Googling during jury selection

6,027 Views | 55 Replies | Last: 6 yr ago by TXicanMafia
Murphag
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I was on jury duty Monday in Collin County. Ended up on a 65-man panel for a murder trial. I was not picked, though, and kicked myself every morning this week when my alarm went off at 5am!
They sent us on break after the questioning so they could pick the jury. After a looong wait, the judge sat us all down and announced that she knew that "some of you have been googling the case". She went row by row and made everyone that had googled stand up and tell how much they had researched it. This added an hour. It felt like elementary school when someone did something wrong and everyone got punished for it. She made quite an example of them. 12-14 ppl ended up admitting it. The lawyers and the judge left the room for 10 minutes, then they selected the jury. I assume that means the lawyers had to change their selections.
Turns out there's mistrials happening all over the country because of jurists googling and they are considering a fine for it in the future. Anybody else run into this?

I sooo wanted to be on there! I was on a murder trial years ago and me and 2 other ppl hung the jury. The guy was innocent and they caught the real killer later.
Beer Baron
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As a general rule, when a judge tells you not to do something, it's a really good idea to not do that thing.
OnlyForNow
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Funny I never got that jury summons...
TyHolden
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OnlyForNow said:

Funny I never got that jury summons...
are you afraid of the wall being built?
OnlyForNow
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The grass is always greener.
GMM
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Murphag
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That's what was different from other juries I've been on. They did not tell us not to. Course, it's pretty much general knowledge not to talk to others about it. Some of us thought they may have purposefully not told us in order to cut the nosy ones. But then, how could they be sure someone told on them? Right before that, the bailiff came out in the hall and called in one juror by their number. So we figured he was either the guy that told or a plant
Geralt of Rivia
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S
Beer Baron said:

As a general rule, when a judge tells you not to do something, it's a really good idea to not do that thing.
agcrock2005
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Quote:

That's what was different from other juries I've been on.
WTF...are you 100 year old? I'm 35 and have never even received a jury duty letter. How do you get selected so often?

PS: They would never select me anyhow because I would say something really inappropriate in first 5 minutes so I could go to work.
94DallasAG
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agcrock2005 said:

Quote:

That's what was different from other juries I've been on.
WTF...are you 100 year old? I'm 35 and have never even received a jury duty letter. How do you get selected so often?

PS: They would never select me anyhow because I would say something really inappropriate in first 5 minutes so I could go to work.
Not when the judge throws your sorry a** in jail for contempt.
redd38
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Mur**** said:

That's what was different from other juries I've been on. They did not tell us not to. Course, it's pretty much general knowledge not to talk to others about it. Some of us thought they may have purposefully not told us in order to cut the nosy ones. But then, how could they be sure someone told on them? Right before that, the bailiff came out in the hall and called in one juror by their number. So we figured he was either the guy that told or a plant
Does the court house have free wifi?
DrZ
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Someone doesn't vote
Murphag
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agcrock2005 said:

Quote:

That's what was different from other juries I've been on.
WTF...are you 100 year old? I'm 35 and have never even received a jury duty letter. How do you get selected so often?

PS: They would never select me anyhow because I would say something really inappropriate in first 5 minutes so I could go to work.
Just lucky, I guess! Been on 2 other juries, one murder. Probably been called 5x total. Like I said, when that alarm has gone off the last 3 days, I really wished I was on it. It's like a mini-vac in some ways.
ThunderCougarFalconBird
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Jury trial lawyer here. If a judge made that sort of a scene without first instructing prospective jurors to turn off their phones or confiscating their phones when they enter the courtroom, I would probably file a grievance with the judicial ethics commission.

Taking the public's time for jury service is enough of a task as it is. Taking time to chide and harangue them over something you didn't tell them not to do is just really offensive. Not everyone that gets a jury summons has a salaried job that will give them paid time off to take abuse from some absent minded judge.
agcrock2005
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Quote:

Not when the judge throws your sorry a** in jail for contempt.
Yes, because that's very common. I wouldn't tell the judge to **** off, but it would be made clear early on that neither side wanted my crazy ass on the jury.
agcrock2005
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Quote:

Jury trial lawyer here.
So how does one go about being selected for a jury several times? I'm intrigued.
MouthBQ98
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I thought it was common knowledge and in every panel I have been a part of for voir dire, the judge gave some generic instructions NOT to seek information out about the case, unless and until we were dismissed from selection.

Only a moron would not infer that this means not searching the Internet. An unbiased jury is the right of every person who selects jury trial.
ThunderCougarFalconBird
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agcrock2005 said:

Quote:

Jury trial lawyer here.
So how does one go about being selected for a jury several times? I'm intrigued.
luck, I suppose. I've never gotten out of the harris county jury center to an actual courtroom. I presume when the attorneys got their juror list that I would be number one to strike on one side or the other's list.

Lawyers have different theories and motivations for cutting prospective jurors. Some will cut you for taking too much and others will cut you for not talking at all. Some will cut you for being a teacher or a doctor or an engineer and others will want to keep you for the exact same reason.
ThunderCougarFalconBird
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MouthBQ98 said:

Only a moron would not infer that this means not searching the Internet.
the average human has an IQ of 100. You're in for a shock at how far above that average most people you interact with on a daily basis are.
Human
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Oh look at me, I have a smart phone
Flashdiaz
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soooo.... is this a good way to not get selected?
MouthBQ98
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What you are saying is I should really be concerned about the comprehension capabilities of a jury of my "peers"?
ThunderCougarFalconBird
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MouthBQ98 said:

What you are saying is I should really be concerned about the comprehension capabilities of a jury of my "peers"?
yes. No winky face needed.
uneedastraw
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From my experiences, when they call the jury pool in, you are already ranked before you even speak. They call you into the courtroom in order. So you already have some idea of your chances of selection.

The one time I was selected, i was the 10th person in the room..::they focused on the first 8 people with questions. 5 intentionally gave answers to disqualify themselves. I was selected without answering a single question because 5 of their first 10 were eliminated by answers they gave.

My case was a guy was alleged to be masturbating in his car in the parking lot. Another GUY walked by and saw and called the cops. The guy was being charged with indecent exposure. So, yeah the questions and answers were quite humorous during jury selection.
Hagen95
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I am doubting your claim of turning in a judge for berating the jury pool. Most jury trial attorneys don't like to piss off the guy/gal on the bench for that type of stuff.
GoneGirl
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I don't ever get picked for the good ones.
agnerd
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blindey said:

MouthBQ98 said:

Only a moron would not infer that this means not searching the Internet.
the average human has an IQ of 100. You're in for a shock at how far above that average most people you interact with on a daily basis are.
That's why you request trial-by-judge if you have the law on your side, trial-by-jury if you don't.
ThunderCougarFalconBird
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uneedastraw said:

From my experiences, when they call the jury pool in, you are already ranked before you even speak. They call you into the courtroom in order. So you already have some idea of your chances of selection.
so here's how civil trial sausage is made in a nutshell for anyone curious:

for a major jury trial in Harris county (where you're looking at 2 weeks or more of trial and at least ~$10 million at stake) they'll start with a ~64 member panel. Lawyers on both sides get the juror information sheet you filled out and a numerical list of everyone. In practice, we usually have about 2 hours between when we get that list and when voir dire starts (that's where the lawyers each get 15-30 minutes to ask potential jurors questions). During those two hours, you bet your ass we are in our counsel rooms scouting social media, HCAD, and any other source of information to figure out who is who.

From there, the judge will cut anyone that really isn't fit to serve. (Hint: pretending to be racist or crazy will just piss people off and make the judge mad at you). Usually, each side gets another 6 to strike for any or no reason. Both sides make their cut lists and give them to the judge. From there, the first 14 people numerically not on either cut list and ruins their next several weeks. Most judges in my experience don't tell the alternates that they are actually alternates so that they pay attention.

After the jury is seated, both sides usually get anywhere between 15-60 minutes for opening and then witnesses get called. After all witnesses are done, both sides usually get another 30-60 minutes for closing.

At that point, the jury will usually be sent home for the day. The judge will hear directed verdicts (granted if no reasonable jury could rule in your favor based on testimony at trial) and then the lawyers and the judge put together what is called the jury charge. The jury charge is the set of questions that the jury answers to effectively determine who wins.

The jury is read the charge and sent into the jury room to come up with answers. After their verdict is read, the jurors are dismissed and the lawyers (for the first time since court dire) are allowed to talk to the jurors. The jurors are free to go and tell the lawyers to screw off if they so please at that point.
MooreTrucker
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blindey said:

MouthBQ98 said:

Only a moron would not infer that this means not searching the Internet.
the average human has an IQ of 100. You're in for a shock at how far above that average most people you interact with on a daily basis are.
It was George Carlin who said "Think of how stupid the average person is, and realize half of them are stupider than that.".
ThunderCougarFalconBird
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agnerd said:

blindey said:

MouthBQ98 said:

Only a moron would not infer that this means not searching the Internet.
the average human has an IQ of 100. You're in for a shock at how far above that average most people you interact with on a daily basis are.
That's why you request trial-by-judge if you have the law on your side, trial-by-jury if you don't.
in theory sure but due to the nature of complex commercial litigation, you're getting a jury unless you are dealing with one of the limited subject matters where they're not permitted.
ThunderCougarFalconBird
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Yeah but assumption is that he has an Ag tag and interacts mostly with other people that are educated and professional. The average person in a jury pool probably has a high school diploma and works as a night manager at a stuckeys.
Beer Baron
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Quote:

Taking the public's time for jury service is enough of a task as it is. Taking time to chide and harangue them over something you didn't tell them not to do is just really offensive.
It's not so much that I don't believe him when he says the judge didn't tell them not to research the case, it's just that I don't think it's true.
Sean Mercer
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blindey said:

Yeah but assumption is that he has an Ag tag and interacts mostly with other people that are educated and professional. The average person in a jury pool probably has a high school diploma and works as a night manager at a stuckeys.
Stuckeys????? How old are you?
MooreTrucker
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Sean Mercer said:

blindey said:

Yeah but assumption is that he has an Ag tag and interacts mostly with other people that are educated and professional. The average person in a jury pool probably has a high school diploma and works as a night manager at a stuckeys.
Stuckeys????? How old are you?
Stuckeys is still around. There's at least one on the drive from Clovis to Santa Fe.
Beer Baron
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I love Stuckey's. I often stop to eat there while driving my Oldsmobile to Montgomery Ward. Did you know this used to all be orange groves, as far as the eye can see?
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