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September 9, 2008

The jury duty dodge

Posted: 01:43 PM ET

NEW YORK - Out in Las Vegas the judge is struggling mightily to secure a fair trial for O.J. Simpson and his co-defendant, C.J. Stewart.

Judge Jackie Glass questions potential jurors

Her first step is to find 12 jurors who can be fair. But, even before she gets to the bias factor, and it’s a big one, she's got to deal with all sorts of excuses from people who say they cannot serve. Jobs, trips, even a broken toe.

Think about it. How many excuses have you come up with to get out of jury duty? And look, I get it. We have bosses. We have families. We think we have better things to do with our time. But we don't. Because if we don't, the system breaks down.

And if you don't care about the system, you will when the person on trial is your son, or your brother, your wife or your mother. It could even be you. And if it is, you'll want a jury of your peers. Not a jury of leftovers who can't find anything better to do with their time. So next time you get called to jury duty, don't duck it. Do it. And that's the Last Word.

-Jami Floyd, In Session anchor

Filed under: Uncategorized


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Wanda Miller   September 9th, 2008 2:10 pm ET

Jaymie Floyd's last word on jury duty – it's true that citizens have a social responsibility to serve on jury duty. However, the court system does not make it worth our while to miss work (most times wages) by paying less than minimum wage for the time we have to spend at the court house serving our duty. How can the court system be exempt from the labor laws? And if it's considered "voluntary" why are we forced to be there, by law? I don't object to serving jury duty, but I do object to not being fairly compensated for the gas use to get there, and wage loss from work. And, I oppose the "forced" voluntary status.

Kimberly   September 9th, 2008 2:57 pm ET

i coldn't agree more. I served on a double homicide a few years back. I twas scary and intimidating but I knew that we had to do it. Because the defendant was a young man, (only 3 years younger thann me), I felt I had to have hjis pont of view represented. he was convicted but only because the evidence showed he should have been. I can sleep at night knowing I gave this man the benefit of the doubt as his life was literally in our hands. he deserved that much.

Tom T.   September 9th, 2008 3:09 pm ET

Sorry Jami but I'll keep passing up the opportunity to serve.

If the courts and officers of the court deemed the responsibility important, why hasn't the compensation for service kept pace the way judges and lawyers salaries have? Jury Duty should be compensated time, employers could be reimbursed, babysitters should be paid, and students should earn credits by serving.

And another thing, if I'm good enough to serve on a jury, then the court shouldn't subject me to the same searches as others who use the courthouse. No metal detectors for this panelist. I'll go through the same daily screening that the judges do.

I've always enjoyed watching you and your point of view is a bit less sensational and more common sense than other In Session anchors. Best wishes.

kasi albert   September 9th, 2008 4:45 pm ET

the kid sort of asked for it!!! i think he really tried this mans patience time and again by messing w/his life,his whole world everything this man worked for was getting stolen by some 18 year old punk! his wife should bwe the one charged in the crime!!!!!

Gloria C   September 9th, 2008 4:51 pm ET

Serving on jury duty should not be an income oppty–do you really want people on a jury serving because they can only give blood so often? I agree with Jamie–it's one of the few chances we all have to give back to our communities and society–a civil service.

Of course, the trial should not cause a hardship–how about a federal tax break for those who serve and lose wages or incur costs?

Incidentally, I have served on two long felony trials–lost income money and bonuses at work–learned a lot–and never felt like I have made a better or more significant contribution to my country.

Linda M   September 9th, 2008 6:06 pm ET

My husband must work for a decent company, because when he got called to jury duty he was paid by them for the entire time he was off work. Then when the courts sent him his check he just turned it over to his employer and that was the end of that. His company took the loss of the difference as a civic duty to not punish the employee for doing what he should be doing when called on. I just took that for granite. If this is not the law, it should be. All employers should pay their employees while they are out serving jury duty........... thats my 2 cents worth. Thanks for letting me share.

Brian, Detroit, MI   September 9th, 2008 10:45 pm ET

I agree with everyone else on this panel although I've never had the opportunity to serve on a jury. I believe I know what the jury summons looks like, the only problem is that it looks just like the mail I get that states that I had won a fortune from a Canadian lottery. And with the deposit of only $50, I can get this money sent to me. I threw all those notices out because it appeared they all had the same return address on them. Plus, in the city I used to live in, I lived there for 16 years, I lived just outside the ghetto, so I just assumed that I would never get one. But now since I've moved I realized that I may have gotten as many as 20 jury summons. Although since no one was banging down my door telling me I've made a mistake, I just blew it off. I know that I have had much opportunity to serve on a jury and I did actually want to serve and was just waiting for the summons to come in the mail, but it never did, I assumed. I just thought that it was because I was living in an undesirable part of the city, which I knew I was. But now I live in the white ghetto, a trailer park, so I can just assume that I will never get a jury summons.

Sam B.   September 9th, 2008 11:07 pm ET

I'm appalled at the comments of those who refuse to serve because they don't get paid enough. Jury duty is a civic responsibility, not a nine to five job. Many employers these days continue to pay employees their regular compensation even while on jury duty. Admittedly jury duty pay is not lucrative, but then again it wasn't meant to to serve as a means of compensation for one's regular job. Anyone so shallow as to think otherwise should not be calling his or herself an American citizen.

I was selected for federal jury duty last year and although I could have been exempted because I work as a public defender in my state's court system, I chose to waive that exemption because it is part of the very small price I am expected to pay for citizenship in this country.

Eric   September 9th, 2008 11:53 pm ET

Can anyone say 'Media Circus 2' with this upcoming trial? It is safe to say that no one is going to be satisfied with whatever verdict is passed in that courtroom. No matter, for this trial, let the evidence speak for itself. Plus for Las Vegas or any other city, there's no need for a riot if the verdict doesn't bring legal satisfaction to a lot of people. End of story.

April   September 10th, 2008 1:07 am ET

I have to agree with the concerns about lost wages. I have answered two jury duty summons since becoming eligible to do so, choosing not to dodge that responsibility. I was selected to serve one of those times. Both times, I was not reimbursed by my employer and received only the pathetically small amount from the court, though I was fortunate that in each case, the total time lost was less than three days. I do not live paycheck to paycheck, but I am by no means well-off. I now own my own business and if I do not work, I do not get paid. My father and mother, also small-business owners, have both answered and served, even though they lost business by doing so. However it was very difficult for them financially to do this, especially when my mother's case lasted nearly a month! For most people, including me and my parents, a month with no pay is no small matter. If the potential juror is not receiving employer reimbursement, it should be acceptable to swear to the court that serving would be a undue financial hardship, especially in cases that extend more than a few days.

Jonathan   September 10th, 2008 3:12 am ET

"I, I, I, me, me me..."

Let us hope when you find yourself staring down a sketchy DUI in which you injured or killed someone, or when some kind of dispute gone wrong landed you in an orange jumpsuit, that the jurors impanelled on your criminal or civil case aren't as apathetic as yourself.. Tom T.

Like it or not, it is your duty to sit in one of those 12 chairs at least once in your life. I've done it. Its not so bad. At worst, it was a learning experience. But saying that you're willing to "pass up" the opportunity to serve, based on the criteria you just gave, is unacceptable. In fact, I deduct you Man Points for that.

Rick   September 10th, 2008 6:49 am ET

I used to think that jury duty was a worthwhile thing also. Until being subjected to it 3 times now. What a miserable experience. So much time is wasted sitting and waiting while the Prosecutor and Defense play games right up and during the trial.
Twice I've been on jury trials and they have not completed because one side or the other cut a deal during the trial. This nonsense wastes everyones time and effort. Plus as many have said the compensation is a joke.

Gary Swandale   September 10th, 2008 9:12 am ET

Having worked as a court reporter for fifteen years I have seen the process very extensively from a neutral point of view. The most frequent comment I heard from prosecutors, defense attorneys and even judges was, "A jury consists of twelve people too stupid to get out of jury duty." I can't say as I have ever seen a "jury of peers." It just doesn't happen. Trial by a panel of judges as is done in many European countries is more fair and reasonable.

Richard J.   September 10th, 2008 9:48 am ET

I agree 100 percent. If called you should serve unless there is some real hardship. I can not speak for the other posters, but in Louisiana you almost have to show your death certificate to get out of jury duty. Even your profession is no excuse, doctors, lawyers, firefighters, and police officers all have to serve.

Perhaps I'm in a better situation but my employer pays your normal wages when you serve on jury duty AND lets you keep the stripend they give you.

I'll agree that compensation needs to be addressed, but lets not increase jury wages, you would only end up having "professional" juriers serving over and over (those are the ones that have nothing else to do and want to make money by showing up day after day in hopes of serving). I would rather states pass laws requiring employers to pay full wages for anyone serving on jury duty.

Diane S   September 10th, 2008 12:21 pm ET

Hi Jami, I was called for jury duty once, and I must admit I felt happy, apprehensive, and patriotic, and a little intimidated by and large. There were about 200 people there. They started calling the names starting at the beginning of the alphabet. I quickly saw, no dice for me with a name starting with an "S". So, sent back to the waiting room. Called to another jury pick. No dice . Sent back to the waiting room. This went on for the whole week. Spent the whole time back and forth between jury selection where they never reached the last names beginning with "S", and the waiting room. Finally sent home. Can't tell you how disappointed I was and still am when from time to time I think of it. Never even got asked one question. Never even got my name called. Felt a bit like "Phooey". Any advice? (People whose names start at the beginning of the alphabet probably have no clue what goes on or doesn't go on at the other end of the alphabet.) Enjoy your show very much, and your guests. Really like Dr. Buzz and all his good advice about strategy and having good coping skills. Ought to be taught in high school along with reading, writing, and arithemetic. Who knows, maybe someday those skills will be taught in our schools. Imagine young people being taught how to handle themselves in a domestic violence crisis, or how to be fired and remain civil. Or going to jury call and never being spoken to except shown where to sit and wait! And be civil! By the way, your show is too short!

Michael Green   September 10th, 2008 1:14 pm ET

Let's be honest, most people will happily perform their civic duty if called if they know that the trial will be over in a few days. These trials that are expected to last for several weeks or even months however present a different problem with most common jurors. I served on several juries in Georgia and you get paid $25.00 per day. While you are excused from work to serve, most employers do not pay you which creates an undue financial hardship on most people as $100.00/week won't even pay for gas to and from the courthouse and they will find any reason to get out of serving.

Mike Hill   September 10th, 2008 6:14 pm ET

I have served on two juries, but then my company kept paying me my usual salary and I just handed the jury check over to them at the end. I think there are people with real financial and family concerns that simply cannot serve on juries, people who are paid hourly and if they don't work they don't get paid, people who have noone to take care of thier children in the evenings but themselves, etc, these are all real concerns and certainly are legitimate reasons not to serve on a jury.

Pat   September 11th, 2008 5:34 pm ET

And learn about jury nullification.

Margo in TX   September 11th, 2008 6:32 pm ET

I recently was called for jury duty and I have to say that I was not a happy citizen. I am in sales and my livelihood depends on my selling. My employer's policy was that they would pay my base salary for 3 days of jury duty, after that I was on my own.

I was picked for a jury and was on a panel when the defense lawyer didn't show up for the trial and the judge graciously excused all the jurors and they would have to pick a new jury when they rescheduled the trial. I was only out of work for about 3 hours on 2 days.

The county had forms where jurors could donate their "juror pay" of $40 a day to several local charities. I thought this was a great option and donated mine gladly.

I wasn't happy to do my civic duty at first but felt good about the process afterwards. I would like to think that IF I was in the position to need a jury to hear my case, I would want people who wanted to serve, not be there because they couldn't get out of it.

Spider   September 12th, 2008 10:50 am ET

I have been summoned for jury duty seven times!!!!

Now, I admit, twice I postponed the original date which resulted in two extra, but that still makes 5 times I have been required to "exercise my civic duty". Once I called at the beginning of the week and was told all cases for that week had been settled and that I was relieved of my "duty". Two times I sat through and watched the questioning of 20 other people and then was sent home. Twice I was actually picked for juries. The first time, we, the jury, sat through a morning of testimony and then broke for lunch. We returned and sat in the jury box for about 45 minutes. Then a bailiff walked through the courtroom and, acting like he was surprised to see us, told us a settlement had been agreed on during lunch and that we were free to go. The second jury I served on, happily (or so I thought), ran it's full course. During deliberations the lack of basic intelligence of my "peers" became very obvious. We, as a group, eventually, came to a unanimous decision, but it was a chore to get the group,as a whole, to leave it's biases and predjudices at the door and out of the decision.
Hearing that some people have been called once, twice or not at all, makes me more than certain that I will dodge any additional Jury Service, from now on. Civic Duty be danged!!!!

Many of our lower level court cases should be decided by a single, or a panel of judges. After all, the final and ultimate decision in our "great" legal system is made by the Supreme Court, a panel of individuals who know The Law, not a bunch of "average Joes and Janes" that are hard pressed to define "beyond a reasonable doubt".

Ann Christiana   January 9th, 2009 9:37 pm ET

I have just received my 3rd summons for jury duty. The first two were waiting in the jury room for a day and being told we could leave at noon. Both times I felt proud to be there. Doing my civic duty to maintain a just environment. To keep my perception of social order meaning something. I didn't care about what I was paid because my employer paid me my regular pay it was only one day no problem. I will always serve when asked that's just the right thing to do.
Now I am single over 50 earning about $150 a day. I am living week to week. Paying the mortage, electricty, phone bill, cable bill, groceries, medical expences, all ads up. The Guide to Juror Service says "Full time employed jurors are paid their regular wages by the employer for the first 5 days or part thereof of jury duty service. Beginning on the sixth day of juror service, all jurors are paid $50.00 per day by the state, regardless of their employment status." This is completely unexceptable. For a nation of hard working honest people to accept this pay as even comming close to being sufficient in compensating such an important aspect of our American way of life is an outrage. This is a manditory obligation at the root of all we beleive in allowing a person to be judged by a jury of his or her peers. For a trial to take longer that 5 days it must be an important case with a lot of evidence and witnesses to take in. For that I will be paid 1/3 of my normal pay. I would loose my home if the case took more than 2 weeks to complete. We, Jurors, by finaciancial standards, truly have little value to the court system. I see this as inviting evil to step in. Juror bribes must be common place in long lasting cases. I fear ]Americans have lost the true meaning of fair play. Perhaps the pay of the Judge should be the same as the jurors in all "Trial by Jury Cases". They are releived of making the final decision on the case by 12 men and women pulled from their normal jobs to do it for them. I strongly feel that as Americans we need to take a stand on this issue. We should either file a class action law suit against the jugicial system to rectify this compensation issue or send a bill through the congress and senate that is more suited to the honor of serving as a juror. Pay us what we are used to receiving and compensate the businesses you take us from.
On a side note, it is interesting that Judges in Connecticut are exempt from serving as jurors. It isn't a conflict of interests for a judge to be a considered a peer, is it? Doctors are not even exempt from serving as jurors. Never mind the pay reducion, who is saving lives while they are busy serving as juror. I don't think anyone would die if a judge had to miss work for the length of a trial. If the argument is that they can't schedule court cases with out a judge, then I say that logic applys to every key position of every company and business in the country. If we can do it so can they!
I do feel Doctors need to be made exempt from serving. They are far more important in their daily jobs then any of us. I'm sure they would trust the rest of us to carry this burden without them.

Jury is out   February 15th, 2009 11:21 pm ET

Well, I'm getting a bit tired of those who rant and judge those of us who don't want to serve on a jury, saying it's our "civil duty", and trying to make us sound like scum when we disagree with that.

Personally, I have a medical condition which would most likely exempt me from serving, however, if that condition did not exist, I would still oppose serving for the following reasons:

1) An illegal immigrant can walk into any hospital and receive literally thousands of dollars of medical treatment, walk out not paying one dime toward it, and absolutely nothing happens. I have no health benefits via my job, rates are too expensive for me to get it on my own, but if I as a legal citizen were to try that, I'd be sued for the fees, and my credit score would drop like a rock. I'm supposed to have a sense of "duty" to a country that treats illegal immigrants better than they do their tax paying citizens regarding affordable health care.

2) I'm gay, and if I should ever meet someone and want to marry them, I can't. I'm legally not allowed, even though I'm a law abiding, tax paying citizen. Again, why do I owe anyone a "duty" when I'm not allowed to marry someone I love and am treated as though I'm dirt by law in most states?

3) Someone can be unmarried, and have 8 kids (or say, 14), and live off of my tax dollars for life. Thousands play the system and live off of my tax dollars, yet, though I've been paying taxes via my low income job my whole life, I couldn't even qualify for a stimulus check because the official reason was "I didn't make enough to qualify" (??).

I could go on, but won't. I see no sense of "duty" and obligation to show up in a court room all day (or multiple days) when I don't have access to affordable healthcare as a citizen, can't marry who I want, and can't even get a refund while others live off of my tax payments. Sorry – that won't fly.

Jeremy Bradley   March 15th, 2009 7:43 am ET

Uh yea, I will keep passing up the opportunity myself. Two words that prevented me from receiving any summons to appear" JURY NULLIFICATION". Haven't heard anything else from the drones at the courthouse.

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