‘Scary’ Jurors Spur Switch to Bench Trial, Highlighting Growing Problem
Some jurors have resorted to rebellion to avoid the financial hit of serving during a lengthy trial.
The Los Angeles Times gives two examples of the problem that is making it difficult for courts to find jurors in trials lasting more than a few days.
In the first case, a Los Angeles County sheriff’s deputy claimed he suffered severe emotional distress caused by suggestions that he was gay. Superior Court Judge James Dunn was ready to swear in the jury when he heard from two panel members who had sought without success to avoid service due to financial hardships, according to the Los Angeles Times account.
“He’s brave enough to go out and get shot at by anyone but he couldn’t handle this?” said one reluctant juror, a salesman who feared he would lose three weeks’ pay during the trial. Another offered his assessment of the emotional distress claim. “I think severe emotional distress is what is happening in Haiti. I don’t think you could have such severe emotional distress from that,” he said of the alleged harassment.
Other potential jurors then chimed in to express their reservations about the case. According to the story, “After three days of mounting insurrection, lawyers for both the deputy and the sergeant waived their right to a jury trial.” Gregory Smith, the lawyer for the deputy, told the newspaper that the panel was “scary” and too volatile to trust.
In a second case in a neighboring courtroom, 66 out of 107 possible jurors were excused from an asbestos trial for financial difficulties, the story says.
Jury consultants and courtroom administrators say the recession has spurred more financial difficulty claims. According to court statistics, more than a quarter of all qualified jurors were released on hardship grounds last year, the story says.