Posted on Aug 30, 2016
Does being a veteran keep you from serving on a jury?
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I ask because yesterday I was called for jury duty. I was selected to a group of 28 potential jurors who went to a courtroom to be questioned by the judge and lawyers. When questioning revealed that I had served in the military I could see red pens come out on both sides to mark their spreadsheets. Ultimately I wasn't selected, but sure seemed vet status did me in early on in questioning.
Posted >1 y ago
Responses: 257
Guess I got called up once, but the people who's CONUS address I use told the court I was out of the country. Never had the chance. But after reading many of the posts, I also feel we know where the BS meter is pointing and that may make a difference sometimes.
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Sir, I would surmise that it might well depend on the charge(s) for which the accused is being tried (if for a specific case rather than a jury pool for a specified time), the political leaning of the venue in which the case is being tried (politics, after all, the law not withstanding, do play a part in selecting juries, especially under voir dire selection), and whether or not those selecting the jury believe their client(s) would ever get a fair trial, given the belief (and fact) that most military folks lean conservative AND are likely to have little patience with legal posturing, preferring to hear the facts in evidence. Further, after having served subject to the jurisdiction of the UCMJ, (which allows fo both tougher and more lenient judgements and punishments under varying circumstances and command levels, as you well know), it is my experience that military people are willing to give a wider view, take more circumstances into account, but also understand that letter of the law, often is mitigated by the intent or spirit of the law, as circumstances dictate (and as attorneys often attempt to use to obfuscate the evidentiary facts). You may well be correct, and I personally have seen both sides of that: potential (military and former military) jurors being easily selected in communities supporting the military, and being rejected wholesale in those that barely tolerate, or actively berate the military.
I, personally, have been selected for jury duty, military service notwithstanding, or apparently hindering that selection, as about 2/3 of the pool selected had some military background. Thus, my comments above.
I, personally, have been selected for jury duty, military service notwithstanding, or apparently hindering that selection, as about 2/3 of the pool selected had some military background. Thus, my comments above.
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I've been called and told not to come in as soon as they get the initial questionnaire they send out back. Once I have had them call and ask specific questions on my military career then after the questions tell me I was not needed to appear.
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I have been called several times but only selected once. The lawyers in the family (ex-wife, criminal prosecutor for the IRS and daughter, public defender) have explained several of the issues previously mentioned. Some is based on fact and some on the respective lawyers' notions of the military. In both instances it may result in either side (or both sides) wanting to keep you off. The basic both pro and con (depending on the case and which side) is that military tend to be far more grounded in law (regulation) and less likely to be swayed by a dramatic argument form counsel.
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I experienced the same thing. I served for six years and did three combat tours in the Middle East. I received the letter for jury duty. Walked into the courthouse with a us navy veteran hat on. The lawyers asked me how many years I was in the service for and they immediatly struck my name from their list and was told these words "sorry for any inconvienience but they would not need me as a juror." tge last time I recieved a letter for jury duty I called and they asked for the file number and then said "sir we show that you are being treated for PTSD I said yes and they said that I would no longer receive summonses for jury duty and they said have a nice day sir. It's like they know that we will not lie or be swayed in any way. I think military members would make great jurors but I am biased. Oh well no jury duty for me.
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Not sure. I have only been called to serve once in 25 years and the guy plead out. My wife has been called 4 times just this year. I do also have to take into account the I was law enforcement for 10 years.
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I'm 1 for 2. Empaneled once and not selected the second time. The time I wasn't selected was related to my number sequence, not veteran status. I was something like #46 and they found 12 jurors and two alternates before they got to my number.
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It didn't stop me, Lt Col John (Jack) Christensen, and I was actively serving in the USAR both times I received the summons. I received a federal court summons while living in Oklahoma City, but was never selected from the pool. I received a county court summons while living here in TN, and was selected for the jury that ultimately decided the defendant was guilty.
It's been a long time, but I don't think my military status was ever questioned that I remember.
It's been a long time, but I don't think my military status was ever questioned that I remember.
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I'm an Air Force Vet and retired Army. I've been called for jury duty five times over the last three decades and I've been challenged off by the defense attorney every time. I was never challenged for cause, always by a peremptory challenge by the defense attorney.
I have several Masonic brethren who are attorneys and one who is a DIstrict Judge. They tell me that there are several reasons why a defense attorney would challenge me; I'm white, I'm male, I'm educated, I'm married, I was career military, I served overseas, I'm a conservative Libertarian, and I'm a Christian. I agree that how questions are answered lead to being challenged but I submit that most veteran's answers would be different from most civilians, probably resulting in a higher rate of dismissal.
The first time I was called, the ADA asked the jury pool how we would rate the criminal justice system in this country on a scale of 1 to 10. Most of the jurors answered between 2 and 4. My answer was a 9, perhaps a 9 and a half. The ADA seemed surprised and asked me why I rated it so high, since he'd never had a rating that high. I explained that I had served [lived] in societies where children who stole a loaf of break to feed their hungry siblings would be severly beaten or have a hand cut off and, compared to that, we were doing pretty damned good. I was the first peremptory challenge by the defense attorney.
So, I don't believe that being a veteran, in and of itself, will keep you from serving on a jury, but, combined with other factore usually common to veterans, it's more likely.
I have several Masonic brethren who are attorneys and one who is a DIstrict Judge. They tell me that there are several reasons why a defense attorney would challenge me; I'm white, I'm male, I'm educated, I'm married, I was career military, I served overseas, I'm a conservative Libertarian, and I'm a Christian. I agree that how questions are answered lead to being challenged but I submit that most veteran's answers would be different from most civilians, probably resulting in a higher rate of dismissal.
The first time I was called, the ADA asked the jury pool how we would rate the criminal justice system in this country on a scale of 1 to 10. Most of the jurors answered between 2 and 4. My answer was a 9, perhaps a 9 and a half. The ADA seemed surprised and asked me why I rated it so high, since he'd never had a rating that high. I explained that I had served [lived] in societies where children who stole a loaf of break to feed their hungry siblings would be severly beaten or have a hand cut off and, compared to that, we were doing pretty damned good. I was the first peremptory challenge by the defense attorney.
So, I don't believe that being a veteran, in and of itself, will keep you from serving on a jury, but, combined with other factore usually common to veterans, it's more likely.
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COL Newt Steely
Interesting you mention the loaf of bread analogy. I was being questioned for a jury pool and the question was "Do you believe it is ever OK to steal something? I was the fourth or fifth person in the jury pool to be asked this. The defense attorney started saying "I object" as I was answering yes. As all of the prior potential jurors had answered no, she stated she wanted to hear my response first. I stated that stealing a loaf of bread in order to feed your family was OK. I also referenced Les Miserable. Every prior person who had answered in the jury pool stated that they wanted to change their answer. I also asked that " However, but This is a question about a theft from a dive shop, correct?". I was so outta there.... COL Steely RET
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