Vermont man dismissed from jury duty for wearing prisoner costume


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Lowe says the judge told him he could've been found in contempt of court. That could've meant a fine or jail time.

Lowe says the juror instructions don't restrict clothing, but that he's happy to be released because of his work schedule and family obligations.

Source

 

The above 2 statements would seem to contradict each other.  How can the judge find him in contempt if there are no instructions regarding acceptable clothing?  Last time I checked, ignoring common sense or attempting satirical humour wasn't actually illegal.

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The above 2 statements would seem to contradict each other. How can the judge find him in contempt if there are no instructions regarding acceptable clothing?

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Though juror conduct standards vary from one district court to another based on what each Chief Judge sets as his courts rules, most all Michigan courts have an "appropriate attire" or "business casual" dress code.

It's not a standard that's read to each jury on arrival but it is in the info packet you get when the appearance letter comes and is posted online.

The call is made by the trial court judge, and many are real sticklers about everyones appearance and demeanor in their court room.

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It's not a standard that's read to each jury on arrical but it is in the info packet you get when the appearance letter comes.

 

I refer you back to the OP.

 

Lowe says the juror instructions don't restrict clothing

 

So, apparently not...

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And its still a judgement call by the trial judge under the general conduct rules, which are always a factor. It would likely be considered disruptive. Very much a no-no.

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And its still a judgement call by the trial judge under the general conduct rules, which are always a factor. It would likely be considered disruptive. Very much a no-no.

 

Oh sure, in general I'd agree with you. It's definitely a stupid thing to do, but if there's no actual dress code in the jurors instructions, then technically he's broken no rules that he could be prosecuted for.

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Anything that violates the general court conduct rules can being an instantaneous contempt ruling, and the hammer comes down fast.

Don't mess with US judges or magistrates, even in traffic or ordinance courts.

I've seen prosecutors, defense attorneys, observers, witnesses etc. go straight to a cell from the court room by running afoul of the trial judge. They have a very broad discretion and use it.

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What's with the jury duty in the US may I ask? Is it a "must" for everyone or...?

Any adult who is not excused (jurors request) or disqualified for some reason; physical or mental health; disability; dementia; legal status or some other viable excuse, can be called for jury duty and you must appear. Once in the general Jury Pool you can be assigned to a jury, and in each case there is a process (voir dire) for vetting each juror for prejudices, conflicts of interest etc. The defense and prosecutor also have some number of jurors they can dismiss for no reason, known as a peremptory challenge.

There are federal and state jury systems, with each state having its own rules. There are also two types of juries: petite and grand. Generally, a petite jury is a trial jury and a grand jury investigates and recommends charges, if any.

In some states a grand jury is a judicial panel, and in others it is a citizens panel operating under the guidance (but definitely NOT under the control) of the county or state prosecuting attorney. In some states like Michigan they can be either. In Michigan we also have a one-man grand jury, a single judge, usually created for special cases such as investigating govt. or court corruption.

Once in a trial juries are quite powerful and can actually nullify charges regardless of the evidence. This jury nullification is a check on government or prosecutorial overreach. In a capital punishment case it's the jury that authorizes a death sentence, not the judge, and the decision must be unanimous.

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Any adult who is not excused (jurors request) or disqualified for some reason; physical or mental health; disability; dementia; legal status or some other viable excuse, can be called for jury duty and you must appear. Once in the general Jury Pool you can be assigned to a jury, and in each case there is a process (voir dire) for vetting each juror for prejudices, conflicts of interest etc. The defense and prosecutor also have some number of jurors they can dismiss for no reason, known as a peremptory challenge.

There are federal and state jury systems, with each state having its own rules. There are also two types of juries: petite and grand. Generally, a petite jury is a trial jury and a grand jury investigates and recommends charges, if any.

In some states a grand jury is a judicial panel, and in others it is a citizens panel operating under the guidance (but definitely NOT under the control) of the county or state prosecuting attorney. In some states like Michigan they can be either. In Michigan we also have a one-man grand jury, a single judge, usually created for special cases such as investigating govt. or court corruption.

Once in a trial juries are quite powerful and can actually nullify charges regardless of the evidence. This jury nullification is a check on government or prosecutorial overreach. In a capital punishment case it's the jury that authorizes a death sentence, not the judge, and the decision must be unanimous.

 

That sounds kinda...fishy to be honest.

 

I mean sure, in thought it's a good idea but in practice that cant work out every time, right? Bribes, imidation etc.

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Not worth the risk as tampering with a jury is a very serious felony, especially at the Federal level - up to 20 years and if more than one person is involved they could tack on conspiracy charges. No wrist slap.

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Comon sense would suggest that you can't wear a prisoner outfit to jury duty period.

Should've locked him up for the weekend. How funny would his attention seeking be then.

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Comon sense would suggest that you can't wear a prisoner outfit to jury duty period.

Should've locked him up for the weekend. How funny would his attention seeking be then.

He most likely did it deliberately to avoid Jury Duty,

and when confronted against legal-powered common sense (like what the judge doing),

he answered with the authoritative legal text (which may or may not common sense compliant).

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Most judges I know would blow a friggin' gasket if a juror pulled that stunt. As in turn red with their forehead veins throbbing.

 

Why do you know so many judges?

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Lucky b*stard, smart too. Wish i'd thought if this when i did mine in 1997, the most boring two weeks of my life. Luckily there was a "lack of crime" and we got let off 4 days early on full pay.


Comon sense would suggest that you can't wear a prisoner outfit to jury duty period.

Should've locked him up for the weekend. How funny would his attention seeking be then.

 

I'd take a weekend in jail over two weeks on jury duty again.

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Why do you know so many judges?

Family friends, neighbors, relatives (3 are lawyers who served as judges at one time), and I've been a juror several times. In a city of 50k we have 6 just in the local district court, and 2 live in our sub. It's really not that unusual since many US judges, and almost all in Michigan, are elected and you meet them during campaigns.

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When summoned for jury duty, I called, told them I was Training Officer for the State Dept. of Correction, and would feel very uncomfortable sitting on a jury for cases which may involve inmates I had known from the jails/prisons in the state.

 

The head of the jury selection committee said "Nice try"

 

I asked what would happen if I showed up in my DOC uniform. He replied "Good one", and I never heard from them again.

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