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Posted: 3/29/2022 2:09:59 PM EDT
Voir Dire "see what will be said".

I was just excused from a jury after voir dire and was actually quite surprised that I was excused.  I thought and felt that my answers to both the prosecutions and defense attorneys were accurate and didn't "lean" one way or another.  I quickly did a search and found what I think is an answer to my first question which is "How many times can a prosecutor/defense attorney excuse someone "on a hunch" or not have any real reason for excuse like "My brother is a detective".  Defense gets 10 dismissals and Prosecutors get 6.  Does this sound correct?  

The last time I was called for jury duty was 1987 (3rd excused absence because I was on my honeymoon...Ha!).  I actually wanted to serve this time and be called to sit on a jury.  As per the Judges preliminary remarks it was to be a particularly heinous case.  A Six count indictment of a 35-40 yr old guy having "forcible anal sodomy, intercourse and oral copulation" with 2 girls younger than 11 years old for a time period exceeding 3 months each, and endangering the welfare of a child.  Judge thought the trial would take 2 weeks.

I filled out my simple questionnaire and was asked to expound upon 2 things during voir dire.  The first was "Did I need to have DNA evidence to Acquit or find guilty the defendant.  I said No.  I expounded that jury trails had been ongoing since the late 1700's and that "modern" DNA evidence has only been used since 1991 so there have been thousands and thousand of jury decisions based upon evidence where no DNA data was presented.  The second was when the defense attorney asked juror 1 if he wanted to see Mr. Defendant actually directly answer no when asked if he did these things.  I must have been nodding my head no ever so slightly because Mr. Defense attorney immediately asked me why.  I honestly answered that theres this little thing called the 5th amendment and he was under no requirement to take the stand.  I then said (and I think this is why I got kicked) was that by Mr. Defense attorney putting defendant on the stand he would open him to cross examination (and I then pointed to the 2 beautiful DA's) to those 2 pitbulls who would likely rip his head off.  Making said Defense attorney likely the least intelligent person in the room. Whoops....
I could see the Judge visibly laughing through her mask, and while maybe a snarky answer it stated what I believe to be true.  No one is compelled to self incrimination.

I thought my answers were honest, from the heart and showed at least some understanding of law.  Bonuses for both the Prosecution and Defense.  So why do you think I was kicked?  Most people at work thinks it's because I showed too much intelligence (lol...) and maybe an unwillingness to be swayed - but I think everyone says that for people excused.  Like I said I wanted to serve, even before I knew the context of the case.  Especially afterwards......   Now that I'm excused, I hope they crucify that repeated baby raper.
Link Posted: 3/29/2022 2:16:11 PM EDT
[#1]
Quoted:
Voir Dire "see what will be said".

I was just excused from a jury after voir dire and was actually quite surprised that I was excused.  I thought and felt that my answers to both the prosecutions and defense attorneys were accurate and didn't "lean" one way or another.  I quickly did a search and found what I think is an answer to my first question which is "How many times can a prosecutor/defense attorney excuse someone "on a hunch" or not have any real reason for excuse like "My brother is a detective".  Defense gets 10 dismissals and Prosecutors get 6.  Does this sound correct?  

The last time I was called for jury duty was 1987 (3rd excused absence because I was on my honeymoon...Ha!).  I actually wanted to serve this time and be called to sit on a jury.  As per the Judges preliminary remarks it was to be a particularly heinous case.  A Six count indictment of a 35-40 yr old guy having "forcible anal sodomy, intercourse and oral copulation" with 2 girls younger than 11 years old for a time period exceeding 3 months each, and endangering the welfare of a child.  Judge thought the trial would take 2 weeks.

I filled out my simple questionnaire and was asked to expound upon 2 things during voir dire.  The first was "Did I need to have DNA evidence to Acquit or find guilty the defendant.  I said No.  I expounded that jury trails had been ongoing since the late 1700's and that "modern" DNA evidence has only been used since 1991 so there have been thousands and thousand of jury decisions based upon evidence where no DNA data was presented.  The second was when the defense attorney asked juror 1 if he wanted to see Mr. Defendant actually directly answer no when asked if he did these things.  I must have been nodding my head no ever so slightly because Mr. Defense attorney immediately asked me why.  I honestly answered that theres this little thing called the 5th amendment and he was under no requirement to take the stand.  I then said (and I think this is why I got kicked) was that by Mr. Defense attorney putting defendant on the stand he would open him to cross examination (and I then pointed to the 2 beautiful DA's) to those 2 pitbulls who would likely rip his head off.  Making said Defense attorney likely the least intelligent person in the room. Whoops....
I could see the Judge visibly laughing through her mask, and while maybe a snarky answer it stated what I believe to be true.  No one is compelled to self incrimination.

I thought my answers were honest, from the heart and showed at least some understanding of law.  Bonuses for both the Prosecution and Defense.  So why do you think I was kicked?  Most people at work thinks it's because I showed too much intelligence (lol...) and maybe an unwillingness to be swayed - but I think everyone says that for people excused.  Like I said I wanted to serve, even before I knew the context of the case.  Especially afterwards......   Now that I'm excused, I hope they crucify that repeated baby raper.
View Quote

The mentality in bold is probably what had you removed.  The accused is just that, accused; he's not guilty yet.

Link Posted: 3/29/2022 3:11:11 PM EDT
[#2]
If you showed the least bit of an ability to make a decision based only on your own, then thats why you were dismissed.  Attorneys want to guide you to a decision.  I mention that Iam an engineer and get dismissed immediately because engineers tent to make judgements on fact alone...no attorney wants that.
Link Posted: 3/29/2022 3:25:29 PM EDT
[#3]
While I agree wholeheartedly with that assessment, I’d like to think I was respectful of the process and would have given all the evidence and his presumed innocence a fair and impartial assessment.  I believe my answers were fair, concise and intelligent and unless they were clairvoyant they couldn’t have known exactly how I felt.  Perhaps they did and that’s why defense attorneys get paid the big bucks….

It was pretty obvious how the majority of the initial 75 or so potential jurors felt when initially addressed by the judge regarding the 6 charges when 1/2 of them audibly went “Ugh….”.

ETA: I’m an engineer too….. go figure
Link Posted: 3/29/2022 3:40:20 PM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

The mentality in bold is probably what had you removed.  The accused is just that, accused; he's not guilty yet.

View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Voir Dire "see what will be said".

I was just excused from a jury after voir dire and was actually quite surprised that I was excused.  I thought and felt that my answers to both the prosecutions and defense attorneys were accurate and didn't "lean" one way or another.  I quickly did a search and found what I think is an answer to my first question which is "How many times can a prosecutor/defense attorney excuse someone "on a hunch" or not have any real reason for excuse like "My brother is a detective".  Defense gets 10 dismissals and Prosecutors get 6.  Does this sound correct?  

The last time I was called for jury duty was 1987 (3rd excused absence because I was on my honeymoon...Ha!).  I actually wanted to serve this time and be called to sit on a jury.  As per the Judges preliminary remarks it was to be a particularly heinous case.  A Six count indictment of a 35-40 yr old guy having "forcible anal sodomy, intercourse and oral copulation" with 2 girls younger than 11 years old for a time period exceeding 3 months each, and endangering the welfare of a child.  Judge thought the trial would take 2 weeks.

I filled out my simple questionnaire and was asked to expound upon 2 things during voir dire.  The first was "Did I need to have DNA evidence to Acquit or find guilty the defendant.  I said No.  I expounded that jury trails had been ongoing since the late 1700's and that "modern" DNA evidence has only been used since 1991 so there have been thousands and thousand of jury decisions based upon evidence where no DNA data was presented.  The second was when the defense attorney asked juror 1 if he wanted to see Mr. Defendant actually directly answer no when asked if he did these things.  I must have been nodding my head no ever so slightly because Mr. Defense attorney immediately asked me why.  I honestly answered that theres this little thing called the 5th amendment and he was under no requirement to take the stand.  I then said (and I think this is why I got kicked) was that by Mr. Defense attorney putting defendant on the stand he would open him to cross examination (and I then pointed to the 2 beautiful DA's) to those 2 pitbulls who would likely rip his head off.  Making said Defense attorney likely the least intelligent person in the room. Whoops....
I could see the Judge visibly laughing through her mask, and while maybe a snarky answer it stated what I believe to be true.  No one is compelled to self incrimination.

I thought my answers were honest, from the heart and showed at least some understanding of law.  Bonuses for both the Prosecution and Defense.  So why do you think I was kicked?  Most people at work thinks it's because I showed too much intelligence (lol...) and maybe an unwillingness to be swayed - but I think everyone says that for people excused.  Like I said I wanted to serve, even before I knew the context of the case.  Especially afterwards......   Now that I'm excused, I hope they crucify that repeated baby raper.

The mentality in bold is probably what had you removed.  The accused is just that, accused; he's not guilty yet.



The defense chose wisely. Like a Fudd mentality. Rights for me, but not for someone I disapprove of..... The story of my life.
Link Posted: 3/29/2022 3:48:06 PM EDT
[#5]
Peremptory challenges are state specific. Louisiana provides 12 per side for example.
Link Posted: 3/29/2022 3:50:31 PM EDT
[#6]
BTW been prosecuting 34 years. Defense atty petempted the shit out of you b/c of your answer on 5th amendment. It implies guilt in your answer.
Link Posted: 3/29/2022 4:03:50 PM EDT
[#7]
Quoted:
Voir Dire "see what will be said".

I was just excused from a jury after voir dire and was actually quite surprised that I was excused...
View Quote


You posited a hypothetical cross-examination that would make the defense attorney the “dumbest person in the room”, got a giggle from judge at his expense... and you’re surprised you were excused?

Attachment Attached File
Link Posted: 3/29/2022 4:33:00 PM EDT
[#8]
You wanted it, and that's why you didn't get it.  Lots of other stuff to unpack, but basically the defense figured out you weren't going to be led or swayed by anything, which also makes you one who is going to lead others potentially.  Too much danger for him.
Link Posted: 3/29/2022 4:59:08 PM EDT
[#9]
They do not want your understanding of the law.  
they want dolts that can be influenced to believe whatever they need that day,....even if it is near impossible.  

Retired police,.....I have never ever ever been picked.   I know one cop that did grand jury around 2000.
Link Posted: 3/29/2022 5:38:12 PM EDT
[#10]
Retired cops can do grand jury's now in NYC
No more automatic exclusion
Link Posted: 3/29/2022 6:05:05 PM EDT
[#11]
I love jury duty.

I got kicked from my last one after voir dire because I answered honestly that:

A- It was a motor vehicle accident personal injury case and I'm a 2-million mile commercial driver.  
B- I was picked as foreman on my last jury assignment and we convicted the fuck.

Plaintiff's counsel certainly stuck me because he (correctly) figured I hate people like him but I would just as likely stick it to the defense if their client fucked up.

Either one might have struck me because of my previous foreman duties.  They don't want a leader and someone who can think and sway others.

Of course, it was during COVID and my required mask was probably enough for both of them to strike me.

Attachment Attached File




Link Posted: 3/30/2022 5:14:52 PM EDT
[#12]
Quoted:
Voir Dire "see what will be said".

...... I then said (and I think this is why I got kicked) was that by Mr. Defense attorney putting defendant on the stand he would open him to cross examination (and I then pointed to the 2 beautiful DA's) to those 2 pitbulls who would likely rip his head off.  Making said Defense attorney likely the least intelligent person in the room. Whoops....
I could see the Judge visibly laughing through her mask, and while maybe a snarky answer it stated what I believe to be true.  No one is compelled to self incrimination.

View Quote


its not the lawyer's choice to put the defendant on the stand, thats 100% client choice.
Link Posted: 3/31/2022 7:15:12 PM EDT
[#13]
No offense... but you came across as someone who thinks they know more than they do. Not saying you don't have a good understanding, obviously you do. I can almost assure you that they viewed you as someone who would not play well with other folks on the Jury as you would (possibly) be too busy trying to demonstrate to others your "legal knowledge".

Link Posted: 4/26/2022 5:44:41 PM EDT
[#14]
They probably just thought you were a guy who acted like he knew more than he did. You also missed the point that it’s not up to the lawyer if the D takes the stand. If “baby raper” wanted to take the stand, even against counsels advice, there’s not much else the attorney can do (assuming D had capacity to make that decision).
Link Posted: 5/21/2022 7:56:11 PM EDT
[#15]
got called to jury duty 3 times. first one was a civil trial and i got let go, next two were criminal trials.  even though i'm a police officer, i was not excused.  guessing because both times i was the alternate and they already picked 12.  last one the 12th person was a lawyer and he wasn't excused. the other alternate was also a cop.
Link Posted: 5/23/2022 1:43:52 AM EDT
[#16]
Last time I was on jury duty I was dismissed because I wouldn’t  consider probation. Defendant was a non- English speaking Immigrant, legal status never brought up. Accused of statutory rape with a girl younger than 13yo. First question I  was asked if I could consider probation, I said absolutely if defense could show extenuating circumstances, girl lied about age, ect. Second question I was asked was if it was his second time could I consider probation, I said absolutely not, if found guilty the only sentence I would consider would be max sentence. Had to go back to talk to the Judge, tried to convince me to consider probation or a lighter sentence. Your Honor, I could not in good Conscience consider anything other than the maximum sentence. Mr. Vpost you are dismissed.
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