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  1. #1
    Join Date
    Mar 2014
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    3

    Default How Does Jury Selection Work

    My question involves criminal law for the state of: South Carolina

    I just got back from my first summons for jury duty. I understand now how people are picked for juries, but have a question about something that arose at our jury selection in Magistrate's Court.

    There were 3 cases brought before the jury and we all had to stand up and state our address, our place of employment, and if we were single/married or had a significant other and what their jobs were.

    I was selected twice to stand up and state the above. The first trial had to do with a shop lifting case, and the last two pertained to simple possession of marijuana (under an ounce). I was selected for the two marijuana related cases, the first time I was excused and the second one I was seated on the jury.

    After the selection process was finished, the lawyers and prosecutor deliberated behind closed doors. The judge entered the room and told us to bring our summons papers up to him. We all took our seats and the judge told us that we were not going to be selected and that their would be another selection of jurors at a later date.

    My question is, what causes this? Was the make up of the juror's not ideal for the marijuana cases? All 14 of us were excused.

    Hopefully someone that studies or studied law can answer my question. Does this happen often? This was my first time at jury selection and I found it interesting that we were selected and then excused from the trial hearings.

  2. #2

    Default Re: Jury Selection

    Jury selection is largely left up to the attorneys (plaintiff & defense) as to whether or not they want you sitting on the jury. I've been subpenaed for jury duty many times. Once I was stricken by the Judge as he asked if there were any current or ex-police officers, I held up my hand. Since this case was about a shooting that took place, he asked if anyone had been a victim of a violent crime, again I held up my hand and I was excused.

    Another case I knew both the defense and plaintiff's attorney. In another I was preparing for deposition and trial in two civil cases and was excused.

    Jury selection is a quasi-science and depends largely on the answers to question you are asked and your subsequent answers.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Jury Selection

    It most likely had nothing whatsoever to do with the jury pool and more to do with motions regarding the case that delayed its place on the docket.

    The last time I was called for jury duty, they told us when we first arrived that there were two trials that day for which jurors would be needed. One case settled out of court before we were called; in the other case we were told that one side had brought a motion before the court that had to be settled outside the presence of the jury and the judge would not rule till the following day. So we were all excused.

  4. #4
    Join Date
    Sep 2005
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    Default Re: How Does Jury Selection Work

    My suspicion is that your summons required you to report for duty over a specified period of time and, due to other trials taking precedence over the trial for which you were selected, the rescheduled trial date fell past the end date of your specified period of service.

  5. #5
    Join Date
    Mar 2014
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    3

    Default Re: How Does Jury Selection Work

    Quote Quoting Mr. Knowitall
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    My suspicion is that your summons required you to report for duty over a specified period of time and, due to other trials taking precedence over the trial for which you were selected, the rescheduled trial date fell past the end date of your specified period of service.
    Interesting. If the trial I was supposed to serve on runs past the end of my term, will I still be summoned to court at a later date? Or will they pick from a new pool of jurors?

    If this is the case it seems Attorney's have to have a lot of wherewithal about dates the juror's are serving and trial dates as well as when they coincide, so they can postpone trials. Am I wrong about this? I had two friends get a DUI while in college and both used the same lawyer. Both of them never saw the courtroom over the course of several years. They had their DUI's dropped.

    On a separate note: I found it funny when the lawyer's were picking juror's that they were being biased as to who they selected, when juror's aren't supposed to be biased at all. I know they are trying to protect their client. I'd have to say that no lawyer wants a fair and impartial jury. Haha.

    Anyways, thanks for the responses. I didn't mind jury duty at all, I actually found it quite intriguing.

  6. #6
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    Sep 2005
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    Default Re: How Does Jury Selection Work

    You would have to investigate local policies. It is standard practice for a jury to have to continue to the end of the trial when the trial starts within their period of service. As the court looked at your summons before dismissing you, I expect that the issue was that the trial would not start until after your period ended, with that being a material distinction in your jurisdiction.

    If you never see the inside of a courtroom, it has nothing to do with jury selection. A defendant is expected to be present in court on all trial dates, including the date of jury selection.

    Yes, of course, lawyers want to try to find jurors who will be receptive to their arguments. The type of prejudice that may cause you to be pro-prosecution or pro-defense is not necessarily (and usually is not) the type of prejudice that would warrant removal for cause.

  7. #7
    Join Date
    Mar 2014
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    3

    Default Re: How Does Jury Selection Work

    Quote Quoting Mr. Knowitall
    View Post
    You would have to investigate local policies. It is standard practice for a jury to have to continue to the end of the trial when the trial starts within their period of service. As the court looked at your summons before dismissing you, I expect that the issue was that the trial would not start until after your period ended, with that being a material distinction in your jurisdiction.

    If you never see the inside of a courtroom, it has nothing to do with jury selection. A defendant is expected to be present in court on all trial dates, including the date of jury selection.

    Yes, of course, lawyers want to try to find jurors who will be receptive to their arguments. The type of prejudice that may cause you to be pro-prosecution or pro-defense is not necessarily (and usually is not) the type of prejudice that would warrant removal for cause.
    My summons is a period of 3 days starting today starting at 11am, and the trial was scheduled for Thursday at 1pm. So I believe you are right. That would take place after my 72 hours was up. What about the case that was on Wednesday at 9am and people were excused? I don't know, sorry for my lack of knowledge on the subject matter. I guess the simple solution is to check my mailbox for a letter from the Magistrate's Court.

  8. #8
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    Sep 2005
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    Default Re: How Does Jury Selection Work

    I'm really not able to do more than make educated guesses. The clerk of the court should be able to give you a solid answer.

  9. #9
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: How Does Jury Selection Work

    A jury is simply a group of 12 people assembled to listen to a case and decide which lawyer lied the best.

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