forthcoming with their answers for some reason)

55

That’s really cool. :slight_smile: Do you think your courts will carry on with Zoom voir dire post COVID? These weren’t options when I clerked, but what a great development!

56

I think some might, it’s so much better for the the jurors. Then, once you get your group, only those people need to come in to court. Some judges have really embraced zoom, while others are completely hostile.

57

LOL, I’m shocked, SHOCKED! to learn you have judges who are resistant to change! :astonished: :wink:

When I began my career with our court, I swear I expected them to hand me an ink pot and a quill pen. Everything was hand-written, rough trial minutes, minute orders, gah! This was in the late 80s, but most of the local attorneys already had computers on every desk in their offices. I remember it was a couple of years before our court put them in the courtrooms.

58

Is Minimum wage too much to ask? The various counties and states will just have to budget for it. Mind you, still, many people will take a economic hit, if their regular job pay twice that, for example. However, if your company pays you your regular wages, of course you get nothing.

This is like asking where all those mega-corps like Walmart will get the money for the latest Minimum wage hike. LA County has a $35 BILLION budget. There is room.

So, this wouldn’t be that expensive, and would help those who Jury Duty would be a financial hardship.

So, then, how does a juror know all those wonderful exceptions you claim they can get, if they are secret? Does a duck drop from the ceiling if you say the magic word? :grinning: :crazy_face:

59

Financial hardship is always an basis to be excused. Many companies pay their employees their full wage for jury duty, commonly for 3 days, some for much longer.

In the court where I worked, the judges always stated it on the record. But they didn’t dwell on it. No duck required.

60

Yes, and so with my system, they court would not have to pay them.