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no_hypocrisy

(46,386 posts)
Tue Apr 16, 2024, 05:58 AM Apr 16

My experience as a prospective juror in a criminal case

All prospective jurors were under oath to answer truthfully.

I made the first cut. Educated with three degrees and nine years of college and graduate studies.

Then came the survey. Our present employment. What type of media did we regularly engage in. Including social media.

I answered that I was a defense attorney and I didn't entirely trust police to accurately record what actually happened.

I also put down that I was a devotee of MSNBC and regularly viewed Rachel Maddow, Chris Hayes, Joy Reed, etc. For radio, I listened to WBAI, an independent franchise of Pacifica Radio. I listed one program on it, "On The Count," which is devoted to the rights of convicted inmates.

I was asked if I could listen to this criminal case and remain impartial. I responded that I could.

However, the prosecutors excused me with one of their preemptory challenges. It's their right. My progressive views indicated that I would be a loud voice during deliberations and they just didn't want to take that chance.

So, as far as TSF's team wanting their jury panel to contain just one dissenting voice, it will be difficult. If that one voice lied on his/her survey and his/her "interview" with the judge before being seated, s/he will be removed during deliberations and replaced with an alternate juror. The proverbial fine-tooth comb will be applied to ALL prospects.

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My experience as a prospective juror in a criminal case (Original Post) no_hypocrisy Apr 16 OP
I was in a jury pool for a murder case. We had MOMFUDSKI Apr 16 #1
How can a juror be replaced during deliberations? honest.abe Apr 16 #2
Not if the rest of the jury reports to the judge that the juror reveals no_hypocrisy Apr 16 #3
it is my understanding that you cant just remove a juror just because he/she doesnt agree with the other jurors. honest.abe Apr 16 #5
If that juror announces that the facts given at trial make no difference to him/her, no_hypocrisy Apr 16 #6
It's interesting to find out how this stuff actually works ActRaiser Apr 16 #7
Why would a juror say that? i think he/she would simply say I disagree with all of you.. honest.abe Apr 16 #10
They don't know they're placing their position no_hypocrisy Apr 16 #14
Very unlikely they would say something like that even if first time. I certainly wouldn't count on it. honest.abe Apr 16 #15
The Jury Box will have 12 Jurors AND 2-4 Alternates. brooklynite Apr 16 #8
These days they ask about all the person's social media accts. Liberal In Texas Apr 16 #4
Well, at least you made the prosecution use one of their valuable challenges aeromanKC Apr 16 #9
I don't think it's just political views. They look at alpha types ecstatic Apr 16 #11
I got half the word "attorney" out before the defense excused me. LastLiberal in PalmSprings Apr 16 #12
It sounds as though you were asked about "all online media" but I am curious... hlthe2b Apr 16 #13

MOMFUDSKI

(5,877 posts)
1. I was in a jury pool for a murder case. We had
Tue Apr 16, 2024, 06:23 AM
Apr 16

a lunch break and I sat with 3 other women. One was married to a law enforcement officer. She got picked for the jury! Murderer was convicted in just 3 days.

no_hypocrisy

(46,386 posts)
3. Not if the rest of the jury reports to the judge that the juror reveals
Tue Apr 16, 2024, 06:41 AM
Apr 16

that s/he will not listen to the facts and has already made up his/her mind. When the alternate is seated, the jury has to start deliberations from the beginning and ignore everything they discussed prior to the replacement.

honest.abe

(8,699 posts)
5. it is my understanding that you cant just remove a juror just because he/she doesnt agree with the other jurors.
Tue Apr 16, 2024, 07:38 AM
Apr 16

no_hypocrisy

(46,386 posts)
6. If that juror announces that the facts given at trial make no difference to him/her,
Tue Apr 16, 2024, 07:49 AM
Apr 16

then that juror is removed. Because the juror previously stated under oath that s/he would consider all the evidence and now announces s/he won't.

honest.abe

(8,699 posts)
10. Why would a juror say that? i think he/she would simply say I disagree with all of you..
Tue Apr 16, 2024, 08:08 AM
Apr 16

and agree with the defense's explanation of events. I dont see how that person can be removed.

honest.abe

(8,699 posts)
15. Very unlikely they would say something like that even if first time. I certainly wouldn't count on it.
Tue Apr 16, 2024, 11:16 AM
Apr 16

They need get them out now during jury selection.

brooklynite

(95,183 posts)
8. The Jury Box will have 12 Jurors AND 2-4 Alternates.
Tue Apr 16, 2024, 07:55 AM
Apr 16

As long as they';ve heard the same evidence, its not a problem.

Liberal In Texas

(13,643 posts)
4. These days they ask about all the person's social media accts.
Tue Apr 16, 2024, 07:33 AM
Apr 16

Any good prosecutors will have their people comb through them to find any posts that could contradict any false claims by a prospective juror.

And almost everyone these days have some kind of social media presence.

aeromanKC

(3,335 posts)
9. Well, at least you made the prosecution use one of their valuable challenges
Tue Apr 16, 2024, 08:04 AM
Apr 16

Hopefully Trump's lawyers run out of theirs early.

ecstatic

(32,831 posts)
11. I don't think it's just political views. They look at alpha types
Tue Apr 16, 2024, 08:21 AM
Apr 16

Beta types etc. Your opinion doesn't matter if you're not going to force it on the group. At some point, they determined that you were going to be able to sway other jurors and they didn't like it and you were dismissed.

12. I got half the word "attorney" out before the defense excused me.
Tue Apr 16, 2024, 09:17 AM
Apr 16

I guess I'll never find out what goes on in the jury room.

hlthe2b

(102,640 posts)
13. It sounds as though you were asked about "all online media" but I am curious...
Tue Apr 16, 2024, 10:00 AM
Apr 16

If the question had been specifically "social media," would you have felt compelled to include DU? It is, after all an online forum--something "online media" would surely include, but do you consider DU to be "social media?"

I've been asked this in jury voir dire questionnaires twice and to be honest, I specifically do not use social media (Twitter, Instagram, Facebook, TikTok) to avoid such issues as well as with employers or related... Since the only registration I have ever had was a long-defunct FB account under my dog's name (never used to post but merely to access content occasionally) I felt okay claiming none to minimal access and no accounts. But had I been asked about online media in general, I guess I'd have to include DU and that seems inappropriate since nearly all of us post anonymously.

Fortunately, those who craft such questions are typically sufficiently poor with language or understanding so as to give me a loophole, but I was just curious how you interpreted it.

BTW, if my work/background doesn't immediately get me excluded (not intentionally) then my strong, albeit not extreme views on use of guns certainly will. Unbeknownst to me my last call for jury duty was for a murder trial wherein the defendant had argued for years with his elderly neighbor and one day following a verbal altercation went home to get his assault rifle and shot him dead--none of which I had any clue whatsoever. When I started being questioned about views on guns, I probably started off pretty noncontroversial, saying I felt guns were appropriate for self-defense --but then (unknowingly stepped in it) emphasized that self defense did not mean non-imminent life-threatening danger--especially for those who go back to a car or home to get the gun before returning to use it. OH, MY. That was apparently exactly what had happened and the defense attorney lost all the blood flow to his face. They then went into chambers (in middle of voir dire) and the next thing I knew a very pissed off judge indicated the trial would be rescheduled pending a psych eval. (Apparently the defense was to be self-defense, but I'd inadvertently shown the entire jury pool how ridiculous that would be-- ) All because of that uppity potential juror anticipating their strategy. LOL (Two years later, the trial was held and he was duly convicted).

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