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Social Studies pop quiz! Name the civic responsibilities of all American citizens.
A) Vote in elections 3%  3%  [ 1 ]
B) Serve in the military if drafted 3%  3%  [ 1 ]
C) Serve on a jury if summoned 3%  3%  [ 1 ]
D) All of the above 83%  83%  [ 29 ]
E) None of the above 9%  9%  [ 3 ]
Total votes : 35

xmh
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15 Mar 2012, 9:59 am

In the UK there potential jurors are not interviewed before serving (you get told the nature of the case and can say if there is any reason why you would not be suited).

The lawyers can reject jurors, but need to have good reason, simply going on occupation/ appearance is not enough.

The only time I sat on a jury the case collapsed after two days (with the witnesses required to attend for a third day to determine whether they were in contempt of court or not) so we were not required to make a decision (the defendant accepted a reduced charge).

-----

The jurors do not decide on the sentence, that is usually done at a later date by the sheriff/judge.

In Scotland the jury can return three different verdicts: Guilty, Not Guilty and Not Proven. Legally the latter two have the same meaning, however in the public eye there is a difference. It would be better to change it to Proven Guilty and Not Proven Guilty as the jury is not tasked with determining whether the defendant is innocent, only whether they are (beyond reasonable doubt) Guilty.



MsMarginalized
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15 Mar 2012, 11:25 am

Hi xmh, Scotland is a little bit different, aren't they? I heard that they are about to abolish protection from double-jeopardy...meaning that a person CAN be tried for the same offense more than one time.



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15 Mar 2012, 3:46 pm

In the UK, if you have had treatment for mental illness, you are automatically banned from Jury Service. So I could get called up, but when they found out I was under the mental health services they would tell me to go away. Which, while I think this is shameful discrimination, would suit me just fine, as I wouldn't be able to even make it to the court without having anxiety attacks.



Roxas_XIII
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15 Mar 2012, 5:40 pm

xmh wrote:
In the UK there potential jurors are not interviewed before serving (you get told the nature of the case and can say if there is any reason why you would not be suited).

The lawyers can reject jurors, but need to have good reason, simply going on occupation/ appearance is not enough.

The only time I sat on a jury the case collapsed after two days (with the witnesses required to attend for a third day to determine whether they were in contempt of court or not) so we were not required to make a decision (the defendant accepted a reduced charge).

-----

The jurors do not decide on the sentence, that is usually done at a later date by the sheriff/judge.

In Scotland the jury can return three different verdicts: Guilty, Not Guilty and Not Proven. Legally the latter two have the same meaning, however in the public eye there is a difference. It would be better to change it to Proven Guilty and Not Proven Guilty as the jury is not tasked with determining whether the defendant is innocent, only whether they are (beyond reasonable doubt) Guilty.


That almost sounds like what happened to these three death-row inmates in West Memphis, AR about a year ago. Basically, they were accused of killing this young boy in some Satanic ritual, the court found them guilty on pretty circumstantial evidence (they were all Goths and this was before Goth culture went mainstream, plus it's an area of the country known for ignorant, intolerant religious conservatives with sticks up their asses), and they were sentenced to death. Ten years later during their re-trial, evidence emerged that proved they were not guilty, however the state of Arkansas weren't willing to let them get off the hook completely. What happened was an odd legal manuver that even most lawyers had trouble understanding. Basically, the court released them from prison and told them they could maintain their innocence, while the court would maintain that they were guilty, but consider the time they had spent in prison thus far as appropriate reparation for their sentence. Kind of like an "agree to disagree" deal, apparently the state of Arkansas knew based on the new evidence that they had caught the wrong people, but weren't willing to admit to the failure of their court system that caused three innocent men to end up on death row, and this was the compromise they presented. It's a legal clusterf**k as far as I'm concerned, but at least the truth won out and they were set free in the end.


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15 Mar 2012, 6:42 pm

I'd love to be on a jury as long as it was something interesting and not something like a land or property dispute.


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xmh
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15 Mar 2012, 8:44 pm

Henbane wrote:
In the UK, if you have had treatment for mental illness, you are automatically banned from Jury Service. So I could get called up, but when they found out I was under the mental health services they would tell me to go away. Which, while I think this is shameful discrimination, would suit me just fine, as I wouldn't be able to even make it to the court without having anxiety attacks.


That does not seem to apply in Scotland (unless you are a more serious case).

From The list of ineligible persons
Quote:
you are a person who is receiving medical treatment for mental disorder and are either –
o for the purposes of that treatment, detained in hospital under the Mental Health (Care
and Treatment) (Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995;
o for the time being subject to guardianship under the Adults with Incapacity (Scotland) Act
2000


So mealy being treated for a mental illness should not be enough.



auntblabby
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15 Mar 2012, 11:59 pm

Henbane wrote:
In the UK, if you have had treatment for mental illness, you are automatically banned from Jury Service. So I could get called up, but when they found out I was under the mental health services they would tell me to go away. Which, while I think this is shameful discrimination, would suit me just fine, as I wouldn't be able to even make it to the court without having anxiety attacks.

i sure wish they'd so something like that where i live.



AnnieDog
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19 Mar 2012, 4:12 pm

I was summoned in October to serve in a county court. I was all excited to finally have a chance to do my civic duty but it turned out to be a big hot mess for me. They managed to trip a bunch of large and small issues of mine (crowded to the point of touching other jurors, did not follow schedule, repeating information, hot). In the abstract, I was probably qualified to serve and I certainly found the case interesting (multiple defendants accused of various counts related to group non-consentual sex with an individual woman by force). By the time I was up for individual voir dire, I don't think I looked very competent. I was so uncomfortable, I couldn't look at anyone in the room, including the judge who was questioning me and I could barely reply with simple answers of "Yes, sir." My husband thinks I should try to get a physician's permanent excuse of disability since it's likely this will repeat if I'm summoned again.


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25 Mar 2012, 4:25 pm

After being rejected for juries over the course of many years, I was finally selected for a criminal case (rape and burglary) and was even appointed head juror. It was a rewarding experience, though a difficult one. When we were sequestered and about to reach a verdict, I found that I had the ability to help others stick to the evidence when they started to trip into the realm of fantasy and "what ifs." What was unnerving was when I had to deliver the verdicts. I hope no one saw my hands shake. A lovely woman "talked me down" afterward.


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25 Mar 2012, 7:53 pm

After living in Arkansas and being pretty openly Pagan (wore a pentacle, drove around with assorted bumper stickers, was stupid enough to openly tell anyone who asked-- guess I was redeemed in their eyes by living in bluejeans and t-shirts and having cute kids and a thick accent-- ie being more than a little redneck myself) for five years, I've got to say something about the whole WM3 business.

Yes, it was a complete and total miscarriage of justice. Major f*****g embarrassment. Made me grit my teeth every time I sent taxes to Little Rock. Wrote several letters to Little Rock-- never even got a reply. But...

From talking to a lot of redneck religious conservatives (like, all my friends were some combination of redneck, religious, and/or conservative), I think Damien Echols, Jesse Misskelley, and the other guy (whose name I can't pull up right now) would probably have gotten a bit better deal if the State of Arkansas had seen itself as admitting to making a mistake out of an emotional knee-jerk reaction rather than admitting to being a bunch of bigoted, judgmental, ignorant, sister-fucking redneck hillbillies.

Just sayin, man. Bigotry cuts both ways.

Guess that's why NOBODY wants me on a jury. ROTFLMAO.


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09 Apr 2012, 4:46 pm

So just a quick update, last Wednesday I got a call from the clerk of court office, they want me for juror interviews this Wednesday at 0845. If I'm selected, the trial starts at noon and goes until 1700, then Thursday and Friday from 0845 to 1700. After that, I'm done completely. If I'm not selected they'll put my name back in the hat for the next trial.

I'm hoping I get selected for this one, mainly because there's not much going on this week. I'll have to miss my lunch date with Trish on Friday, but we'll see each other at club that night anyway, it doesn't start until 1800 giving me just enough time to run home, shower, and put some street clothes on.

Plus it'd be easier with my job search if I didn't have to worry about it, not to mention that I can plan for my summer vacation trip without too much hassle.


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Outer_Darkness
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10 Apr 2012, 10:40 am

I've been called for jury duty twice. The first time I wasn't selected for the jury, but the second time -believe it or not - the judge named me the foreman!