Jury duty
Encyclopedia
Jury duty is service as a juror
in a legal proceeding. When a person is called for jury duty in the United States
, that service is usually not optional: one must attend or face strict penalties. Employers are not allowed to fire an employee simply for being called to jury duty. (However, they are typically not required to pay salaries during this time.) When attended, potential jurors may be asked to serve as a juror in a trial, or they may be dismissed. See jury selection
and Taylor v. Louisiana
. Jury duty has been criticized by some libertarian
groups as involuntary servitude
that is akin to conscription
.
or the Trust Territory of the Pacific Islands
. Judicial proceeding means any action or suit, including any condemnation, preliminary, informational, or other proceeding of a judicial nature, but does not include an administrative proceeding (a summons or subpoena, to serve as a witness, by an administrative law judge). Administrative proceedings do not have juries; they are not informational or preliminary in nature and the judge makes the ultimate decisions.
, which asks about their background. Once the forms are filled out, jurors wait in the juror room until called. Once called, a group of jurors will be escorted to the court room and the judge will begin to call names. The judge and attorneys for each side will use the voir dire
, a series of questions, to determine if a juror is acceptable for the case being tried. The prosecutor and defense may dismiss potential jurors for various reasons, which may vary from one state to another, and they may have a specific number of arbitrary dismissals which do not have to be for specific reasons. The judge may also dismiss potential jurors.
Some courts have been sympathetic to jurors' privacy concerns and refer to jurors by number, and conduct voir dire in camera
. There have also been Fifth Amendment
challenges and medical privacy (e.g., HIPAA) objections to this.
During the juror selection process, both parties can object to up to three potential jurors without giving reasons. Legislation on NSW jury duty can be found in the 1977 Jury Act here with details of persons who are ineligible and excused found in Schedules 1, 2 and 3.
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
in a legal proceeding. When a person is called for jury duty in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, that service is usually not optional: one must attend or face strict penalties. Employers are not allowed to fire an employee simply for being called to jury duty. (However, they are typically not required to pay salaries during this time.) When attended, potential jurors may be asked to serve as a juror in a trial, or they may be dismissed. See jury selection
Jury selection
Jury selection are many methods used to choose the people who will serve on a trial jury. The jury pool is first selected from among the community using a reasonably random method. The prospective jurors are then questioned in court by the judge and/or attorneys...
and Taylor v. Louisiana
Taylor v. Louisiana
Taylor v. Louisiana, 419 U.S. 522 , is a significant Supreme Court of the United States case, which held women could not be excluded from a venire, or jury pool, on the basis of having to register for jury duty, thus overturning Hoyt v. Florida, the 1961 case that had allowed such a...
. Jury duty has been criticized by some libertarian
Libertarianism
Libertarianism, in the strictest sense, is the political philosophy that holds individual liberty as the basic moral principle of society. In the broadest sense, it is any political philosophy which approximates this view...
groups as involuntary servitude
Involuntary servitude
Involuntary servitude is a United States legal and constitutional term for a person laboring against that person's will to benefit another, under some form of coercion other than the worker's financial needs...
that is akin to conscription
Conscription
Conscription is the compulsory enlistment of people in some sort of national service, most often military service. Conscription dates back to antiquity and continues in some countries to the present day under various names...
.
Court leave or duty
Government employees are in a paid status of leave (in accordance with http://law.justia.com/us/codes/title5/5usc6322.html) for the time they spend serving as a juror (also known as court duty or court leave by some organizations). Many quasi-governmental organizations have adopted this provision into their contract manuals. Accordingly, government employees are in a paid status as long as they have received a summons in connection with a judicial proceeding, by a court or authority responsible for the conduct of that proceeding to serve as a juror (or witness) in the District of Columbia or a state, territory, or possession of the United States, Puerto RicoPuerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
or the Trust Territory of the Pacific Islands
Trust Territory of the Pacific Islands
The Trust Territory of the Pacific Islands was a United Nations trust territory in Micronesia administered by the United States from 1947 to 1986.-History:...
. Judicial proceeding means any action or suit, including any condemnation, preliminary, informational, or other proceeding of a judicial nature, but does not include an administrative proceeding (a summons or subpoena, to serve as a witness, by an administrative law judge). Administrative proceedings do not have juries; they are not informational or preliminary in nature and the judge makes the ultimate decisions.
Juror selection process
Once a potential juror has entered the courthouse, they must fill out a jury questionnaireJury questionnaire
A jury questionnaire is a form that potential jurors fill out prior to voir dire. They are used in virtually all high-profile cases. Many jurisdictions "qualify" jurors by selecting only those who receive, complete, and return jury questionnaires. Some studies have found that large percentages of...
, which asks about their background. Once the forms are filled out, jurors wait in the juror room until called. Once called, a group of jurors will be escorted to the court room and the judge will begin to call names. The judge and attorneys for each side will use the voir dire
Voir dire
Voir dire is a phrase in law which comes from the Anglo-Norman language. In origin it refers to an oath to tell the truth , i.e., to say what is true, what is objectively accurate or subjectively honest, or both....
, a series of questions, to determine if a juror is acceptable for the case being tried. The prosecutor and defense may dismiss potential jurors for various reasons, which may vary from one state to another, and they may have a specific number of arbitrary dismissals which do not have to be for specific reasons. The judge may also dismiss potential jurors.
Some courts have been sympathetic to jurors' privacy concerns and refer to jurors by number, and conduct voir dire in camera
In camera
In camera is a legal term meaning "in private". It is also sometimes termed in chambers or in curia.In camera describes court cases that the public and press are not admitted to...
. There have also been Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
challenges and medical privacy (e.g., HIPAA) objections to this.
Scams
In recent years, citizens of the US have been targets of a "Jury Scam". They are called by someone posing as an officer from a court, claiming that the person did not show up for jury duty and that charges will be pressed. Callers are then told that the matter can be taken care of if personal info is given. However, federal courts in the US mostly use the USPS, and any calls do not require personal info.Australia
Australia uses an adversarial system, and potential jurors are randomly selected from an electoral roll. A guide for jurors in NSW can be found at the Sheriff's Department website here.During the juror selection process, both parties can object to up to three potential jurors without giving reasons. Legislation on NSW jury duty can be found in the 1977 Jury Act here with details of persons who are ineligible and excused found in Schedules 1, 2 and 3.
Further reading
- Abramson, Jeffrey B., "We, the jury: the jury system and the ideal of democracy", Harvard University Press, 2000. ISBN 0-674-00430-2
- http://www.wikihow.com/Get-Out-of-Jury-Duty