Jury questionnaire : I might be getting a contempt of court charge

[level.eleven]

What the devil?

How is voire dire and enforcing the Sixth Amendment "suspending" the Constitution?

I'm not the one who said your 4th amendment protections were waived during the process. Ask the other guy.

 

[SemperFiUSMC]

I'm done with this thread. Seriously, Some of you. Civics or government class. Now. Before you have kids preferably. But soon regardless.

 

[Kirk Freeman]

What's the Fourth Amendment got to do with voire dire?

 

[level.eleven]

What's the Fourth Amendment got to do with voire dire?

He won't answer, he said he's done.

 

[level.eleven]

What's the Fourth Amendment got to do with voire dire?

I think the issue is simply that people think some of the questions on the form aren't anyone's business. Most people around here, just a broad brush, aren't too keen on divulging this type of data to be keyed into a database somewhere. Religion, private organizations, the configuration of my firearm's storage system, etc. are all data points that belong to me and those I authorize to release them. Isn't the problem here the idea that perhaps government and its law making cohorts have created way to much "law", code, etc. ? Force, fraud, coercion, theft.

 

[theweakerbrother]

You might well also be found in contempt.

Yeah, cause judges like when people do stuff like that. They invite you over to their house. Oh, no they don't. They send you straight to jail until your quippy little saying rots off your shirt. Don't believe it? I've seen it done.

You guys need to read better. Or maybe I need to write better. I said show up wearing an inflammatory shirt with a seemingly fringe group.

That could be a range of things from PETA, NRA, INGO, your favorite branch of armed forces, gay pride shirt or local church group.

How could a judge hold you in contempt for wearing a t-shirt of any of those groups? I can't wait to have my t-shirt "rot in a jail cell" for wearing a t-shirt that different groups of people on a jury selection panel would find offensive.

 

[Kirk Freeman]

Fourth Amendment? So, the OP is upset with being searched when going into the courthouse?

I'm sorry, I'm just really confused over what everyone is upset with.

In order to get to an impartial jury, when we do not have the Jedi Powers of the Indiana Court of Appeals, we have to ask questions. In order to ask relevant questions, we have to know some base level of information about the potential jurors.

We do this in order to defend the Sixth Amendment. In order to have a fair trial with a fair and impartial jury it is necessary to descend from Mount Highhorse and speak the truth. It is very well the damn business of the parties involved.

I'm confused by this hostility to the Bill of Rights.

If you are embarrassed by the answer, ask to do it outside the presence of the other potential jurors. If you do not understand the question, ask the attorney to re-phrase it.

Your questionnaire is forgotten as soon as we hand it in. The Indiana Supreme Court has mandated that it is destroyed within two years and there is no central record of your questionnaire, outside of the secret list that Haliburton maintains as directed by Dick Cheney from his black helicopter.

 

[sj kahr k40]

What's the Fourth Amendment got to do with voire dire?

Maybe you should explain the voire dire process for those that are less informed

 

[Blackhawk2001]

I've been called to Jury Duty twice (both times in Houston, TX) The first time was for a traffic accident trial; the second was a similar trial to determine damages. The plaintiff was (I kid you not) a classic "Used Car Salesman" in a western suit, pot belly and string tie. The defendants were a young teenager and a mexican bread truck salesman who looked like he didn't have a penny to his name. After the pre-selection synopsis of the case was given to us, the Judge asked if anyone had any prejudgment or bias' that would interfere with the trial. I raised my hand and gave my reason(s) to the Judge and attorneys at the bench and was released. No fuss, no bother. No complaints. No paranoia.

 

[public servant]

Fill it out with a Crayon, write really big, and misspell all your words.

That won't work...they will think Ranger sent it.

 

[Hiram2005]

I've gotten questionaires from Hamilton county a couple times. No questions about guns on those. Called up one time and the job I had at the time got me an exception.

Then comes a summons for Federal jury in Indy. No pre-questionaire, just show up. I go, about 50 people called. 40 show up, phone calls made to the ones that didn't with instructions to be there by noon or else.

We were told the case was a convicted felon in possession of a firearm along with breaking and entering and criminal confinement.
I think, oh boy, I'm off this jury as soon as I answer my questions from the judge.

Here's some of the questions. Anyone own guns? Anyone have a LTCH? Anyone have or ever had an FFL? Anyone ever use a gun in self defense? Anyone personal friends with LE? Anyone have relatives in LE? Anyone a member of the NRA? Anyone ever a victim of violent crime or a family member a victim of violent crime?
These are all ones I answered affirmative to.

Jury selection begins, I am number 11 seated on the jury. Defense had no objections to me.

Of the other 11 jurors and alternates, I was the only one who had ANY knowledge of firearms on that jury. And several questions came up in our deliberations that if I had not been there to answer those questions, the defendant would likely have walked.

As it was he was convicted (3rd time) and received 40 years.

My first and so far only time on a jury. And I am glad I served and would gladly do it again.

 

[Bill of Rights]

Kirk,

The problem is that this is a form that was mailed to me. I can't exactly look at the judge and ask to answer the questions in closed chambers. Most of the questions I would answer for the Judge and the Attorneys choosing the jury, but I have a slight problem with them compiling information about me into a list for the governments use.




Furthermore I may be Anti-BIG-Government but I am not Anti-Government, and I am not hiding from jury duty. I have absolutely no problems fulfilling my civic duty to serve on a jury, but this questionnaire is bull****.

I am not a lawyer. I don't play one on TV. I didn't sleep at a Holiday Inn Express last night, and this is not legal advice.

The above said, I think I would write, "I wil be happy too answer the enclosed questionair in person, but, I invoke my right's to privacy insofar as doing it in writing, pryor to the selection proscess ('vore dyer', I think?). I looking forward to serving."

Yes, all spelling, grammatical, and punctuation errors are intentional. Sometimes it serves our purposes to seem less intelligent than we truly are.

As to a jury, I've done it before and I would be most honored to serve again.

Blessings,
Bill

 

[Timjoebillybob]

I received that one time, went in the circular file. I got called in for jury duty not long after and they never mentioned the survey. I wasn't selected however, as I made it a point to let them know I practiced jury nullification.

Why would you make it a point to let them know? If you let them know you won't have a chance to practice nullification, just support the idea of it.

A practice which should not preclude you from serving, since it is enshrined in the Indiana Constitution. It's not just a right, here. It's an obligation.

Yes it is. It is also a right according to USSC. Unfortunately I'm pretty sure according to them, that although it is a right, a jury does not have to be informed of that, and the judge can prohibit them from being informed. Does anyone know of any case law regarding it in IN?

"Prying"? "None of your business"? What has you so wrapped around the axle, home?

homeless, if you were on trial wouldn't you want to inquire as the backgrounds of potential jurors? Is this not the purpose of voire dire to speak the truth so the parties know where you are coming from?

Is not having a fair and impartial jury free of bias toward or against the defendant the point of the Sixth Amendment?

You cite the Fourth Amendment, but how is it unreasonable to ask questions to ensure a fair trial? If you were on trial, would you not want to ask questions?

Why is it that those with anti-government stances always run and hide from jury duty? One would think they would be first in line to serve?

Oh, well, a girl can dream.

Kirk I think some of the problem is with us laymen understanding exactly how this questionnaire is put together and the use of it. See my post below.

Your questionnaire is forgotten as soon as we hand it in. The Indiana Supreme Court has mandated that it is destroyed within two years and there is no central record of your questionnaire, outside of the secret list that Haliburton maintains as directed by Dick Cheney from his black helicopter.

Kirk, I have a question for you (or any other attorneys here). Does a questionnaire such as the one the OP received get reviewed by both the prosecuting and defense attorneys? Or by the court? Also is it a "standard" form or do the attorneys get to pick what questions that are on it?

If it is just the court that decides the questions and uses it to put together the jury pool I would have one hell of a problem with it. If it is used by both sides with questions that are acceptable by both of them, then not so much.

Although imo voir dire should be limited, such as do you know the defendant or alleged victim, do you know the prosecuting or defense attorney? Do you have any prejudices that would prevent you from fairly trying this case. Do you have any prior knowledge of this case. Not too much more than that. IMO voir dire is used to "pretry" the case, it doesn't matter so much whether your guilty or innocent, just who is better at stacking the jury.

 

[j706]

FIFY

Judges don't like to be screwed with, and they have a wide range of extrajudicial remedies at their disposal. They can send the Sheriff out to your home, whisk you away, and lock you up for weeks or months. I would suggest not screwing with them.

Good sound advice.

 

[j706]

I've gotten questionaires from Hamilton county a couple times. No questions about guns on those. Called up one time and the job I had at the time got me an exception.

Then comes a summons for Federal jury in Indy. No pre-questionaire, just show up. I go, about 50 people called. 40 show up, phone calls made to the ones that didn't with instructions to be there by noon or else.

We were told the case was a convicted felon in possession of a firearm along with breaking and entering and criminal confinement.
I think, oh boy, I'm off this jury as soon as I answer my questions from the judge.

Here's some of the questions. Anyone own guns? Anyone have a LTCH? Anyone have or ever had an FFL? Anyone ever use a gun in self defense? Anyone personal friends with LE? Anyone have relatives in LE? Anyone a member of the NRA? Anyone ever a victim of violent crime or a family member a victim of violent crime?
These are all ones I answered affirmative to.

Jury selection begins, I am number 11 seated on the jury. Defense had no objections to me.

Of the other 11 jurors and alternates, I was the only one who had ANY knowledge of firearms on that jury. And several questions came up in our deliberations that if I had not been there to answer those questions, the defendant would likely have walked.

As it was he was convicted (3rd time) and received 40 years.

My first and so far only time on a jury. And I am glad I served and would gladly do it again.

Good job man...good job!!!

 

[Libertarian01]

To All,

I have to agree w/ most of what Kirk has said 100%.

There is no government database regarding information given by jurors, so while the fear of this may be reasonable it is unreasonable once we understand that no such collection exists.

The only people who give a bugs butt about the info are the attorneys. They will use this information only so far as they need to either prosecute their case or defend their client.

There have been ssssooooo many posts on these boards about the use of lethal force in a self defense situation. For thoughts sake let's consider the horrible possibility that you have been arrested and accused of murder and your defense is "self defense."

Who would you want on your jury?

Think about this. Really think about what kinds of questions you could ask to find people who would be understanding of the concept of exorcising your Article 1 Section 32 rights?

Now, put the shoe on the other foot. Who would the prosecution want to exclude? What questions would she ask if wanting to avoid people that are pro vigilante (in her opinion)?

Think of it this way: As a juror you will have tremendous power of life and potentially death over a person. Even in a civil trial you could harm a person. In a civil trial you could potentially harm hundreds of people with your decision. You could put an entire company out of business. It is the defendant who is truly being dissected and having their personal life spread out for all to see.

It is not unreasonable to scrutinize those doing the judging.

Kind Regards,

Doug

PS - If you think jury duty questionnaire is bad try going through a deposition! I just went through mine from an auto accident 2 1/2 years ago and the defense attorney is allowed to ask me ANYTHING! And I do mean anything! And I was the one who was hit by the drunk. But, they have a right to a good defense and that means he has a right to find out if I am lying about anything. Just goes w/ the territory.

 

[E5RANGER375]

That won't work...they will think Ranger sent it.

i use magic markers buddy

 

[Kirk Freeman]

Kirk, I have a question for you (or any other attorneys here). Does a questionnaire such as the one the OP received get reviewed by both the prosecuting and defense attorneys?

Yes.

Or by the court?

Yes and by the Haliburton Central Data Processing Center in Texas.

Also is it a "standard" form or do the attorneys get to pick what questions that are on it?

Standard questions and then the attorneys follow up with their own questions.

In state courts the attorneys are usually given more room for voire dire after the standard questions by the judge (know any of the witnesses, parties, attorneys? inter alia). In federal court voire dire is directed by the judge (mostly).

 

[femurphy77]

Last time I got one of those letters, in the part labeled "reasons you feel you shouldn't have to serve", my response was that I know many, many people that have never been called up. I have served multiple times and feel I have done my duty, let somebody else pick up the slack.

I haven't heard from them in 10 years.

Back to OP, if the judge gets wind of your response he will jack with you because he can!! Too bad, so sad, respect his authoritah!!!

 

[Rooster Cogburn]

Now here is one; If my profession was a car thief what would I put down? Answering the question would be self incrimination and I would be protected by the 5th amendment. Since I am not a criminal by occupation I have to lay out the details of my life. QUE the statists with the "If you have nothing to hide just fill out the form"

Automobile acquisitions...