Why you're not 'picked' to serve on a jury. Jury Duty explained.

Do you know how jury "selection" actually works? Here's why you're not going to be "picked" to serve on jury duty.

Chapters:
00:00 – Getting Fired from Jury Duty
00:28 – You may be Challenged
01:30 – Will you get “picked?”
02:52 – When to use a peremptory challenge
04:19 – When peremptory challenges CANNOT be used
04:53 – Can you avoid a peremptory challenge?

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Did you know that there is an interview process for serving on a jury? Depending on how this interview goes, the attorneys on the case can kick you off the jury for any reason they want. Well, any reason short of discrimination.

This interview is conducted on the record, meaning that you are first placed under oath before your interview and all of your answers are transcribed by the court reporter. This interview is known as “voir dire” and you might know it as “jury selection.”

What you might not realize though, is picking a jury is more about “deselection” rather than “selection.”

You may be Challenged

The sole purpose of voir dire is to determine the suitability of potential jurors to hear a particular case. The ultimate goal is to assemble a jury that can objectively weigh the evidence and render a fair verdict without bias or prejudice.

During voir dire, the attorneys are simply trying to determine which jurors need to be kicked off the panel. Jurors can be removed with a “challenge for cause” or as a result of a “peremptory challenge.”

Challenges for cause are legal motions where the attorney believes that the juror is actually prejudiced against the client or have expressed a bias that would prevent them from being fair and impartial.

Peremptory challenges are a tool employed during jury selection that allows attorneys to excuse a potential juror without ever providing a specific reason. Unlike challenges for cause, which require a demonstrated bias or legal disqualification, peremptory challenges are exercised at the discretion of the attorney, provided they do not violate certain constitutional principles.

The number of peremptory challenges varies greatly from trial to trial. In Federal criminal cases, each side may have anywhere from 3 to 20 peremptory challenges. In Texas trials, the parties each get between 3 and 15 peremptory challenges depending on the type of trial.

Before we go further, do you know how jury selection actually works? Let’s demonstrate with an example.

Will you get “picked?”

The question everyone has is, “What are the chances of me actually getting picked for jury duty?”

Imagine if you and 19 of your friends stood in line to ride the last Ferris Wheel ride of the day. This is a tiny Ferris Wheel that only carries 12 people, and when it is full the carnival closes. You’re number 20 in line, so it doesn’t seem like you have a very good chance of riding the Ferris Wheel does it?

Not so fast.

The Ferris Wheel operator starts asking all 20 of you questions about your experiences with Ferris Wheels. One person in line states that he actually hates Ferris Wheels, one person in line says that she has a history of vandalizing Ferris Wheels, and then another person in line states that he has debilitating motion sickness.

Before the Ferris Wheel operator started asking questions, the first 12 people in line would be getting on the ride. But after these answers, numbers 3, 7, and 14 are kicked out of line for Cause.

Now, of the people left in line, numbers 1 – 15 are guaranteed to ride since they are now the first twelve people in line.

But wait!

Now the Ferris Wheel operator gets to kick 6 people out of line without having to give any explanation why (peremptory challenge). He kicks 1, 2, 4, 5, 6, and 9 out of line. That means numbers 12 – 23 are now the first 12 people in line and you just found yourself on the Ferris Wheel!

That’s exactly how jury selection works. The first twelve jurors who are not kicked off will serve on the jury.

When to use a peremptory challenge

As a potential juror, it is essential for you to approach the jury selection process with an understanding of peremptory challenges and the reasons behind their use. Here are some key points to consider:

Limited Information: Jurors often have limited information about the case during voir dire. Attorneys may use peremptory challenges based on general impressions, body language, or other subtle cues that may not be apparent to jurors. It is important to recognize that these challenges do not necessarily reflect on your character or qualifications.

Trial Strategy: Attorneys may employ peremptory challenges as part of their trial strategy. The selection of a jury is a dynamic process influenced by the unique aspects of each case. Certain individuals may be excluded...

Music:
Mission to Mars – Audio Hertz
Music provided via YouTube Studio Audio Library

[afteritsallsaidanddoneisti]

Maybe when they send these summons they should make sure the person doesn't live an hour and A FUCKING half away.

[fumtastic]

If I'm ever called for jury duty I'm just gonna say I don't wanna be there and I'll just go with what everyone else picks. They won't want me there after that because they want someone who will care enough to pay attention. And genuinely I don't.

[arinerm]

While I was thinking of all the ways to avoid jury duty and a contempt citation, your last line hit home. A fair and impartial jury is critical to our legal system, so if not me, who?

[enderfal]

If you don't want on a jury, when they ask if you will apply the law, as they give it to you, but it is a law you don't like, just admit you will nullify the jury. Perhaps not in those words. It would be an honest answer. This would often apply to drug cases, perhaps some motor vehicle offenses, and other things that some people don't think should be a crime.

[SleepwalkFan]

53 people showed up last time I was there. We sign in as we arrive. I was 13 on the list & turned out to be juror #3

[DMS]

Fastest way out of jury service is to talk. Volunteer answers to questions. The more you talk the better the chance you’ll cause one side or the other to strike you.

I was excused from a murder trial once. In response to a question, I said that a victim didn’t need to be bleeding from their eyes on the ground before they were allowed to defend themselves. Prosecution struck me.

[johnluke]

I get called for jury duty at least once every year. However, as a white male in a predominantly black city/county, I'm skipped over for selection every. single. time.

[clintonbrown]

I want to be on a jury. Not many people would say that but I've always imagined being there, doing things like hearing and reviewing the case for myself instead of hearsay

[TAG]

I’m seen as a crazy vet, so I never get even a jury duty summons. It’s the only time I’m glad to be a crazy vet and brag bout it. 😝

[debbie]

Good one! I feel a quiz coming on the heels of this video.

[LorkTv]

Lol I had jury duty 4 months ago on Christmas week. I got called up with 27 other people for a 7-person jury and I was number 19, but I got chosen anyway.

Beyond introducing myself and letting the attorney and prosecutor know that I was once a victim of a crime, I said nothing else but still got picked. At least now I have a better understanding why. Thanks for this video.

I actually enjoyed jury duty when the trial started, but damn I hated the waiting process. It was 5 hours of sitting in a room with a bunch of others and 3 hours for the trial, but I learned a lot about the system.

[TomMayrand-bzve]

I once got bumped from a jury because I knew the defendant

[johnmckown]

I've been called to jury duty 4 times. I got on 1 jury. The one where neither lawyer asked me anything.

[ghostfields]

i have jury duty tomorrow and it’s an hour away from where i live. i cannot afford to do this oh plus they say it’ll be two weeks. i hope to god i’m not chosen.

[amandanewberry]

ive always be intrigued with being a juror, at least once in my life, but have yet to ever be called for an interview or any of such thing involved with it

[dsn]

An explanation that is easy to understand, for an important service.

[Dermacrosis]

Please note this does not apply to the UK. This is a US thing. In the UK nothing that is mentioned in this vid applies.

[johnslyfield]

Imagine a ferris wheel working like this. And this is after you've paid you fee to ride, with no refund!

Also, I was on a case where the judge asked the panel if they had concerns about serving on the case. They stated that they can dismiss you for this three day case but another judge with a two week case may not. Also, one of the party's attorneys also asked the question as well. I believe that in either case it would have resulted in a challenge / dismisal for cause.

[infinitedarkness]

The last time I had jury duty, and I’m not sure if I can disclose the case details, even though the judge had said we could after he dismissed us and this was years ago all I’m gonna say is this. We were in the deliberation room for about an hour and a half to two hours. The prosecution did not do a very good job presenting their case at all. We felt like the attorney was not prepared and did not do a good job. So we had reached a verdict of not guilty and we were about two minutes from going back to the court to present our ruling. It is at that time the judge walked in and told us we could all go home the guy made a plea. I was thinking to myself dude, you were two minutes away from being not guilty

That was a bit odd for me

Question I also have is this if you ever get jury duty and you have a medical procedure coming up three days after it was supposed to start and your schedule becomes extremely busy in terms of job the following week what attorneys look at

[Altered-By-Christ]

I have served on a Jury before and I Loved the experience‼️😊 I been called to hurt Duty 5 Times in my entire 51 years of Living ... 33 Years of Adulthood 🤷🏽‍♀️😁