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bisley
Senior MemberPosts: 10,798 Senior Member
My Federal Jury Duty experience
bisley
Senior MemberPosts: 10,798 Senior Member
I sat on a jury last week in a federal lawsuit, and I have to say that I actually feel like I made a contribution, for once.
It was an inmate lawsuit against 6 prison guards and the State of Texas for violating his 8th amendment rights (cruel and inhuman punishment), in which the inmate represented himself (no lawyer). As you might expect, he got creamed, due to having absolutely zero evidence, other than his own rambling and irrelevant testimony. The case should have never seen the light of day, but the judge explained to the jury, after the trial, that the prison system has spawned hundreds (if not thousands) of jailhouse lawyers, and that they filed 900 federal lawsuits, this year, alone. None of them are good enough to make it to court, but they have to hear some of them to avoid being accused of prejudice or whatever. The one we heard, bad as it was, was one of the top 80, which is how many made it to court this year, in Texas.
When we were given our orders and retired to the deliberation room, I expected to be done within 10 minutes. But, as usual, there were a couple of folks there who wanted their 15 minutes of fame, and had every intention of reviewing the evidence, piece by piece, all of which was presented by the state's lawyers. After compiling a list of evidence to be requested, the foreperson asked if anyone wanted to add anything before sending the note to the judge, and I was, by then, disgusted enough to speak my mind, so I raised my hand.
I suggested that before we started getting into all the evidence that the state (the defendants) produced, why didn't we just review all the evidence produced by the plaintiff. Someone popped up and said, "What evidence? We have unbelievable testimony from a professional criminal, two other professional criminals who admit that their testimony is 'heresay,' and a video that shows nothing that the guy is alleging to have happened. He presented nothing that can be proved, in any way."
"Exactly, " I said. "If the state of Texas had rested their own case, as soon as the plaintiff finished his, we would not now be asking to see their evidence, and we would still reach the very same conclusion that we are going to reach 3 hours from now, if we do review the state's case." There was silence, for a few seconds, and then others started speaking up, in agreement. Ten minutes, later, we were back in the courtroom with that verdict, and it was all over in another ten minutes.
The judge asked the jury to stay, so she could talk to us and the defense lawyers could ask us some questions. As it turns out, the plaintiff is one of the worst and most violent offenders in the system, with a decade long history of violent misbehavior. He had been convicted of capitol murder, along with his brother, who was executed several years ago. He's been in the system since he was about 17, and only recently connected up with the jailhouse lawyer crowd. Until he decided to sue, he broke the rules, daily...setting fires in his cell, weapons violations, fighting, and harassing the guards. None of this, of course, was allowed to be introduced into evidence, although the states attorneys were clever enough to see that we had a general idea.
All in all, it was a very interesting and enlightening experience. I'm glad it's over and that I likely won't get another federal jury summons, but I'm not sorry that I got to see a little bit of how the system works.
It was an inmate lawsuit against 6 prison guards and the State of Texas for violating his 8th amendment rights (cruel and inhuman punishment), in which the inmate represented himself (no lawyer). As you might expect, he got creamed, due to having absolutely zero evidence, other than his own rambling and irrelevant testimony. The case should have never seen the light of day, but the judge explained to the jury, after the trial, that the prison system has spawned hundreds (if not thousands) of jailhouse lawyers, and that they filed 900 federal lawsuits, this year, alone. None of them are good enough to make it to court, but they have to hear some of them to avoid being accused of prejudice or whatever. The one we heard, bad as it was, was one of the top 80, which is how many made it to court this year, in Texas.
When we were given our orders and retired to the deliberation room, I expected to be done within 10 minutes. But, as usual, there were a couple of folks there who wanted their 15 minutes of fame, and had every intention of reviewing the evidence, piece by piece, all of which was presented by the state's lawyers. After compiling a list of evidence to be requested, the foreperson asked if anyone wanted to add anything before sending the note to the judge, and I was, by then, disgusted enough to speak my mind, so I raised my hand.
I suggested that before we started getting into all the evidence that the state (the defendants) produced, why didn't we just review all the evidence produced by the plaintiff. Someone popped up and said, "What evidence? We have unbelievable testimony from a professional criminal, two other professional criminals who admit that their testimony is 'heresay,' and a video that shows nothing that the guy is alleging to have happened. He presented nothing that can be proved, in any way."
"Exactly, " I said. "If the state of Texas had rested their own case, as soon as the plaintiff finished his, we would not now be asking to see their evidence, and we would still reach the very same conclusion that we are going to reach 3 hours from now, if we do review the state's case." There was silence, for a few seconds, and then others started speaking up, in agreement. Ten minutes, later, we were back in the courtroom with that verdict, and it was all over in another ten minutes.
The judge asked the jury to stay, so she could talk to us and the defense lawyers could ask us some questions. As it turns out, the plaintiff is one of the worst and most violent offenders in the system, with a decade long history of violent misbehavior. He had been convicted of capitol murder, along with his brother, who was executed several years ago. He's been in the system since he was about 17, and only recently connected up with the jailhouse lawyer crowd. Until he decided to sue, he broke the rules, daily...setting fires in his cell, weapons violations, fighting, and harassing the guards. None of this, of course, was allowed to be introduced into evidence, although the states attorneys were clever enough to see that we had a general idea.
All in all, it was a very interesting and enlightening experience. I'm glad it's over and that I likely won't get another federal jury summons, but I'm not sorry that I got to see a little bit of how the system works.
Replies
Jerry
"Slow is smooth, smooth is fast, and speed is the economy of motion" - Scott Jedlinski
It's probably just as well that people who brag about avoiding jury duty are able to get away with it. Thankfully, there are quite a few folks who consider it to be a solemn duty, as a citizen of a free country.
Last time I was called for county court jury duty several years ago they made a mixup. I went in for jury duty, got called to the stand for questioning, and knew something was wrong. As soon as I saw who the defendant was I told the judge that I couldn't serve on the jury as I was a prosecution witness for the case. He excused me from jury duty. I live in a small county with not a large population so something like that can happen occasionally.
― Douglas Adams
Jury duty can be a pain. It seems like most of the time I get a summons, it's when I want to do something else. It never happens when I have nothing to do. However, once I get caught up in it and sometimes selected for the jury, I enjoy it somewhat. I have actually TRIED to get selected. I've never been called for the Fed though. I've heard that a federal grand jury can tie you up for months. But they say you hear all kinds of stuff you never realized happens. I recommend everyone if you get a chance serve on a jury. It will enlighten you and also can make you a better citizen.
I sat on a jury for a drug case that never should have gone to trial. While most of us on the jury knew of the defendant AND his reputation ,the evidence was not there to support a conviction. I was fairly certain the guy was guilty due to his past history but in this case it was not proven. I thought to myself several times during the trial: "What if this was one of my sons?" We found him not guilty and the next week his name was back in the local newspaper having been arrested again.
Actually, when the judge said, "All of you that are insured by 'x', please rise.......thank you, you're dismissed" about half of us walked out.
i was disappointed, because I was looking forward to serving. Always wanted to, at least once.
And that, I think, is the crux of the matter.
In 2000 I was the jury foreman on a 2nd degree murder trial. Due to "suppression of evidence to preempt jury prejudice", what should have been a very simple two minute head count of "guilty" votes turned into a day long session of gut-wrenching deliberations.
I used to wonder about some jury verdicts, often thinking that the majority of jurys/jurors must be complete morons. Now, I don't feel that way. The stuff the jurors don't get to see or hear is often more important than the stuff they do have access to. No wonder some seemingly screwy verdicts get handed down on a routine basis.
Mike
N454casull
Thats what angered me about the mouth breathers that were calling for the heads of the Casey Anthony jurors. I think, congruent to the lack of evidence, they made the correct decision, even if it wasn't the "right", street justice decision.
Adam J. McCleod
Yep! there are really legitimate ways to get out of jury duty besides making yourself look like some kind of horses rump with that racially biased nonsense....unless, of course, you are racially biased. Call the court, explain the situation and they will remove you from the pool....However, you DO have a civic duty to serve.
I've been called for jury duty many times but never seated on a jury because of my affiliation with Law Enforcement, EMS and Fire ....("Do you know this police officer/paramedic/firefighter? " "Yep! I know them all" and that was the end of that.) I was just called again last week for a trial on Wednesday, we'll find out what happens now that I'm retired.
Had this one smart-butt ditz say I could take leave for it......this is priceless......"so you want me to take my accrude leave days.....pay hundreds of dollars for a flight back home, to possibly be selected for a position that would comp me only $50 a day.....nevermind that I don't even get a chance to take leave for hunting in November cause tank gunnery goes on at the same time....and that is my primary job......don't get home for the holidays cause of some FTX or other.....and you want me to come back home for some silly trial selection when you have thousands of alternates......gent bent lady and put your department head on the phone......."click""......Oh, this other time was priceless too......My tank loader got a summons while in the desert......he showed it to Top, who said....."I'll write a note for you....you ain't goin' nowhere right now!" :tooth:
Now as a civilian....been asked only a couple of times.....and the farthest I made it was the selection questioning.....but they got their 12 before they got to my row in the benches.
Nice.
You are of little help. You like the system? Then you have to help make it work.
Hmmmm- - - - - -lying to achieve a little financial gain- - - - -have you ever considered becoming a lawyer, or maybe an insurance salesman?
Jerry
I was called twice a year for thirty years and never got selected. Something about middle age puts you into the 'right' profile that lawyers are willing to consider. I've been selected three of the last four times I've been called. Also, being on a hung jury or mistrial will sometimes get you filtered out. My wife was called as often as I was, until she was on the hung jury - she has not been called in nearly ten years, since that trial.
:yikes::yikes::yikes:
Jerry