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A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 02-16-2010, 07:49 AM   #1
colels
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Default Jury Duty

I have a potential dilemma. I'm currently on call for Jury Duty (haven't been called yet), and there is a trial coming up involving an escort service. (Charges ranging from promoting prostitution to criminal conspiricy) I fear being called for that case could be a potential nightmare. Would the attorneys be allowed to publicly ask potential jurors if they have ever hired an escort?

I don't hobby within 100 miles of home, so I don't know any of the defendants. I just can't see admitting in public, in my home town, that I have hired escorts. However, I'm pretty sure lying about it could be worse, though I really don't know how the lie could be discovered.

Any thoughts, comments, good advice, bad advice? Any attorneys here?
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Old 02-16-2010, 10:35 AM   #2
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Just mention during your questioning that you are a proponent of jury nullification (read up on it) and more than likely you'll never be seated for ANY jury. Regarding your specific question, the defense will most likely object to your being asked the question you fear answering at any rate.

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Old 02-16-2010, 10:37 AM   #3
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This is my advise about jury duty don't go. They can only prove you got the summons if they sent it registered mail or if a deputy hand delivered it to you. I am not a Lawyer nor do I claim to be one.
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Old 02-16-2010, 11:01 AM   #4
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If you know or can find out when the escort service case is set for trial and your summons is for a different date, then go without risk that you'll serve on that jury. If they're set for the same date, you can usually get one postponement of your time to serve no questions asked, but you'll need to check what the local practice is there to be sure.

Also, I doubt the attorneys would ask you in front of all the other jurors if you've ever seen an escort. At least, if I were the prosecutor, I'd never do it that way because it's so likely people would not disclose this in open court. You're more likely to be asked on a confidential questionairre or questioned individually, although different jurisdictions do things differently and I've never practiced anywhere in Kentucky.
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Old 02-16-2010, 01:36 PM   #5
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Thanks for the replies. We don't have a summons date, we have a summons month, during which we are instructed to call on certain days to see if we are required to report the following morning. I know when the trial is scheduled, but I won't find out untill the night before if I will be called.

I have learned from a co-worker who recently had jury duty that all the questions asked in open court were very general; mostly biographical & employment. After the first round of questions, some prospective jurors were questioned with only the Judge & Attorneys present.

Maybe I should show up dressed like this:
20855.jpg
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Old 02-16-2010, 08:32 PM   #6
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In Texas, you can ask to approach the bench and answer any question that would call for personal or embarrassing information. I can't imagine in a case of this nature, that wouldn't be done. This assumes your jurisdiction has a similar procedure, which I suspect it does, otherwise, there will likely be no truthful answers to the question.

In fact, now that I think half a second about it, it will require some skill in phrasing the question. If you ask, "If you have patronized a prostitute or escort, please approach the bench," I doubt there will be any volunteers, either. Probably the question would run something like this,

"One of the great things about this country is that we're all allowed to have our own views. And given the subject of this trial, I'm sure that there are many people who have strong views of various types on this subject. If there is anyone on the panel who has strong opinions, thought, feelings, or beliefs or has some life experience, that has given you some view of escorts or prostitution that you think we need to know about before we make our strikes, would you please raise your hand so we can ask you to approach the bench and speak one on one with the judge."
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Old 02-16-2010, 10:36 PM   #7
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Default What worked For me

On initial questioner I stated if they weren't guilty the cops would not have arrested them. Worked for me, I was immediately excused.
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Old 02-17-2010, 03:42 PM   #8
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I was asked if I wanted to serve on a Jury once. I answered heck yes I love watching Judge Judy. I did not get asked another question and was not selected to serve. They will kick you off pretty quick with that one. Again I would suggest you do not call on the date they asked you to they can not prove your ever recieved the summons.
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Old 02-19-2010, 10:16 AM   #9
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Quote:
Originally Posted by iggy View Post
On initial questioner I stated if they weren't guilty the cops would not have arrested them. Worked for me, I was immediately excused.
I was thinking something like the above, or just stating that you think it's ridiculous that prostitution is illegal in Texas.
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Old 02-19-2010, 11:53 AM   #10
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First off, do NOT "not show up" -- that's a bad move. Do go. Chances are that there are several cases that will be tried during that term, and that you will probably be assigned to one of the other cases.

If you actually are assigned to that case, there are many honest answers, or seemingly honest ones, that may disqualify you before that question is ever asked. The question that you fear might be phrased, as TTH suggested, in a way that would allow you to indicate that you have a strong fixed opinion, without having to explain anything. In my state, the jury pool merely raises hands on the questions, and no explanation is normally required except to questions about having a connection with the court/LE, or being a crime victim. If you are required to say something, turbo-dog's answer is fine.
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Old 02-19-2010, 10:58 PM   #11
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And shame on you folks for contriving ways to get out of jury duty. If you're displeased with the way the system is run, go to jury duty and do your part. Even if you cannot be fair in a prostitution case, you can help the Defendant. When asked, you can speak up and say, "I'm not sure I can serve because while prostitution can be wrong, we have so many more serious crimes that I think that the police should be worried about, and so many more things that these folks here on the jury should be doing with their time, I might resent being called away from my business to be drug into what is really private conduct. But I guess I could set that aside and rule based only on the law the judge gives me and the facts that come out from the witness stand. But I worry that others might not be able to. It just seem like such a waste of tax payers dollars."

That answer will give the judge and the prosecutor untold amounts of indigestion and problems.
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Old 02-26-2010, 06:26 AM   #12
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My life was just saved because I had a jury that cared enough to listen the the evidence (or lack there or) and make a well-informed decision. Please, please do your part and serve on a jury when asked to. Looking for ways "to get out of it" iscommon practice. Heck, I use to do it. But having gone through a trial, I realize just how important jury duty is.
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Old 02-26-2010, 10:57 PM   #13
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Default Update for all that replied

I ended up not being called to report at all. The "big" escort case ended up not going to trial. One defendant pled guilty to a minor misdemeanor & received a suspended sentences with some length of probation. Charges against the others were dismissed.

What a ridiculous waste of tax money. When the arrests were made, it was front page news & the local TV station had a big video report, both praising law enforcement for their tireless efforts to keep us safe.

Nothing on TV about the plea bargain, & the newspaper story was about 8 lines, buried on page 6.

If I had all the money that was wasted on this, my hobby budget might allow for a few HDH every now & then.
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Old 02-27-2010, 07:24 PM   #14
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I agree with TexTushHog and LawyerHobbiest (maybe you can figure out my profession from who I agree with). Dont try to get out of Jury dut but then dont lie to either get out or get on the Jury. Tell the truth and if that gets you on the jury great or if it gets you excused from Jury Duty great.

Being an adult in our country has great freedoms and with it comes some responsibility, Jury duty is one of them and as local elections here in Texas are coming up, voting is another. Please be informed and exercise your rights and vote. The only way to make a change is to both show up for jury duty and to vote for someone who believes in what you belive in (or at least advertises that they believe in the same things you do).

Dont think for 1 second that serving on a jury is useless. Criminal Jurys are important for everyone involved from the accused to the victim and their families and community.

Civil juries, while annoying and seemingly meaningless impact not only that case but similar cases as well. We cant have caselaw and prior precedent without cases and we cant have decisions in those cases without juries to determine what the facts are and to tell everyone in that distrcit, city or state what the people feel about those facts. It may infulunce others to step forward against that same company and divulge wrongdooings or it may cause others to realize that they have no real case and save everyone else the time and energy of a lawsuit.

THink about it and be grateful we have these rights and responsibilities.

Thanks for taking the time to read my rant. Now enjoy your hobbying!!
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Old 02-28-2010, 08:15 AM   #15
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Quote:
Originally Posted by jwayne View Post
I agree with TexTushHog and LawyerHobbiest (maybe you can figure out my profession from who I agree with). Dont try to get out of Jury dut but then dont lie to either get out or get on the Jury. Tell the truth and if that gets you on the jury great or if it gets you excused from Jury Duty great.

Being an adult in our country has great freedoms and with it comes some responsibility, Jury duty is one of them and as local elections here in Texas are coming up, voting is another. Please be informed and exercise your rights and vote. The only way to make a change is to both show up for jury duty and to vote for someone who believes in what you belive in (or at least advertises that they believe in the same things you do).

Dont think for 1 second that serving on a jury is useless. Criminal Jurys are important for everyone involved from the accused to the victim and their families and community.

Civil juries, while annoying and seemingly meaningless impact not only that case but similar cases as well. We cant have caselaw and prior precedent without cases and we cant have decisions in those cases without juries to determine what the facts are and to tell everyone in that distrcit, city or state what the people feel about those facts. It may infulunce others to step forward against that same company and divulge wrongdooings or it may cause others to realize that they have no real case and save everyone else the time and energy of a lawsuit.

THink about it and be grateful we have these rights and responsibilities.

Thanks for taking the time to read my rant. Now enjoy your hobbying!!
:nopit y:

That's right, break out the violin and play the sad song.

First of all I agree jury service is a civic duty. In fact more than a duty, I agree we'd have better verdicts/outcomes if we had more qualified and diverse juries.

But I do have a problem with the jury service system that the OP describes in Kentucky. In short it involves being "on call" every court day for a month. Each evening you call a "hotline" & find out if you are needed to appear the following morning. I'll suggest that is antiquated and may have worked years ago when most people were "interchangeable parts" doing shift work. That is if your number was called, you called your boss and he called in someone to cover for you.

Today many of us have jobs that are more specialized, involve planning and travel to accomodate conducting commerce. I'm not just talking about big shot C-Level executives but even individual contributors. It is impractical to try to conduct business having to say end every conversation with, "but of course I can't commit to actually meeting with you until 9pm the night before..." I'll suggest a month of this represents an undue hardship.

I would be fine with a shorter term, 4-5 court days, that you know about and can plan for a month in advance. As far as interruption it is no worse that taking a week's vacation. Not only would it not create as many hardships, it would improve the quality of juries. But a month is too much...
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