# Why doesn't the Bill of Rights consider jury duty to be involuntary servitude?

**URL:** <https://boards.straightdope.com/t/why-doesnt-the-bill-of-rights-consider-jury-duty-to-be-involuntary-servitude/285004>\
**Category:** Great Debates\
**Created:** [January 16, 2005, 7:02am UTC](https://boards.straightdope.com/t/why-doesnt-the-bill-of-rights-consider-jury-duty-to-be-involuntary-servitude/285004 "2005-01-16T07:02:55Z")\
**Posts on this page:** 5\
**Page:** 2

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**Author:** ![BobT](https://avatars.discourse-cdn.com/v4/letter/b/8e8cbc/32.png) [@BobT](https://boards.straightdope.com/u/BobT)\
**Post date:** [January 17, 2005, 4:57pm UTC](https://boards.straightdope.com/t/why-doesnt-the-bill-of-rights-consider-jury-duty-to-be-involuntary-servitude/285004/21 "2005-01-17T16:57:42Z")

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The state isn’t paying “market price” for jurors because it couldn’t afford to do so and keep the courts operating. A voluntary jury wouldn’t always be a jury of one’s peers.

Everytime I’ve been on jury duty, there has always been a way to be excused if you can show financial hardship.

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**Author:** ![Roland\_Deschain](https://avatars.discourse-cdn.com/v4/letter/r/73ab20/32.png) [@Roland\_Deschain](https://boards.straightdope.com/u/Roland_Deschain)\
**Post date:** [January 18, 2005, 5:01am UTC](https://boards.straightdope.com/t/why-doesnt-the-bill-of-rights-consider-jury-duty-to-be-involuntary-servitude/285004/22 "2005-01-18T05:01:49Z")

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So is the Butler case the final word on the issue? Let me ask the question this way if a 13th Amendment (and any other grounds you can think of) case against mandatory jury duty were presented to the current SCOTUS by the **best** counsel (assume for the purposes of this question that it was granted a writ of certiorari even though I’m sure most of you think it wouldn’t be) what do you think the vote would be? Also, are there any Federal District Courts or Appeals courts where it might have a shot (especially if 14th amendment grounds were emphasized).

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**Author:** ![Kel\_Varnsen\_Latex\_Division](https://avatars.discourse-cdn.com/v4/letter/k/aeb1de/32.png) [@Kel\_Varnsen\_Latex\_Division](https://boards.straightdope.com/u/Kel_Varnsen_Latex_Division)\
**Post date:** [January 18, 2005, 7:47am UTC](https://boards.straightdope.com/t/why-doesnt-the-bill-of-rights-consider-jury-duty-to-be-involuntary-servitude/285004/23 "2005-01-18T07:47:30Z")

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Assuming it got to a vote, the vote would be 9-0.

> [@](#):
>
> (especially if 14th amendment grounds were emphasized).

I don’t think there is a federal that would take this seriously.

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**Author:** ![Cliffy](https://avatars.discourse-cdn.com/v4/letter/c/59ef9b/32.png) [@Cliffy](https://boards.straightdope.com/u/Cliffy)\
**Post date:** [January 18, 2005, 9:53pm UTC](https://boards.straightdope.com/t/why-doesnt-the-bill-of-rights-consider-jury-duty-to-be-involuntary-servitude/285004/24 "2005-01-18T21:53:04Z")

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> [@Blalron](#):
>
> The 11th amendment doesn’t really grant sovereign immunity. It only prevents a state from being sued by a citizen who lives in a different state.

No. [_Hans v. Louisiana_, 134 U.S. 1 (1890)](http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?navby=case&court=us&vol=134&page=10).

–Cliffy

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**Author:** ![foolsguinea](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/foolsguinea/32/14751_2.png) [@foolsguinea](https://boards.straightdope.com/u/foolsguinea)\
**Post date:** [January 18, 2005, 10:31pm UTC](https://boards.straightdope.com/t/why-doesnt-the-bill-of-rights-consider-jury-duty-to-be-involuntary-servitude/285004/25 "2005-01-18T22:31:33Z")

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But to the OP: I think jury duty is one of those “civic duty” things. Kind of like how collecting taxes isn’t classed as criminal extortion. :rolleyes:

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