Jury duty...interesting concept but ...

@vandana7 (100617)
India
August 12, 2016 10:00am CST
Ok...I always wanted India to have this... I think justice would move faster for sure. I don't say mistakes do not happen, or jury bench would be impartial. Nevertheless, it makes sense to have them..as a single judge or two judges are more likely to go wrong than a bunch of people some of whom may have gone through those situations. The only fear is prejudices. I do have some. I am not sure I could be impartial in some situations. Is there any way to back down from jury duty when you are not sure you can do a fair job? And how is the justice system in your country?
20 people like this
18 responses
@topffer (42156)
• France
12 Aug 16
Our usual system is with 3 professional judges, but there are a few exceptions : merchants are judged by 3 elected merchants, and issues concerning labor laws by 1 professional judge and 10 judges representing for half of them the employers, and for the other half the employees. As they rarely agree, it is usually the professional judge who decides. We have also juries, but only for crimes punishable of at least 10 years of jail. You cannot not go if you are called to participate to a jury, but I think that I would do my best to be rejected at the beginning of the trial : the district attorney can reject 5 people, and the defense counsel also 5. Each of them ask a few questions before accepting or rejecting a member in the jury, so it is not hard to be rejected : you have just to take obviously side. Coming to the court with a Hawaiian shirt might also help.
4 people like this
@vandana7 (100617)
• India
12 Aug 16
High time ...high time Indian judicial system came of age picking things from other countries...how have you been top...not seen you for a while...I called you on one of the posts.
1 person likes this
@topffer (42156)
• France
12 Aug 16
@vandana7 I took a break for vacations. I am not sure that I have seen the discussion where you called me. If it is more than 7 days old it is lost with the notifications. I forgot to add that I do not like juries, but maybe is it because I learned criminal law at college : a professional judge follows the laws, a jury follows the gestures of the lawyers/attorneys. In front of judges, gestures are useless, the only important thing is to have made a robust case. I have noticed that lawyers good in front of a jury, are usually bad when they are in front of 3 judges : it is not the same job.
2 people like this
@cacay1 (83577)
• Cagayan De Oro, Philippines
14 Aug 16
1 person likes this
@LadyDuck (472087)
• Switzerland
13 Aug 16
We have a professional Judge and 6 Lay judges, no jurors called among the normal people.
3 people like this
@topffer (42156)
• France
14 Aug 16
@LadyDuck I follow you completely : professional judges are independent and impartial. I would not tell the same about a jury : we have had a few cases where obviously innocent people were sentenced by a jury. Although we have now a possibility of appeal, they confirm at 95% the first decision, even when a DNA analysis proves that the accused person is not guilty...
2 people like this
@LadyDuck (472087)
• Switzerland
14 Aug 16
@TheHorse Yes, it is fair because the Jurors are professionals. Switzerland had non professional jurors in the past, but the system did not work because they were too much easy influenced. Sometimes people were discriminated due to their origins, while others were privileged. I think that the actual system is very good.
3 people like this
@TheHorse (220266)
• Walnut Creek, California
14 Aug 16
Does the system seem fair to you? Overall, I think our system works pretty well, in spite of the OJ Simpson fiasco two decades ago.
3 people like this
@WorDazza (15830)
• Manchester, England
12 Aug 16
One of the biggest issues around jury duty in the UK is that often the jurors have to see some quite disturbing evidence and there is very little help given afterwards. Imagine having to view photographic or video evidence of children being abused! How are you supposed to just carry on with your life after that? Personally I think it should be optional or maybe there's even a case for professional jurors.
3 people like this
@WorDazza (15830)
• Manchester, England
15 Aug 16
@vandana7 It's always going to be difficult to account for people's prejudices. I think both sets of lawyers can question the prospective jurors to try to root out those they feel may be prejudiced against either the state or the defendant. But of course people can hide their true feelings during the questioning. On the other hand it's actually a good way to get out of serving on a jury. Just pretend you are prejudiced against the defendant for whatever reason (race, gender, sexuality, religion) and the defending lawyers will have you off the jury in no time.
1 person likes this
@TheHorse (220266)
• Walnut Creek, California
14 Aug 16
I felt anxious after spending a week (before I was dismissed) in a gang murder trial. Being in a room with a (not cuffed) man who had shot another in the face was strange. I agree that the effects of jury duty on "normal" citizens should be given more thought.
2 people like this
@TheHorse (220266)
• Walnut Creek, California
14 Aug 16
Lawyers try to check for prejudices among jury members here, but jury selection can be a long process. I was recently dismissed from a murder trial by the prosecution by the prosecutor because I have worked for Department of Corrections a a psychologist and the lawyer was worried I'd be prejudiced toward the defendant.
2 people like this
@vandana7 (100617)
• India
14 Aug 16
Ah...that is good, but it should also be our choice to walk out. As WorDazza pointed out...it can be disturbing for some.
@responsiveme (22926)
• India
12 Aug 16
Have you been called for jury duty?
2 people like this
@vandana7 (100617)
• India
12 Aug 16
No. :) We don't have that system. But I was just curious. How do they decide who should be given that jury duty, and how do they know if that person is going to be impartial. And if that person is not confident of being fair, is it possible for them to say no. I wish we have this system in India. It would help.
2 people like this
• India
12 Aug 16
@vandana7 there is actually...for marriage disputes. Some years ago my colleague was called on by district administration to appear for jury duty , mostly marital problems. Thats why I thought you had been called for such.
2 people like this
@vandana7 (100617)
• India
12 Aug 16
@responsiveme .. Really? Wow..I did not know that...
2 people like this
• Dhaka, Bangladesh
13 Aug 16
By law our court is independent but it is not so..
1 person likes this
@vandana7 (100617)
• India
15 Aug 16
You all seem to be following India's footsteps...:(
1 person likes this
@vandana7 (100617)
• India
15 Aug 16
@kamruzzaman5ndc .. Honestly, divided, we will become extinct. Our music is unique, our dances are unique, our food is unique, our way of wearing clothing is unique. But if we keep fighting within ourselves as we are doing right now, all these will disappear. Sad but true, isn't it? Chinese have a different music, Japanese have a different music, African music is different, the music in middle east is different, music in different parts of europe (if we exclude the grammy type of music and consider only folk) is different, and so also in America and south america. It is only our music that will have fewer takers if we kill each other. Western music will always find patronage. :( How are differences helping us? On the other hand, if we could become like East African nations ...India, Pakistan, Bangladesh and Shrilanka, we would be a real formidable force!
1 person likes this
• Dhaka, Bangladesh
15 Aug 16
@vandana7 its not footsteps, its a culture of indian subcontinent
1 person likes this
@hora_fugit (5862)
• India
14 Aug 16
India used to have a jury system... That's why they were able to remake the movie "12 Angry Men" in Hindi.
1 person likes this
• India
15 Aug 16
@vandana7 Ek Ruka Hua Faisla (A Pending Decision)
1 person likes this
@vandana7 (100617)
• India
15 Aug 16
@hora_fugit .. I never even heard of that movie! Will see it, its available on YouTube. :)
1 person likes this
@vandana7 (100617)
• India
15 Aug 16
And which movie is that..... we need to have such jury system in villages ..instead of panchayats.
1 person likes this
• United States
12 Aug 16
One cannot back out of jury duty here that I am aware of, but sometimes they do cancel these things. It happened to me once.
1 person likes this
@vandana7 (100617)
• India
5 Sep 16
Have you ever participated in one? And was it easy to give verdict? Did both sides of arguments seem equally good to you? I read a few depositions, and I felt it is very difficult to take a call on some issues.
1 person likes this
• United States
5 Sep 16
@vandana7 I never have Vanny. I was up for jury duty once, but they cancel it for some unknown reason.
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@jstory07 (139974)
• Roseburg, Oregon
12 Aug 16
Both lawyers questions the jurors and than pick the ones they want. Te system works good.
1 person likes this
@vandana7 (100617)
• India
14 Aug 16
I kind of like that.
@PatZAnthony (14749)
• Charlotte, North Carolina
13 Aug 16
Can't say there is one country where things are done fairly all the time.
1 person likes this
@vandana7 (100617)
• India
14 Aug 16
I agree it can't be fair but I would believe that more people who have experienced something either directly or indirectly are likely to bring the feelings of rights and wrongs to the table, right than one single person or two or three judges. Now, think about situation in our country. There was this appeal about LGBT. How can those who are "straight" take a call on "LGBT" being wrong? Judges declared it to be illegal! Simply because it is against the general public consensus? But aren't we talking about crimes that happen against minor section of population? If LGBT is a small group, and they have no rights to their way of living because general people do not LIKE it and are Anxious about it, think about rapists, whom everybody wants sent to gallows. Now, why does the generous consensus not work here? Obviously, the judge or judges are pushing down the gullet and condemning some people to another generation of pain.
@Jessicalynnt (50523)
• Centralia, Missouri
13 Aug 16
we can tell them we dont think we can be fair and why, they often take that into consideration. but it might not be enough, just depends
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@vandana7 (100617)
• India
13 Aug 16
That is terrible...because I can be really prejudiced against gamblers and drunkards and idlers.
1 person likes this
• United States
13 Aug 16
here where i live'n the u.s. one gets called fer such from time to time. the last'un i believe 'twas fer a gal who'd written hot checks...from which she'd stole the checks from'n elderly gal. not the first time, but the 3rd. they ask each jury member there thoughts, if'n they can be impartial, etc. needless to say, i was dismissed from such case coz i told 'em to lock 'er up since 'em jest slappin' her'n the wrists fer prior antics did no good. now that i've severe crohn's 'n neurological troubles, my doc jest writes a letter when those summons come'n the mail. the courthouse then tells me, "never mind". pity, coz i think 'tis the responsible thingy to do ones part, but't the same time most relieved i've not got to deal with the stress involved (drivin' there, sittin' 'round all day, etc)
1 person likes this
• United States
14 Aug 16
@TheHorse our legal system 't work
@TheHorse (220266)
• Walnut Creek, California
14 Aug 16
I hope they nailed her butt to the wall. A lawyer friend of mine was involved in a case where these three young (20s) gals embezzled $500,000 from their employer, and honest Indian (from India) man who ran a truck stop. The DA never filed charges because they had "too many cases to deal with" in that county. The girls lost their boats and sports cars, but never did time.
1 person likes this
@sol_cee (38219)
• Philippines
12 Aug 16
Reminds me of John Grisham's The Runaway Jury.
1 person likes this
@TheHorse (220266)
• Walnut Creek, California
14 Aug 16
I learned about jury selection in a Grisham novel (was it A Time to Kill?) before I actually experienced it. It was a murder trial. Usually, it's a traffic offense, or some such, and I get to go home that day after a plea deal is reached.
1 person likes this
@sol_cee (38219)
• Philippines
14 Aug 16
@TheHorse A Time to Kill was his first novel which also became a movie.
1 person likes this
@Mike197602 (15512)
• United Kingdom
12 Aug 16
We have juries over here. I won't be asked to go on one as I'm not on the electoral role at this new place. If I ever did get selected I'd do whatever it took to get off.
1 person likes this
@vandana7 (100617)
• India
14 Aug 16
How can you be so honest..
@GreatMartin (23672)
• Ft. Lauderdale, Florida
13 Aug 16
The major failure here is that it bis hard to get a jury 'of your peers' which is what our system asks for. 1 judge versus 12 people??? Could just be 12 more opinions who don't know the law.
@Tampa_girl7 (50526)
• United States
14 Aug 16
I think there is always room for improvement.
@JESSY3236 (20041)
• United States
15 Aug 16
I don't really like juries because most of time juries aren't told all the facts and they either convict an innocent man, or let go a guilty man. But yes, there is an exception from being on a jury.
• Aberdeen, Scotland
14 Aug 16
I've never been called for jury duty, not sure if I'd be too keen.