Jury Duty

Major criminal trials are often decided by juries. A jury is a group of 12 individuals that reside in the same jurisdiction as the court. 

Juries have been around for centuries.  The difficulty in today's world is that jury duty can be an inconvenient and very costly job to have.  A Toronto radio station recently aired a listener's opinion that: "When you go to court, your fate is decided by 12 men and women who weren't smart enough to get out of jury duty."

The law says that you may be called to jury duty. Some people are exempt, including doctors, some politicians and most people in jobs relating to law and enforcement.  If you are summoned to jury duty, you have to attend.

Some people try to get out of jury duty.  Here?s why:

You don?t get paid for the first 10 days of jury duty. You get paid $40 per day after that, up to the 49 day, then you get $100 per day after that.  Who can afford that, except people that do not have a job?

Your employer has to allow you the time off for jury duty.  Unfortunately for you, the employer does not have to pay you for when you?re gone.  Some employers do pay, but it?s  voluntarily.

It?s no surprise then that people want out of jury duty.  There are some valid reasons to be excused.  There are a lot more reasons that are not valid.  It?s very hard to get out of jury duty.

If you would suffer ?serious hardships or loss? as a result of jury duty, you may be excused.  This reason is often used to excuse people that run their own business as a one-person show.  It can also apply to a person that is the sole source of income for a family. In other words, if your business could not operate without you there, or your family would miss a mortgage payment because you are on jury duty, you might be excused.

Whatever your reason may be, it is up to the judge to excuse you.  If the judge accepts that you have a valid reason, you may be excused or deferred (which means that you may be called again in the next year or so.)  If the judge does not accept your reason, you have no choice but to attend.

Even if you are not excused, the lawyers in the case may decide that they do not want you.  Lawyers are allowed a certain number of jurors that they can dismiss for any reason.  Lawyers know a limited amount of information about you, including your occupation. 

For example, a defence lawyer defending a man charged with robbery would not want a bank teller or convenience shop owner on the jury.  These people, because of their jobs, are particularly sensitive to robbery and might be more inclined to convict someone.

The bottom line: jury duty is one of the obligations of being a citizen in a free and democratic society.  If you can do it, you will likely find the process enlightening and rewarding.  If it?s too great a hardship, I hope that you will be excused.