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doesn't the first admendment apply for jury duty ?

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moof Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-04 06:08 PM
Original message
doesn't the first admendment apply for jury duty ?
if you are called for jury duty are you with in your rights to claim the freedom of speech allows you to remain silent and not be compelled to answer any questions from any one, personal or otherwise from the lawyers or the judge?

Failing that does anyone have an idea of what the penalty might be for refusing to appear for the summons or refusing to participate after showing up at the appointed place and time ?

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cardlaw Donating Member (228 posts) Send PM | Profile | Ignore Thu Oct-21-04 06:12 PM
Response to Original message
1. Contempt of court.
Fine, possible jail time.
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grasswire Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-04 06:21 PM
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2. that's a very interesting question
One might say it's an invasion of your rights to be compelled to answer personal questions from representatives of the state (District Attorney's office) in this arena when in every other arena you are protected from such questioning.

Very, very interesting.

George Bush, of course, ducked the question on the jury questionnaire regarding criminal history.

The law compels you to serve jury duty when called. Does it compel you to relinquish your rights to do so?
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grasswire Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-04 06:22 PM
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3. I believe, by the way...
...that you mean your Fifth Amendment rights, not First Amendment. The Fifth is what protects you from having to incriminate yourself.
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Journeyman Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-04 06:26 PM
Response to Original message
4. My attorney has told me I can always get out of jury duty. . .
by simply asserting that I cannot be impartial in the case at hand. If you tell them this, and stick to your story, no attorney will want you on their case, since your presence is an automatic overturn on appeal.

I was in a jury pool once where, when the judge asked if anyone felt they couldn't be on the jury, a guy stood and told him "My religion forbids me from passing judgment on any man." The judge said, "Well, then, go in peace, brother."

If you don't appear for a summons, you can be arrested if the judge pushes it. Depends on the judge. If you refuse to participate, they can't hold you to it. My wife got out of jury duty by telling the judge that ever since the assault on our daughter, and the police and judicial system's subsequent failure to protect her, she has nothing but contempt for law enforcement.

Finally, the core to the first amendment is the right to remain silent, or in Sartre's famous phrase, the right to say 'No.' This was the central argument put forth by the Hollywood Ten: They argued they didn't have to answer questions about possible Communist Party affiliation, not because of any desire to avoid self-incrimination (the Fifth Amendment) but because it would violate their First Amendment rights to remain silent. History vindicated them, of course, but not before they spent a year in jail and were blacklisted from open, meaningful employment.
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