Jury Duty - questions on being chosen or not and if a juror leaves during a trial.

Worztron

Hi.

Are 100 folk brought in, then 12 are picked and if not picked then that's the end of it [except for any extra picks due to the prosecutor/defender not liking some of the original 12 picked]?

Also, what happens if a juror leaves during a trial - sickness/death, etc. Do they continue with 11 jurors or is someone else added?

Thanks.

Victor

If it doesn't work out for the first trial, you will be asked to stay until all the juries for trials starting that day are filled. Your summons may require you to attend on more than one day.

If a juror is no longer available, the judge will have to decide. If they are only unavailable for a few days, the trial might be paused. If there is no prospect of them returning soon, the judge may decide to proceed with 11. I think they can also proceed on 10, but not fewer. Judges will normally ask people if they have any problems being on the jury for the expected duration of the trial.

If I'm correct, there was some long-running trial in the last few years that had spare jurors.

Bishop of hope

I did jury duty some years ago in longford. It lasted 3 days. On day 2 one of my fellow jurors suffered a seizure and the ambulance service brought him off. We were adjourned for about 3hrs while legal discussions took place after that, and it was decided to continue with 11 jurors. Anyway we finished up on day 3 when the accused changed his plea to guilty and we were then dismissed and we didn't have a decision to make.

coylemj

I was on a jury where one of the jurors failed to show up on the second day of the trial. The court staff did all they could to track him down and they ended up getting a lame excuse.

As with the previous post, the judge decided to continue with just the eleven of us. I think the determining factor in his decision was probably the expected duration of the trial e.g. if a trial was expected to last several weeks and they lost a juror after one or two days, the judge may decide it was too risky to carry on, abandon the trial and start with a new jury.

The minimum number of jurors required for a guilty verdict is ten so if you lose one, you can only afford one holdout i.e. two jurors will be able to deadlock the case. Lose two jurors and you will need a unanimous verdict.

I'm not sure if many trials are allowed to proceed with just ten. The problem is that it hands each and every juror a veto on a verdict. Interpersonal relations could come to the fore and push the facts of the case to the background.

Worztron

https://www.boards.ie/discussion/comment/123179635#Comment_123179635

"If it doesn't work out for the first trial, you will be asked to stay until all the juries for trials starting that day are filled. Your summons may require you to attend on more than one day."

Hi Victor. So do you mean that I am more likely than not to have to serve on a trial?

https://www.boards.ie/discussion/2058396873/jury-duty-questions-on-being-chosen-or-not-and-if-a-juror-leaves-during-a-trial

Usually, you have to attend for a few days in a row, as you may be picked for other trials. More details here:

https://www.courts.ie/what-happens-day-i-go-court#:~:text=Jurors%20are%20selected&text=The%20Court%20Registrar%20selects%20names,are%20required%20for%20a%20trial.

As far as I know, the jurors are picked and sworn in, and then a number of "alternates" are also picked who watch the trial, and are available to step in as substitutes if another juror falls ill or has to leave.

coylemj

How long you will be on the panel and the probability of getting on a jury are variables that nobody can quantify. It's all down to the pipeline of jury trials and how many people they have called for jury service.

Even the number of juries they need can't be precisely quantified on the morning of the court sitting because an accused can be in the court for the empanelling of a jury and all of a sudden he can change his plea to guilty. That's one less jury they need. On a given day, prosecution and/or defence counsel may be less aggressive than usual in rejecting prospective jurors. That will reduce the number of rejects and increase the probability that a lot of people on the panel will not be called up.

great taste lots of sugar

We don’t have jury “duty” in in Ireland so you’ve nothing to worry about.

plodder

If a juror leaves during a trial, I would say the trial has to be abandoned, or can it be postponed/delayed? But, it definitely can't continue with only 11 jurors. This is why a fairly accurate estimate of the duration is given beforehand and excuses like, needing to go on holiday or whatever, wouldn't be entertained.

Bishop of hope

https://www.boards.ie/discussion/comment/123216727#Comment_123216727

You obviously didn't read the thread.

plodder

https://www.boards.ie/discussion/comment/123216750#Comment_123216750

Correct 😁

Worztron

A belated thanks, guys. 👍🏻