Jury Duties Call

[Reba]

Accord your description, yes USA and England are almost same jury system.

Almost but not the same.

The citizens receive the letter from judge invite them to be juror in their court. Some citizens accept their invitation or not.

The letter is not an "invitation"--it's a command that you must obey or the police will be knocking on your door. You can't refuse to show up or ignore the order. If you have a very good reason (like a medical condition, or traveling out of state) you can contact the clerk of court for an excuse. Otherwise, you must show up, and then you can request to be excused. It's the judge's decision.

Yes, Jurors vote guilty or not guilty to help Judge´s decision.

In America, if it's a jury trial, the jury's decision is THE decision; the judge must accept the jury's decision with rare exceptions.

Yes, Judge decides how long they sentence in the jail after get the help from Juror´s vote.

Sometimes. Sometimes the penalty phase is separate from the guilt phase.

Of course, this all pertains to criminal trials. Civil trials are a different process.

 

[Reba]

Huh? There's supposed to be a criminal prosecutor for these cases, that's why the mother wouldn't have a lawyer, it's not a civil proceeding. I have a hard time swallowing this, something's missing from this story.

Yes, there are some details missing for sure.

If it's a civil case, and the mom was suing for monetary damages, then she should be using a contingency lawyer, who would also be responsible for making sure a terp was there, or else requesting a continuance.

If it's a criminal case, and the mom wants the coach put in jail, then the local prosecutor would present the case, not the mom, and he would be responsible for making sure a terp was there, or else requesting a continuance.

Either way, I don't understand why the mom was doing it herself, unless it was a civil magistrate's small claims court.

 

[Reba]

...I am not quite sure what you mean about the magistrate in petition without juries. The serious issue that cannot be solved until the judge makes a decision. Is that what this mean?

This explains magistrate's court:

What the Court Does
Q: I've seen the terms "Summary Court" and "Magistrates' Courts". What's the difference?
These terms are used interchangeably to refer to courts which are presided over by a Magistrate. The administrative support staff for the Magistrates' Courts is always referred to as "Summary Courts Administration".

Q: What kinds of civil cases are heard in Magistrates' Courts?
Magistrates hear several types of civil cases. The most familiar is probably the Small Claims case. Small Claims cases are disputes involving $7,500 or less (in money or value of property). Magistrates' Courts also handle Evictions, Pre-Distress Warrants, Claim and Delivery, Landlord/Tenant disputes, Public Sales on Abandoned Property, and issue restraining orders.

Q: Can I get a jury trial in Magistrates' Courts?
Yes, you are legally entitled to a jury trial IF YOU REQUEST ONE. If you wish to make such a request, you should speak to the clerk in charge at the Magistrates' Court where your case is being heard. The judge will arrange for a trial date, and a six-member jury will be selected for this purpose.

Q: How do I file a criminal case?
Individuals do not file criminal charges. A criminal proceeding is initiated by the government, usually through the Charleston County Solicitor's Office in coordination with a law enforcement agency. Allegations of criminal behavior should be brought to local police, sheriff's department, FBI, or other appropriate law enforcement agency.

Magistrates' Courts - FAQs

 

[Reba]

You do realize that a defendant has the right to waive a jury trial, right? Also, many "minor" cases are resolved by the magistrate in petit court without juries.

Oops, I reread my post too late and noticed my mistake. (I was in a hurry.)

I didn't mean "petit court without juries." A petit jury trial obviously has a jury!

I meant "small claims court". Sorry about that. Sometimes my fingers go faster than my brain. :Oops:

 

[webexplorer]

Oops, I reread my post too late and noticed my mistake. (I was in a hurry.)

I didn't mean "petit court without juries." A petit jury trial obviously has a jury!

I meant "small claims court". Sorry about that. Sometimes my fingers go faster than my brain. :Oops:

Oh I get it. That's okay. Thanks.

 

[Liebling:-)))]

That's the job of the Judge and attorneys. They are supposed to choose people who are not like those you mentioned.

Yes, that´s right.

Reba,

Remember, the forums is not jury forums but the forums are for the people who feel free to share their experience, facts, etc. It sounds that you think the people who shares their posts in the forums is not right for jury duty that´s because they shares their experiences etc. :roll:

 

[Liebling:-)))]

Almost but not the same.

I am not saying that they are the same but almost same.

The letter is not an "invitation"--it's a command that you must obey or the police will be knocking on your door.

wow It sounds a force to me. In England - no! The people has the right to say no or yes with reason or no reason.

You can't refuse to show up or ignore the order.

Yes, the people are obliagte to answer the juror letter that they accept to be juror or not. No matter either they have good reasons or not. If the people are interesting to be jury then have to be check by interview either they are fit to be juror in the court or not. After interview with many people, they choose 12 people of many people.

If you have a very good reason (like a medical condition, or traveling out of state) you can contact the clerk of court for an excuse. Otherwise, you must show up, and then you can request to be excused. It's the judge's decision.

wow, what if the people refused`?

In America, if it's a jury trial, the jury's decision is THE decision; the judge must accept the jury's decision with rare exceptions.

Yes, I know... I already said but you said the same...

Sometimes. Sometimes the penalty phase is separate from the guilt phase.

Of course, this all pertains to criminal trials. Civil trials are a different process.

Yes I know. So?


Like what I say almost same which mean is not exact same.

 

[Reba]

Yes, that´s right.

Reba,

Remember, the forums is not jury forums but the forums are for the people who feel free to share their experience, facts, etc. It sounds that you think the people who shares their posts in the forums is not right for jury duty that´s because they shares their experiences etc. :roll:

That's fine as long as we are clear about which country's system we are discussing.

The USA, Germany, and England each have different legal systems. I explained what we do in the USA, and you can explain what you do in Germany and England. Everyone can explain how trials are run in their respective countries, no problem, as long as it is clear that the rules are different for that country.

 

[Reba]

wow It sounds a force to me...

Yes, it's the duty of American citizens to serve on juries.

wow, what if the people refused`?

The judge sends the sheriff to bring them to court. If they still refuse after they arrive at court, then they are sent to jail in contempt of court.

 

[Dixie]

Here in AR its fairly easy to get out of jury duty - you can say - I know this person he is my neighbor, I feel that I cannot be impartial in this case then boom your'e off the hook. Here in the county they go by registered voters, for State Courts they go by driver's licenses.

 

[TFWFalcon]

Right, but the vote must be unamimously or they will be called hung jury. What does that means is that must have 12 voted as guilty or 12 voted as not guilty. If 12 votes of either guilty or not guilty is not met then it will be declared as hung jury; The trial will be declared as mistrial.

To better understand the way it runs, I recommended you to watch the movie called "The 12 angry men", it is DARN good movie!

I will rent movie about this one.

 

[zer0]

oh brother, I recvd Jury Summoner by the mail about 2 weeks ago, I went there to the jury asslemy room where Im suppose to be to meet them at 830 in the mourning last Thursday and they aren't allowed to have disabitly to be on jury duty and then they let me go and keep the jury summoner good for 2 years that mean they wont get you again until 2 year expired. Jury Duty is no fun but they pay you little like 10 bucks a day and Im not worried crap about "not allowed to be on jury duty"

 

[Liebling:-)))]

After seeing how some people in these threads don't know how to sort opinion from fact, or how not to make snap conclusions, I might have to agree. Some people are just not suited for jury duty. They don't know how to rationally analyze the evidence, and are easily swayed by their feelings and prejudices.

I would suggest you to rent the DVD "A time to Kill".

The juries, judge, etc do have feeling.

 

[Reba]

I would suggest you to rent the DVD "A time to Kill".

Why? What does a fictional movie have to do with real life jury duty?

The juries, judge, etc do have feeling.

Of course they have "feelings." I've served on jury duty, and I've observed trials, so I've seen what happens. Everyone has feelings. But jurors are supposed to make their decisions based on the facts of the trial, not on feelings. That's why the jurors are screened before they are accepted for duty. If their feelings or prejudices are too strong, they aren't allowed to serve on the jury.

 

[Byrdie714]

I agree with Reba on this issue 100%.

Personally I think deaf people should serve on jury duty. At least they will have a better understanding of what goes on in the court room and not assume that they do.

As Reba pointed out, it's your civic duty. If you don't do it, then you're not much of an American then.

 

[Aleser]

I agree with Reba on this issue 100%.

Personally I think deaf people should serve on jury duty. At least they will have a better understanding of what goes on in the court room and not assume that they do.

As Reba pointed out, it's your civic duty. If you don't do it, then you're not much of an American then.

While I agree that Deaf people getting off of jury duty on the sole fact that they are deaf is idiotic, I absolutely cannot agree with you saying that not serving on the jury makes you "less" of an American.

I know people who think would be a violation of their faith to swear an oath in G-d's name- thus, they cannot serve. Are they bad people, or more to the point, bad -americans-?

 

[Reba]

...I know people who think would be a violation of their faith to swear an oath in G-d's name- thus, they cannot serve. Are they bad people, or more to the point, bad -americans-?

They don't have to swear on a Bible or in God's name when they take the oath to serve. They can simply state that they affirm (promise) to judge the facts honestly.

Each state and jurisdiction manages their court procedures differently, so a potential juror should check out the rules pertaining to the local court. The various times that I was called to duty, I received a letter with explanations and also forms to fill out. They also included Clerk of Court phone numbers and other contact information.