Let me preface this article by explicitly stating that we are in no way saying that you should lie, especially under oath, but as a busy attorney with two kids and a wife, I know how busy life can get sometimes. Between soccer games, hockey practices, band recitals and work, life can get hectic, even more so if you get that jury summons in the mail.
We’ve had years of experience selecting and working with juries, so we know what to look for and what raises red flags. Again, we’re not condoning that you lie under oath, but sometimes people have legitimate reasons to get out of jury duty, and if need be, here’s how you can highlight those issues to make yourself a less desirable jury candidate.
1. Be Relatable To The Case
This might sound counter-intuitive, but lawyers don’t actually want someone who can relate closely to the case, because it hints that you may already be predisposed to lean one way or another. For example, let’s say you’re selected for a case involving a person who is suing his neighbor because he slipped on his neighbor’s unshoveled sidewalk. If you have a family member or friend who sued someone or the city for a slip and fall case, you may want to bring that up in jury selection. Similarly, if you’re being selected for a DUI trial and you have a friend or family member who was injured by a drunk driver, bring it up. Neither the prosecution or defense wants a jury member who is going to strongly empathize with the other side.
2. Let Your True Feelings Show
Similar to the above point, if you’re particularly set in your beliefs, and the case in question seriously violates your personal beliefs, bring it up to the court. For example, maybe you believe the drinking age was better when the legal age was 18, or maybe you think a woman should have the right to sell her body if she so chooses. If you’re involved in an underage drinking case or a prostitution trial, you should make the court aware of your inherent bias.
3. Have a Crappy Attitude
Attorneys are looking to obtain the right amount of information from a juror, and that can be tough to do if someone comes in with a poor attitude. Now, you have to answer the questions, but being vague or short with your responses can raise red flags because the attorney can’t really feel you out. Being overly obvious or expressly saying “I don’t want to be here,” isn’t a wise choice, but if you can imply it with your body language and your responses, you likely won’t land on a jury.
4. Have an Overzealous Attitude
Another way to end up off the jury is to be overly obvious that you want to be on the jury. Attorneys can sense when someone really wants to be on the jury, and that person is likely to be domineering when you get behind closed doors. In a perfect world, a jury would all pitch their own opinions during deliberations, but if you have someone who really wants to be on the jury, it’s a sign that the person might not be the best behind closed doors. Instead of hearing all the opinions and judging the case on its merits, these people are quick to make up their mind and then work to convince everyone else to side with them just so they can be “right.” Attorneys try to root out these people during jury selection.
5. Play Up Your Other Duties
Everybody has other responsibilities, but it’s worth telling the court about your other obligations. For example, maybe you can mention that you’re the only one at your company who can do your job, that your company doesn’t offer time off for jury duty, that you have young kids at home, or that you’re currently in school and jury duty would cause you to miss class. Again, everybody has places they’d rather be than jury duty, but being open and honest about your other obligations is one way to get removed from the prospective jury.
