By Steve Walden, Attorney at Law
I will occasionally get a phone call or email from a friend or a former client that has a question about jury duty. These calls typically come after they get a summons in the mail stating they are required to report for jury service. Most times, they want advice on how to “get out of it.” Instead of answering that question, I always encourage them to show up and serve on a jury if asked. Next to the right to vote, I believe serving on a jury is a citizen’s most valued right because it allows each of us to actively participate in the running of our government and the administration of justice. In most jurisdictions, you will receive compensation for jury service.
Jury service typically begins when the panel, all other citizens summoned for jury service that day, report to a courtroom to determine if each person is qualified. For Florida juries, qualification means that the person is a citizen of the United States, a Florida resident, lives in the county summoned for, is not a convicted felon, and is over the age of 18. There are some exemptions for persons over 70 and for certain disabilities. The person can choose to serve on a jury instead of taking the exemption.
Before being selected as a jury member, the attorneys involved in a case conduct voir dire (which in Latin means “speak the truth”) to ensure the prospective jurors will be fair, impartial, and unbiased to make decisions on that case. The attorneys have an ability to eliminate a set number of prospective jurors for any reason other than gender or race, which are called preemptory strikes. Once those strikes are used, the attorneys can ask for the judge to remove jurors if their answers to questions show they may have a bias or will be overly partial to one of the sides of the case.
As a juror, you are instructed that you cannot consider anything about the case that is not admitted in the courtroom during trial. For instance, a jury member cannot read news articles about the case or go to the scene unless it is part of the actual trial. Sometimes, juries will be sequestered by requiring they stay together throughout the trial, including during breaks, and possibly at a hotel if there is an extraordinary amount of press that cannot be avoided.
The role of a jury member is to hear the evidence in a case and render a judgment or verdict at the conclusion of trial. The role of the judge is to decide issues of the law, to include whether certain evidence should be considered by the jury. The jury decides how much weight to give to the evidence that is admitted and whether to find witness testimony credible.
As a jury member, you could be called to hear a criminal or civil case. Criminal cases require a unanimous decision or verdict to find the defendant guilty. Civil cases do not require a unanimous vote.
If you have questions about jury service, or a case where you may request a jury trial, please reach out to a licensed attorney.
Steve Walden, Attorney at Law
The Carlson Law Firm 4700 Millenia Blvd., Ste. 500 Orlando, FL 32839
(407) 487-4700 swalden@carlsonattorneys.com