How To Get Out Of Jury Duty: Former Prosecutor Explains The Secrets! (2023) #juryduty #criminaljustice #criminallaw
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You get the dreaded notice in the mail – you have been called to jury duty. This is probably one of the top 5 questions I get asked every day – how do I get out of jury duty! There are multiple issues to consider here - do you have a legal reason to avoid jury duty? If so, you may not even have to show up to court! If not, you may have a practical reason that will cause the prosecutor or defense attorney to strike you. Let's discuss!
Let’s cover the legal reasons and practical reasons for getting out of jury duty:
1. You are biased
2. You are not qualified to serve as a juror
a. You are always considered qualified to serve as a juror unless you meet one of the specific provisions under the law
b. For example, you can be disqualified to serve as a juror if you are a convicted felon or under charges for theft
c. You must also be:
i. 18 years of age
ii. US Citizen
iii. Resident of the state and county of the court
iv. Qualified to vote
v. Have “good character” – whatever that means
vi. Not recently served on a jury
3. One the easiest way to get out of jury duty is through an exemption
a. Being exempt doesn’t mean you can’t volunteer to show up but it does mean you can choose not to participate. Let’s cover what the law says about exemptions.
i. Over 70 years of age - exempt!
ii. Young child (less than 12 years of age) in your custody you are attending to and showing up to court would cause an issue with child care - exempt!
iii. High school student - exempt!
iv. Enrolled in college - exempt!
v. Legislative employee working for the state - exempt!
vi. Primary caretake of a disabled person - exempt!
vii. Active duty military on deployment - exempt!
viii. Prior jury duty within 24 months - exempt!
Practical considerations: what happens when you get to jury duty?
Well, recognize that if you are near the front of the line and you have a low juror number when you are seated (1-20), you have a higher probability of making the jury. If you are juror number 50-60, you don’t have anything to worry about – you are likely going home no matter what you say.
However, if you are in the first 15-20 spots, get ready, unless there is a reason to strike you from the jury, you have a high probability to be placed on the jury.
Here is the big one I am going to spend some time on – being eliminated from the jury because you are seen as biased or prejudiced. I get asked this question all the time – what do I need to say to get eliminated from the jury? Before I go further – let me be clear – if you are the one fighting for your life, you want people to be honest and upfront about their thoughts and beliefs! It is never a good idea or morally a just thing to go in to make things up to get off a jury.
Let’s unpack how the lawyer is thinking when they ask you a question and what the judge must hear in order to strike you from the jury. Remember, the judge must hear that you are biased against either the state or the defense in order to strike you. The attorneys can strike you for 2 reasons:
1. Strike for cause – unable to follow the law (presumption of innocence, beyond a reasonable doubt, 5th amendment right not to testify, etc.)
2. Peremptory challenge – an attorney strikes you from the jury because they think you would not be favorable to their side. (bad attitude toward the accused, believe all cops tell the truth, see no reason why anyone should ever refuse a search)
So, use common sense on this one – if you want to be struck from the jury – SPEAK UP! The more you talk about your opinions, the better the chance someone will not like what you are saying. At the end of the day, the goal of the judge is to make sure each juror on the jury is going to be fair and unbiased in their deliberations. How do you achieve that goal if people don’t speak up?
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00:00 How To Get Out Of Jury Duty
00:48 Legal Reasons To Be Excluded From Jury Duty
01:47 Requirements For Jury Service
02:44 Exemptions To Jury Duty
08:16 What Does It Mean To Be Biased Or Prejudiced?
10:35 Peremptory Challenge
11:11 Batson Challenges
12:56 Talking Does The Trick