Gavin Howe
Law graduates are not automatically excluded from jury duty, and it is their right and duty to be called upon for it. However, lawyers are typically excluded from juries because they are likely to have their own opinions and ideas about the case and are educated in jury nullification. Additionally, lawyers are prone to exclusion from trials because they are considered experts in law-related topics. Law students can be excused from jury duty if they are called upon during their semester, but they will have to serve during the summer.
| Characteristics | Values |
|---|---|
| Law students can be called for jury duty | Yes |
| Law students are likely to be selected for jury duty | No |
| Law students can be excused from jury duty | Yes |
| Reasons for lawyers to be excluded from jury duty | Prone to having their own information, likely to be stricken from serving by one of the lawyers, educated in jury nullification, may have biases |
| Reasons for lawyers to be included in jury duty | Anyone can sit on a jury, right and duty to be called for jury duty |
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What You'll Learn
Law graduates' knowledge and opinions influencing their decisions as jurors
While it is possible for law graduates to be called up for jury duty, it is uncommon for them to be selected due to their knowledge and opinions, which can influence their decisions as jurors. Law graduates are likely to have pre-existing knowledge of the legal system and specific laws, which may cause them to think they know more than they do and, therefore, disregard the rules of the court. This could lead them to follow their own opinions and ideas, even if incorrect.
Additionally, law graduates may be well-versed in jury nullification, which could further influence their decisions as jurors. Jury nullification occurs when a jury's verdict goes against the letter of the law, often due to their disagreement with the law itself. As such, lawyers may not want law graduates on their juries, as they want individuals who can be easily persuaded and convinced, rather than those with strong pre-existing opinions.
However, some law graduates may desire to perform jury duty, as it provides a unique perspective on the legal system and can be seen as a valuable experience. It offers a full-circle view of the system they are about to enter, allowing them to understand the jury's role and how it interacts with the rest of the legal process.
To ensure a fair trial, it is essential to consider the potential biases and pre-existing knowledge of all jurors, including law graduates. Tools like the PJAQ (Pre-trial Juror Attitude Questionnaire) can help assemble a diverse group of jurors with varying beliefs and biases, allowing for a more balanced decision-making process. Addressing and acknowledging the influences on jurors' decisions are crucial steps in striving for an impartial and equitable legal system.
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Lawyers' ability to sway a jury
In the United States, practicing lawyers are called to serve on juries. However, they are typically excluded from serving by one of the lawyers trying the case. Lawyers have unlimited "for cause strikes", which are used when a juror is biased in some way. In the case of a lawyer, the cause strike is usually used by claiming that the lawyer is biased toward either the defense or the plaintiff based on the type of law they practice.
However, if a lawyer is not excluded from the jury, they may be able to sway the other jurors. This could be due to their ability to explain confusing instructions or legal concepts. For instance, if a jury doesn't understand a jury instruction, they can only send a question to the judge, who may simply instruct them to "read carefully". A lawyer on the jury, on the other hand, would be able to provide an interpretation of the instruction, which could sway the other jurors.
Additionally, some lawyers believe that jury consultants can be valuable in predicting what will be persuasive to a jury and simplifying the case. For example, Los Angeles antitrust attorney Max Blecher has relied on his wife Sally as his primary jury consultant for over 40 years. She helps him identify prospective jurors who may be biased and alerts him if jurors seem to be losing interest during the trial.
While a lawyer's personality may influence the jury to some extent, most experts believe that people primarily rely on the facts presented when making a decision. Jurors generally work hard to base their decisions on the facts of the case and are rarely swayed by inappropriate lawyer behavior.
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Jury diversity
The lack of diversity in juries has severe consequences, leading to wrongful convictions and unfair sentences that disproportionately affect marginalized communities. Additionally, diverse juries have been shown to make better decisions, exhibiting greater thoroughness in evaluating evidence, discussing more facts, and making fewer factual errors. They are also more open to addressing the role of race in a case.
To address these issues, courts, lawyers, states, and communities must actively work to eliminate racial bias in jury selection. This includes ensuring that the proportion of Black people in jury pools matches their representation in the overall population and addressing the discriminatory practices that disproportionately remove people of colour from juries.
While students of law can be excused from jury duty, it is not uncommon for law students to serve on juries. However, it is challenging for lawyers to be selected for juries as their legal knowledge may influence their decisions, and they may be more likely to disregard court rules and follow their opinions.
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Jury nullification
The main ethical concern with jury nullification is the tension between democratic self-government and integrity. There is also a fear that it could be used to permit violence against socially unpopular groups. However, judges retain the right to decide sentences and override guilty verdicts, acting as a check against malicious juries.
Despite these concerns, discussing jury nullification is protected by the First Amendment, which guarantees free speech on matters of public concern, including the criminal justice system and jury trials. The public benefit from the open discussion of ideas, and the government is prohibited from banning speech based on its content.
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Lawyers' exemption from jury duty
In the United States, there are three groups that are exempt from federal jury service. These include:
- Members of the armed forces and national guard when on active duty.
- Members of non-federal professional fire and police departments.
- "Public officers" of federal, state, or local governments who are actively engaged full-time in the performance of public duties.
Some states, such as Colorado, do not exempt military members from jury duty. However, students in Colorado are not automatically excused from jury duty but can request a postponement.
Additionally, individuals may be temporarily excused from jury service if they can demonstrate "undue hardship or extreme inconvenience." This could include financial hardship, as evidenced by a letter from the individual's employer, or breastfeeding, supported by a medical statement.
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Frequently asked questions
Yes, law graduates can do jury duty. However, in practice, lawyers are often stricken from serving by one of the lawyers trying the case.
Lawyers are typically excluded from juries because they are likely to have their own opinions and ideas about the case, which may be influenced by their legal knowledge and education. Additionally, lawyers are also excluded because they are believed to be more likely to disregard the rules of the court and follow their own opinions and ideas, even if incorrect.
Yes, law students can usually get out of jury duty by calling the court and explaining their situation.
Serving on a jury can provide law students with valuable first-hand experience of how the law is applied in practice. It can also give them a better understanding of the power of advocacy and the importance of diversity in the jury system.
