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There is some debate about how passive or active a jury should be. |
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The SOB's ought to learn that egregious fines are wholly inappropriate. We had a similar thing here in the village. The magistrate was free to impose any violation up to $1000. for violation of any housing code. So, the code enforcement agents would come over to a rental property and write 20 tickets for any slight code violation. A cracked pane of glass........a bit of peeling paint..........etc. The case would go to the judge and the village attorney would allow the violator to plea bargain. He's looking at $20K in fines..........$1K for each ticket.........so, the attorney offers to settle for $6K.:eek: It got real ugly for awhile..........some folks paid a lot of money. Finally "The Coalition of Landlords" took them to Federal Court for Federal Housing discrimination. It seems that minorities occupied most of the houses that were cited. They were going to lose the case and finally had to settle to the tune of about $400K............now that was sweet.:D |
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B |
I have served on 2 here in Texas. First was a DUI. We did not know it at the time but I suspected that it was 3rd strike or a probation violation (we found out later that it was). We wanted so bad to convict but the cops played fast and loose with the facts so we have to acquit. The DA came in after ward to talk to us and we told her. Funny thing is the primary officer was a 20+ yr veteran with a PHD and a BS as well as being a chaplain, the secondary was younger but had a BS and was working on her masters. Had they just trusted us to do our job we would have put his as away for them.
The second one was earlier this year. It was a case involving a Insurance Co. suing an inspection company for a faulty inspection on a hotel that caught fire. hat was pretty interesting. The Defense attorney earned his pay that day. I would definitely use him if needed. I was voted foreman on both. lol I like serving on the jury. I have always been fascinated by the law. My company pays me so I do not loose anything. Not sure I could do a capital case though. Not sure I want to take someones life in my hands. |
I have only served on a jury once. Mental health commitment case. Poor kid was drooling all over himself. Couldn't feed or dress himself, and his parents simply weren't able to take care of him. I never did understand why it took a jury trial for that case.
Got called another time but was dismissed on the first culling. That turned out to be a major drug case that went on for 5 weeks. The defendant went to Huntsville for 30 years or so in that case. I was pretty amazed when they called all the names of potential jurors. Only about 60% were present. I guess all they would have to do is say they never got the jury summons. There would be no way to prove otherwise. |
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I guess most lawyers have seen "Twelve angry men". Where the principal star, an Architect, turned an 11 to one jury around to a 12 to none and aquitted a young hispanic man accused of murder on circumstantial evidence! I would like to serve on one once though. Tom W |
Henry Fonda was an actor, not an architect. He might as well played an unemployed actor, as an architect.
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I was asked to serve on the jury a couple times in the last 10 years. I was turned down because I wasn't a citizen. Lets see what the next few years will bring now that I have registered to vote.
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I am not buying the random drawing idea unless they are randomly drawing from a limited pool of people previously selected! |
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Since 1980 I have actually sat on 3 criminal trials and off hand I have called to duty at least 5 other times beyond that. What if the government kept "drafting" you over and over again? |
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Although, I've heard of the judge tossing out a guilty verdict due to lack of any credible evidence. |
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I've been called a couple of times over the years and have been either not picked or excused for one reason or another, e.g. I knew one or more of the atorneys trying the case. I was dismissed by an attorney challenge once in a product liability (forklift) case that was going to take two weeks. Man, they were reaching deep into the bag of excuses to stay off that panel. :D Here in NJ, they have a phone number to call at 4:00 pm the day before to see if you need to show up for Superior Court. The last time I was selected, they had no need for juries and I never had to show up at the court house. Saves wasting a lot of time. A good friend of mine went to municipal court last month with a family member who had shown his/her sibling's drivers license when stopped for speeding. He was pretty worried and had to hire a lawyer to defend the guilty child. Cuts a deal behind closed doors with the prosecutor to "just transfer the name on the ticket" from one sibling to the other. He even got the ticket speed reduced from 59 to 49 in a 35 mph zone ( where there is a double fine in a construction zone too). Ended up paying 200.00 plus 33.00court costs. 2 points on the drivers license. No questions from the judge on why the other sib's license was given to the cop. MY friend was worried he would have to pony up a couple of grand if they tossed in some criminal charges (false ID,etc.) on top of the $1,500 the lawyer charged. And the prosecutor is well known as a go by the book straight arrow. All in all a very fortunate result for my friend!;) |
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Any trial lawyers in the house?
I'm thinking about why a DA or defense attorney might wish exclude accountants, engineers, architects, scientists, etc. What they share is an interest in the real, factual, and logical. Why would a lawyer want that bit excluded? I think it's because lawyers are more comfortable making emotional appeals than constructing a a fact-based, logical argument. Also, people trained in analyzing and connecting facts are more likely to notice flaws in arguments. B PS I have been called a few times and once for a fed jury. I have always been excused without any questioning. Is that a preemptory challenge? I know everything about law from what I have seen on TV. |
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