Jury Duty

[TheGrey]

What are TheGrey, et al.'s thoughts on Jury trial vs waiving Jury and going w/ a Judge?

I think it all depends on the case. The case in which we sat as jury ended with us in the jury room, asking why the hell they hadn't settled. It is a person's right to a fair jury trial...but if the jury realizes it's a case of digging for lot$ and lot$ of "compen$ation," you can bet the jury s going to take that into consideration. On the other hand, the judge was absolutely delighted that he didn't have to make those decisions. I'm pretty sure I wasn't the only one out of that jury that dragged butt home after the delieration; I cannot imagine being a judge and having to do that day after day after day.

[TheGrey]

They of course picked a jury that would be against the father.

I hope that wasn't the case. I would think that if it were obvious to the judge that the attorneys were eliminating everyone but mothers, that he or she would override Voir Dire- or at least keep viable options open, to include at least one man.

Then again, some people (both male or female) seek to avid jury duty during Voir Dire. There were at least four very opinionated people on the potential jury that talked themselves into being removed.

In a child negligence case, I would definitely want at least some parents in the jury! I believe that they're looking at more than just the chromosomal makeup of a "jury of your peers."

[Gman]

I believe that they're looking at more than just the chromosomal makeup of a "jury of your peers."

Indeed they are. There is statistical science in play. A case can be won or lost based on the makeup of the jury.

[O2HeN2]

In a child negligence case, I would definitely want at least some parents in the jury! I believe that they're looking at more than just the chromosomal makeup of a "jury of your peers."

The jury ended up being all women, all parents. All women, when asked "Do you have childern?" were gone immediately after answering "No".

O2

[Gman]

The jury ended up being all women, all parents. All women, when asked "Do you have childern?" were gone immediately after answering "No".

O2

Dismissed by the defense or prosecution attorneys?

[cstone]

What are TheGrey, et al.'s thoughts on Jury trial vs waiving Jury and going w/ a Judge?

Good counsel knows when to depend on a jury and when not to trust a jury. See - Baltimore police officers charged in the death of Freddie Gray.

I wouldn't wonder if one of the possible strategies of allowing an all mothers jury wouldn't depend on the type of evidence being presented and knowing that there could always be an appeal based on incompetent counsel allowing a prejudiced jury to be selected if the case goes against the defendant. Do you know how the case turned out?

[Gcompact30]

Guilty guilty and guilty oh did I say guilty

[Aloha_Shooter]

The jury ended up being all women, all parents. All women, when asked "Do you have childern?" were gone immediately after answering "No".

I can see where the defense counsel might have felt such a jury would be more sympathetic to a parent who felt overwhelmed where women who hadn't had children yet could be presumed to suffer from mothering instincts without the experience of child-rearing. Let's face it, kids can be utterly exasperating and can move fast when you least want them to. Not sure about the operative theory WRT eliminating guys from the jury other than heterosexual guys being less empathetic (and you have to admit there's some truth there).

[AirbornePathogen]

Great writeup, Grey. Very informative.

I've been called up once in El Paso and once in Arapahoe, haven't seen the inside of a courtroom. Not as a juror, anyway, but as a witness a few times. I've lived in Jeffco for 5 years now and haven't been called up yet. Of course, now that I type this...

[O2HeN2]

kids ... can move fast when you least want them to.

The case, as best I can remember, involved a child (don't remember the age) that escaped the house while the father was home and was wandering around in the road in front.

...which reminds me of what happend to a co-worker many years ago that had a kid rug-rat age. He was leaving for work and as he was going into the garage his wife asked him a question. He was distracted for just a moment in the garage doorway as he answered the question. He backed his car out only to see his child (unharmed) crawling around in the garage.*

He said the mixture of horror, relief, joy and anger almost made him puke.

O2

* The kid was supposedly safe and sound behind a baby gate or something in another room, but had achieved the next level of problem solving that morning.