From Summons to Verdict: The Jury Duty Experience

Get ready to understand the nitty-gritty of the jury duty process like never before. From the moment you receive that summons to the final selection of jurors through voir dire, we break it all down in episode 82!

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Ashley: 0:00

In all seriousness, jury duty is your duty and our duty as Americans. We totally understand it can be kind of really the most inconvenient thing ever at certain times, but we truly encourage you to participate if you ever get summoned. Welcome back to the United she Stands podcast, the show that brings kindness and women into politics.

Sara: 0:22

I'm Ashley and I'm Sarah, and we're two women from Ohio who are here to become more educated about American politics and build a community so we can all get involved and make an impact together.

Ashley: 0:33

We hope we'll inspire and empower you along the way.

Sara: 0:44

Hello, lovely listeners, welcome back to the United she Stands podcast. Today we're covering a topic that may be relatable to some of you or may become relevant to you at some point in your life. We are breaking down jury duty and I feel like, for me personally, I've gotten a lot of information on this topic from, like movies and TV shows in my life, which aren't, you know, typically great primary sources. So I was excited to dig into this topic to see how much of what I've learned about Jerry Doody in the media is true. So here we go, but first, first, first, first, first, first, as always. What are we drinking?

Ashley: 1:21

Well, sarah, it's 9am, so I'm drinking a chocolate premier protein drink and some water.

Sara: 1:29

Oh my gosh, okay, that's crazy. I'm also drinking a chocolate protein shake Breakfast, you know? Yes, yes, and some and some Awa. Of course, I did already have one cup of coffee, but I'm going to need another one here soon. But, yes, no, no, none of the alcohols today. Okay. So, before we begin this conversation, though, I feel like we should talk about the hit show on Amazon Prime called Jury Duty. This show came out in April of last year April of 2023. And I don't know about you, ash, but I remember literally everyone talking about this show.

Ashley: 2:06

I literally didn't even know there was a show called, so just now when you said it.

Sara: 2:11

I okay, I don't know why I continuously like uh have a surprise reaction when you don't know things that happen.

Ashley: 2:20

I know I am shocked. I just assumed you should assume by now I haven't seen it. Or you really heard of?

Sara: 2:25

it. You really would think that I have learned something at this point. It's a series that chronicles the inner workings of a jury trial in the US through the eyes of juror Ronald Gladden. He's a solar contractor from San Diego and he's unaware that his jury duty summons was not official and that everyone in the courtroom aside from him is an actor and everything that happens inside and outside of the courtroom is planned, and none other than james marsden is in it. He's the only like well-known actor in it. So like ronald literally thinks that james marsden was also summoned to this same jury, but everyone else are paid actors. You know that you would not recognize.

Ashley: 3:10

Wait, I already have so many questions. So is this Ronald Gladden Like? Is this a show where, like it's scripted and they're acting, or is it reality, like he truly has no idea? He truly has no idea. So this is like a random man that has no idea that someone's like fucking with his life.

Sara: 3:27

Correct, correct, okay, this that's correct. Yes, exactly, that's a great point. That brings me to, yeah, my question what are your thoughts? Like, I watched the first two episodes and it was funny, but it was just like so hard for me to watch because I just felt so bad for him. I felt like it was just like a really messed up premise, even though it was hilarious and I know that's just kind of like reality TV, but like I don't know what. What are your thoughts?

Ashley: 3:53

I really don't know Like. I just like what? Like is it? Like? There's like the courtroom is like doing crazy things and that's why it's like they just want to see how he reacts yeah, it's like like crazy, like these people are they like?

Ashley: 4:08

from the two episodes I watched, it's just like straight up insanity and he's just like what uh, I mean, I think it's kind of funny like I think, like when stuff like that so I always think things are really funny whenever, like you're doing something in real life, like someone does something super ridiculous in public, like I'm always like that, like I think is hilarious, so I would be interested in that. Um, I don't know, I don't really feel like it's super messed up. I feel like it's true, it's like being punked or whatever, which I know those were like celebrities, so I feel like they kind of sign up for stuff like that. But I don't know, I feel like I feel like it's okay, especially because I'm sure he's gonna get compensated at the end of this yeah, for sure you know, I, I think it's.

Sara: 4:47

I think it's funny and what I? The few episodes I watched were funny, but I don't know. I just feel like there's lifelong effects that this man is now gonna like yeah, how can you trust?

Ashley: 4:57

anything or anyone from here on right like he's gonna get a real jury summons. He's not gonna show up like yeah exactly which which we'll get to.

Sara: 5:04

That could be very like you can very much so be uh the irs is gonna come knocking. He's like this is fake, you know yeah yeah so I don't know I, I mean, I think it was funny and I'm I know he, like you know, is now like a public figure or whatever. So money's good, but I don't know.

Ashley: 5:21

I just thought it is. It is kind of random and weird, but um now. I'm interested. I feel like I want to go watch it this is wow, that's fascinating.

Sara: 5:28

I feel like this is the first time I've talked about a show and you've been like wow, I should go watch it.

Ashley: 5:34

I told you, I think stuff like that is funny. Like I don't know. It's just like I've always thought, like you know, like whenever you're like downtown and you've seen like I don't know if you've ever seen this I've never seen this in person but I always think, like those shows where, like someone would like dress up in like a monkey costume and like run through the square would just be like what the fuck? Like I think that shit is funny. So I feel like I would like appreciate this show.

Sara: 5:56

Okay, I think you would like this show, then I think you should watch it. I think it's only like 10 episodes, so it's it's a quick yeah.

Ashley: 6:02

I'll bench that at some point.

Sara: 6:05

Okay, so before we get into the actual content, there's one more question. Wanted to ask if you've ever been summoned to be on a jury.

Ashley: 6:13

I have one time and I was so pumped and then I believe I was out of the country and I had to write to them and say like, sorry, we'll be here. But like I was just like, please put me back in the pool. Oh my God, I would love to do this, um. So, yeah, I have. I have once and it was like and seriously like Nick had been called a couple of times before me and every time he got it I was like God, why don't, why can't I get this? Like, why can't I do jury duty? And then finally I got one and I was so pumped and I opened it and I looked at the date and yeah, I was like, of course not in the country or something, and so I had to ask them to you know, let me skip it, or however you ask, I forget the details. It said, but of course they're like, yeah, no problem. And I was like, but call me back, okay. And they never did.

Sara: 6:59

But call me back. Okay, you got ghosted by the jury commission. I've never been called since. So what about you? I have never, and I feel like now that I have written this episode and now we're like talking all about it, I feel like it's in my future.

Ashley: 7:14

I feel like your fbi guy's listening, he's gonna make yeah, jury duty summons I know, but like I don't know if I.

Sara: 7:21

I mean I don't know if I want to do it, oh why I mean I think it'd be cool, but like I mean we'll get to this and that, like in the, but like I don't know if I. I mean I don't know if I want to do it, oh why I mean I think it'd be cool, but like I mean we'll get to this in the like in the, the content, but like I just feel like it's an inconvenience and I know that's a really shitty like perspective to have on it.

Ashley: 7:40

Civic duty Sarah.

Sara: 7:41

I know, and that's that's exactly what we're going to talk about. So okay, all right, I think it's time to actually dive into the real life jury duty content now.

Ashley: 7:54

Like, let's learn about it. All right, let's do it so, as we always do. We're going to get started with a simple definition here. Jury duty or jury service is a service as a juror in a legal proceeding. And just a little FYI, us courts website, it is referred to as jury service.

Sara: 8:06

And before researching for this episode, I really don't think I've ever heard it called jury service, like I was at when I was looking at the like the first website I used, or started looking into what the US courts website and I was like jury service. Is that the same thing as jury duty?

Ashley: 8:22

Like, am I looking at the same thing. Yeah, I don't think I've ever heard it called that either.

Sara: 8:26

Yeah, so just an FYI, they're the same thing, nice.

Ashley: 8:30

Okay, so a jury is a body of six to 12 people sworn to give a verdict in a legal case on the basis of evidence submitted to them in court. So you know, when you watch a court show and you see the folks sitting off to the side, that's the jury and the area they sit in is called the jury box. Jury service is a civic duty. Like I said, sarah, it's a way for US citizens to participate in the judicial process. A jury decides the facts of a case in accordance with principles of the law as explained by a judge. Jurors listen to testimony, review evidence and render decisions in civil and criminal trials. Most US citizens who are 18 or older may serve on a federal jury. The Jury Selection and Service Act establishes the process for selecting jurors and provides requirements citizens must meet in order to qualify for serving on a federal jury.

Sara: 9:16

So let's talk about that jury selection process. Each court randomly selects qualified citizens from counties within the district for possible jury service. All courts use the respective state voter lists as a resource for prospective jurors. If voter lists alone fail to provide the court and litigants with a representative cross-section of the relevant community, courts use other sources in addition to voter lists, such as lists of licensed drivers in the district. In an attempt to comply with the Jury Selection and Service Act, those randomly selected are mailed a qualification questionnaire to complete and returned to the court within 10 days, or instructed to complete the questionnaire online on the court's eJuror page For federal jury jurors are randomly drawn from a court's jury wheel for possible qualification and summoning to report for a jury selection at a later date if they are deemed qualified and necessary for the court's trial schedule.

Sara: 10:12

A jury wheel is the database containing a specified number of names of district residents, with each county in the district represented in the jury wheel in proportion to its numbers of registered voters. So there are some qualifications that we alluded to to be able to make these lists of eligibility. So, to legally be qualified for jury service, an individual must be a United States citizen, be at least 18 years old. Have resided primarily in the judicial district for at least one year at the time of completion of the qualification questionnaire. Be able to adequately read, write, understand and speak the English language. Have no disqualifying mental or fiscal condition that cannot be addressed within accommodation. Not currently be subject to felony charges punishable by imprisonment for more than one year and never have been convicted of a felony, unless civil rights have been legally restored or never were lost in the jurisdiction of conviction.

Ashley: 11:12

I mean, are we going to say it? The elephant in the room.

Sara: 11:16

Say it, say it, say it, say it, say it.

Ashley: 11:18

A presidential candidate can't even serve on a jury. How amazing is that? Yeah, okay, anyway. So let's talk about if there's anyone that's automatically exempt from jury duty, and would you believe it there is. So there are three groups that are automatically exempt from jury duty. Number one is members of the armed forces and national guard when on active duty. Number two is members of non-federal professional fire and police departments, so this is as opposed to volunteers. And then number three is public officers of federal, state or local governments, persons either elected to public office or appointed by someone elected to public office who are actively engaged full-time in the performance of public duties. People employed on a full-time basis in any of these categories are barred from serving on juries, even if they are otherwise qualified and would like to serve.

Sara: 12:09

But what about making it from the jury pool to actually sitting in the jury box? Being summoned for jury service doesn't necessarily mean that a person will end up serving on a jury. When a jury is needed for a trial, a group of qualified jurors who reported to a court in response to the jury summons is taken to the courtroom where the trial will take place. The judge usually makes a brief statement explaining what kind of case is to be tried and inquiring whether there is any reason the potential jurors cannot serve. The judge and lawyers ask the potential jurors questions as to whether they have any knowledge of the case or have had specific experiences that might cause them to be biased or unfair. From their answers, the judge and attorneys determine their suitability to serve on the jury. This process is called voir dire, meaning to speak the truth, which typically results in some prospective jurors being excused based on their answers from serving in that trial.

Ashley: 13:01

If either lawyer believes there is information that suggests a juror is prejudiced about the case, he or she can ask the judge to dismiss that juror for cause. For example, a juror can be dismissed for cause if he or she is a close relative of one of the parties or one of the lawyers, or if he or she works for a company. That is part of the lawsuit. Each lawyer may request the dismissal of an unlimited number of jurors for cause. Each request will be considered by the judge and may or may not be allowed. In addition to challenges for cause, each lawyer has a specific number of preemptory challenges. These challenges permit a lawyer to excuse a potential juror without stating a cause. In effect, they allow a lawyer to dismiss a juror because of a belief that the juror will not serve the best interests of their client. Preempt jury challenges are limited to a certain number determined by the kind of lawsuit being tried. They can't be used to discriminate on the basis of race or sex.

Sara: 13:50

Juries of 6 to 12 people are selected from the jury pool, and the size of the jury varies from state to state. Shocking and depends to some extent on the type of case at trial. In civil cases, especially in courts of limited jurisdiction, the standard size in many jurisdictions is becoming six, which can be increased by stipulation of both parties. In misdemeanor cases, there are sometimes fewer than 12 jurors, though in serious criminal cases, 12 jurors are generally required. The old requirement that juries be unanimous is also changing.

Sara: 14:23

In misdemeanor and civil cases particularly, states often provide verdicts based on the agreement of three-fourths or five-sixths of the jurors. Alternate jurors are selected in some cases to take the place of jurors who may become ill during the trial. Alternative jurors hear the evidence just as the other jurors are selected in some cases to take the place of jurors who may become ill during the trial. Alternative jurors hear the evidence just as the other jurors do, but they don't participate in the deliberations unless they replace an original juror. When both parties have agreed upon a jury, the jurors are sworn in to try the case by the court clerk and those not selected are excused.

Ashley: 14:55

Okay, so let's talk about what happens once they're empaneled, which means they're enlisted, or enrolled on to a jury. So what is the juror's role? They are asked to listen to the evidence conscientiously and not draw premature conclusions. They are instructed by the judge not to discuss the case with outsiders or with each other until deliberations. They generally do not have the right to ask questions of witnesses, but some judges permit jurors to submit written questions for the judge and lawyers to consider. The lawyers have a right to object to these questions, just as they do to questions posed by lawyers during the trial. If appropriate, the questions may be asked. Basically, the jury finds the facts in the case based on what evidence is presented to them through testimony or in exhibits from the parties admitted into evidence by the judge during the proceedings.

Sara: 15:39

At the end of a trial, the judge instructs the jury on the applicable law. While the jury must obey the judge's instructions as to the law, the jury alone is responsible for determining the facts of the case from differing versions presented by the parties at trial. For example, a judge might instruct jurors that, as a matter of law, the defendant must have known they were committing a crime to be convicted. The jury must make the factual determination whether the evidence showed that the defendant had that knowledge. If the jury finds that the evidence fails to prove the defendant knew they were committing a crime, the jury must find the defendant not guilty, based on the legal instructions the judge provided the jury prior to deliberations.

Ashley: 16:20

Sounds pretty cool to be able to actively participate in our democracy like that. At least I think so. Call me in for any time.

Sara: 16:28

No, I think it's cool too.

Ashley: 16:31

And, honestly, it's definitely an important job being a juror. So why do so many people hate jury duty or try to get out of it? Well, let's start with a brief history lesson. Americans have been serving on juries since the 17th century, when pilgrims introduced a version of the existing system. Back in those days, defendants were able to choose which of their peers could sit on the jury and determine their legal fate, and honestly, that's hilarious. I mean really just asking for a train wreck Like you get to pick the jury.

Sara: 16:59

They can decide you know Right, yeah, can you imagine where we would be as a country if that was still a thing? No, especially like with the Donald Trump case.

Ashley: 17:07

Oh, my gosh, that'd be crazy. Okay, so one of the best ways to engage a populace in governmental affairs is to make these engagements, aka, such as voting or jury duty, mandatory. That's why serving as a juror is called a duty. For a reason, when summoned to serve, americans are required to appear, although fewer than 5% of people who are summoned end up serving. Those who make the cut have a hard time wiggling their way out, although it doesn't stop some from trying.

Sara: 17:33

Like Ashley saying she was part of the country.

Ashley: 17:36

Hey, you know, I would have been there in a heartbeat if I could.

Sara: 17:39

I know, and I think I think that was when we were going to Greece, right, I think it was Greece.

Ashley: 17:44

Yeah.

Sara: 17:44

Yeah, so we were both out of the country. I was with her. I can confirm that she was not lying.

Sara: 17:51

Okay. According to a survey of about 1200 Americans who have been summoned or served on a jury, 60% of Americans believe jury duty should be mandatory for American citizens. But nearly 10% of people who took the survey lied to dodge jury duty. We found that 8.4% of those who lied did so because they felt a judge wouldn't find their reason legitimate. So let's say you can't get out of it and you have to serve. The court is expecting you to be there and you should definitely take that seriously. And why should you take that seriously? I don't know. You're just kind of dealing with the government, but I'll just give you a nice example here. A Florida judge gave a 20-year-old man 10 days in jail, a fine and 150 hours of community service for oversleeping and missing a day of jury service. In more legit terms, jurors who fail to appear without lawfully being excused could be subjected to penalties by law. Remember that when you're setting your alarms the night before you serve on a jury, Make sure you show up.

Ashley: 18:49

Got it Okay. So from that same study of 1,200 Americans, here are the top 10 reasons the respondents made up some sort of lie to avoid jury duty. So number one was financial inconvenience, at 48, which legit, I mean, people can't miss their work, they need paid very much. So number two at 41, they just didn't want to serve, I mean all right. Number three 21 had better things to do. Number four 19% feared consequences from their employer Also very legit, although crappy, because legally that's not okay. Number five they had childcare responsibilities, and that's 15%, also totally relatable. Number six they didn't want to miss recreational activities 11.

Sara: 19:37

I mean, you know fun, like I said earlier, like it's like it's overall an inconvenience, yeah, but yeah, all right.

Ashley: 19:46

Number seven they found subject matter emotionally burdensome. Seven percent seems very fair. Number eight generally they dislike government entities. Six percent, totally see that. Number nine had religious responsibilities about two and a half percent.

Sara: 20:00

And number 10 had competitive obligations like sporting games or something, was about one percent I mean, yeah, those are, those are pretty legit reasons for wanting to get out of jury duty, or reasons that would fuel you to lie to get out of jury duty minus the whole 41.

Ashley: 20:16

That just didn't want to do it.

Sara: 20:17

But yeah, I agree. Number two, number two's yeah, not that great of a reason and I may or may not fall into that at some point, but anyways, all right. So we know you've been waiting for this one. Here's the actual lies that respondents use to get out of jury duty. We have our top 10 here. Number one had a bias that would influence the case. It's coming in at 31%. That's a pretty good excuse or a pretty good lie, I don't know. We're all evaluating lies. Medical issues that's 24%. It's also hard to kind of fight with, but I think we'll get into this later. You do need a doctor's note for that. Number three had travel plans. That's our girl Ash, right here. Legit, mine was not a lie. That's coming in at 17%. Also with 17%, there was childcare responsibilities and academic responsibilities. Then there's religious responsibilities at 10%, and then we have financial inconvenience, had a personal relationship to the case, was pregnant or had a death or illness in the family.

Sara: 21:31

Okay, well, now we give everyone the 10 top lies they can use to get out of jury duty Right like do with that what you will, but really it's up to the jury commission to decide whether your excuse is good enough to get out of jury duty. And for fun, I went to my county's website to learn about how they handle excusals. And here's what it says In quotes here about how they handle excusals. And here's what it says In quotes here by statute, jurors may be lawfully excused from jury service for a variety of reasons listed below. Proper documentation and proof must be provided at least five days before the service start date. Late requests may need to be reviewed by the assigned judge. Referrals are also offered by request. Requests should be made via email to insert email here or by faxing insert phone number here. Confirmation will be sent within a physical mailed notice which may take up to three weeks to arrive. If you have already completed the questionnaire through the juror web portal, your excusal or deferral confirmation will be emailed instead.

Ashley: 22:31

That's what I did. I asked for a deferral. I couldn't remember the words and I still never got called back, so it seems rude.

Sara: 22:38

They really deferred you?

Ashley: 22:39

Yeah, I've been deferred for 10 years, I think. Okay, so here's the list of eligible reasons that you can basically get out of jury duty. People in active military status are not required to serve. Like we talked about earlier, copies of orders to show this are required. People 75 years of age or older can qualify to be excused, but are still welcome to serve. People under the age of 18 are not eligible to serve. People who are the sole caregiver to an ill or disabled family member can qualify to be excused. Written documentation from the family member's physician is required. People who have an obligation to provide child care during business hours, monday through Friday, and do not have a comparable care solution are eligible to be excused. People who have prior felony convictions that are currently under sanctions by the court and not eligible to serve. Those who are no longer on probation or parole will have their rights to serve restored. Those who are currently enrolled as a full-time student are welcome to serve, but qualified to be excused. Class schedule and transcripts are required.

Sara: 23:38

That one kind of surprised me. I'm not gonna lie what that you have to prove you're in class. No, no, not that you have to prove it, but that, like, if you're enrolled as a full-time student, like you're, it kind of gives you an out.

Ashley: 23:51

Yeah, yeah, I mean I don't know, because sometimes, like trials take like weeks or months, so it's like yeah, the whole semester like could really impact your. That's a good point.

Sara: 23:58

I didn't like tuition, I guess you know yeah, I didn't think of the like long-term ones.

Ashley: 24:04

Yeah okay, back to the list then. So people who have an employer that does not pay for jury service are eligible to be excused, and you need to check your company's complete policy on how jury service is handled. Documentation from your employer is required. If citing a medical reason, a physician's note is required. Like we said, people who do not speak English are excused. They need to be able to speak, read, write and communicate effectively. People who are no longer a resident of the county or the US are not eligible to serve. Proof of your new address is required. Really got to prove everything to get out of this.

Sara: 24:37

You do.

Ashley: 24:38

People who have served on jury duty within the last two years are eligible to be excused. Your prior attendance record guess what is required. And lastly, here people who are self-employed and would suffer a financial hardship are not required to serve. The first page of the most recent tax return or business card is, can you guess it, Sarah? Required, Required, Lots of proof. Here you have to prove that you really can't serve.

Sara: 25:04

Yes, and honestly, that feels like a decent number of things that can get you out of serving on a jury.

Ashley: 25:09

So that, coupled with the lies that we went through, um, yeah, like I said, do with that what you will but it's also crazy because those lies were like some of those were like medical and it's like well, did they get a note like how did?

Sara: 25:21

yeah, right like, how did, how did they finagle that one?

Ashley: 25:25

yeah, no I feel like the child care one would be oh, so easy easy to do, but easier, yeah.

Ashley: 25:31

yeah, I agree, not that I'm trying to get a jury duty, because obviously not. But okay, let's summarize this In all seriousness, jury duty is your duty and our duty as Americans. We totally understand it can be kind of really the most inconvenient thing ever at certain times, but we truly encourage you to participate if you ever get summoned. Remember that means being randomly selected, being deemed unbiased and eligible to serve on the respective jury by the court and actually being able to physically be there on the given dates. There's a small chance all of that will work out at the same time, so there's really a small chance you will probably ever serve on a jury, but it is still possible. Check your mail, folks.

Sara: 26:11

You never know jury, but it is still possible Check your mail. Folks Never know, you never know. So I think we've learned enough about jury duty or jury service today, wouldn't you? Say Ash, I think so I have to go watch a show now, yeah, now, okay, yeah, everyone, let's. Maybe I'll give it another chance, maybe I'll restart it for fun. But thank you all for tuning in today. We hope you've learned something and we will absolutely catch you on the flip side.

Ashley: 26:35

Absolutely and share with a friend. If this was a good episode for you and you learned a little something, thanks, bye, bye.

Sara: 26:46

Thanks for joining us for today's episode. We really appreciate the support.

Ashley: 26:50

We would also really appreciate it if you hit the follow button and share this episode with anyone you think would enjoy it. With that, we'll see you next week.

Sara: 27:05

I haven't heard that in a minute.

Ashley: 27:08

I know it does feel like it's been a while.

Sara: 27:10

Through the eyes of Jarl and he's unaware that this jury duty summons was the jury. Wow, I can't fucking talk.

Ashley: 27:20

I'm just going to start over this show sounds really cool.

Sara: 27:24

Right, understand and speak the English English, whoop English.

Ashley: 27:31

Wait, I have a question. Yeah, you think to be a podcast host, you have to be able to read English, because I feel like we both wouldn't be qualified.

Sara: 27:39

We are not qualified to make this podcast. Yeah, not currently be subject to felony charges punishable by imprint.

Ashley: 27:55

Boyd, dyer Boyddire, I have no idea.

Sara: 27:58

Boydire, boydire, boydire, boydire. Wow, that's gonna be hard.

Ashley: 28:05

I'm sorry for putting that in your section.

Sara: 28:08

I know when I did that, I was like go me. This process is called vordier.

Ashley: 28:17

Vordier, I think is what you said Vordier, Vordier.

Sara: 28:23

Vordier, yeah, vordier.

Ashley: 28:27

Each lawyer has a specific number of preemptory, preemptory, peremptory Unsure. Here, I got you Perem, preemptory, peremptory unsure. Yeah, I got you, peremptory peremptory. In addition to challenges for cause, each lawyer has a spit, I'm so worried. The last word, peremptory. That's what we said right reading english, you know. First requirement okay, let's summarize this in all all seriousness, jury duty is our dirty, our dirty Dirty. Jury duty is dirty Dirty.

United SHE Stands

From Summons to Verdict: The Jury Duty Experience

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