Jury Selection in Shelby County, Tennessee
Moving from the Jury Pool to the Courtroom
Shelby County courts include civil and criminal courts. The civil courts consist of Circuit Court, Chancery Court, and Probate Court. Jurors are not likely to be sequestered for a civil case, but that possibility does exist for criminal cases. Mr. Carson, Chairman of the Office of Jury Commission for Shelby County, advises jurors that to avoid sequestration, they must give “a legitimate reason, and ‘I don’t want to’ is not a legitimate reason!”
Jury Selection
Jurors are initially summoned to participate in the jury pool. Jurors in the pool are then randomly selected to appear in various courtrooms for the voir dire examination, which is the process used by the judge and attorneys to select the jurors to sit for a specific trial. About 20 to 30 jurors will be called, but most will be dismissed, since juries require only 12 jurors plus one to two alternates.
Voir dire is an Anglo-French term with an archaic meaning of “to speak the truth.” Voir dire is when specific questions - sometimes quite personal will be asked of jurors to ascertain any prejudices or bias that may exist to disqualify them. It is also when peremptory challenges (three each for the prosecution and defense) may occur.
Peremptory challenges allow attorneys and prosecutors to eliminate prospective jurors from a case without any reason (though the prosecution or defense most assuredly do have their own reasons). If this occurs, a juror will be sent back to the juror pool.
Voir dire can be an interesting process, as the tug-of-war between defense and prosecution may already be very apparent. The questions that are asked are often obvious, but some may be more obscure. Jurors are encouraged to cooperate and not “take it personally” if they are dismissed from the jury.
Serving on a Trial
Once selected to serve as a juror on a trial, jurors will follow the directions of the judge presiding over the case. Jurors will report directly each day to the appropriate courtroom. The average court case in Shelby County takes three to four days to try, though some trials may be much longer. Duty starts at 9:30 a.m. with a 1 to 1 and 1/2 hour lunch break, and usually finishes between 4:30 and 5:30 pm.
No weapons or potential weapons of any kind are allowed in government buildings, and smoking is also not allowed. Cell phones must remain off in court, otherwise they will be confiscated. If a juror’s job requires a pager, the judge may allow it.
Jurors who do not respond to their subpoena to serve jury duty or who arrive late to a trial after having been selected for a jury may be found in contempt of court. Tennessee state law allows a sentence of up to 10 days and a fine of $50 for jurors in contempt of court.
Though jury duty in Shelby County usually lasts longer than one day, jurors are then off the hook for ten years. Most jurors called for jury selection will be dismissed. Mr. Carson entreats jurors who are selected, “please be the type of juror you would want hearing your case.”
Justice
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