I've done two posts before (here and here) about the ethical status of "jury duty," particularly the extent to which its trolley problem-like structure allows one to justifiably shirk.

Well, I spent today in the Baton Rouge Courthouse and once again I was recused from duty during the period where the plaintiff and defendant's lawyers question potential jurors. Since it was a civil trial (no jail) I had many less qualms about the whole process, but still ended up inadvertantly saying and doing things that got me recused.

This has allowed me to begin to think about why lovers of wisdom might be in some ways systematically unsuited for serving. I don't intend to encourage people shirking their duty, though I will present my insights as a set of commands, just because they read better that way (and yes I realize how ironic all of this, given how Western philosophy begins with a trial)

  1. Be David Lewisian. At some point both lawyers will describe a certain sequence of events and ask if you would be capable of judging innocence or guilt based on that sequence. Get the lawyer to clarify where causality is involved and then tell them that you think that this is a particularly difficult case for you to determine the causal facts because the relevant counterfactuals are particularly hard to assess. Use the world "counterfactual" and talk about accessibility relations between possible worlds.
  2. Use Kahneman/Taversky! At several points the lawyers will ask you if you can fairly assess the evidence as it is.  Tell them that one of things you've found in teaching and researching "heuristic bias" (use that term) is that certain forms of  fallacious reasoning are the norm and that it would be the height of presumption for you to assume that your own epistemic processes are not similarly infected.
  3. Be Sartrean. Start by telling them Immanuel Kant wrote that we don't even know if we have a good will. Then work in the predicament of Pierre the waiter. Ask the lawyers if they think that denial of facticity/essence is a converse form of bad faith as well, and how this fits with Sartre's analysis of love.
  4. Be Socratic. The plaintiff and defense lawyer will use all sorts of philosophically interesting words such as "and," and it's your responsibility as a potential juror to get them to be as clear as possible. Do the lawyers tend towards a model-theoretic account of conjunction or do they have more proof-theoretic proclivities? Given Kahlmar's Theorem, is it not the case that (as Neil Tennant argues) the model-theoretic account is just proof-theory in sheep's clothing? And then what do the lawyers think about Prior's tonk problematic? Don't let them wave their hands at conservative extension limitations either. Someone's life is on the line here.
  5. Get surgery. Earlier in the day I overheard another juror talk about his rhinoplasty and wondering if that would get him out. The consensus was that rhinoplasty in his case was probably too elective. I also think that there's probably an Aristotelian mean between something too outpatienty and something too inpatienty. If it's too outpatienty, then it won't disrupt the courtroom too much, and they very well might allow it to proceed during the trial. If it's too inpatienty, the lawyers will probably consider you a "captive audience." The sweet spot is probably something like gall bladder surgery performed laproscopically. To be absolutely clear, there's nothing in the Louisiana civil or criminal codes preventing laproscopic surgery in the courtroom, but each lawyer is allowed discretionary dismissals. Once they start pumping nitrogen into your organ cavity and get that camera in there it's a very good chance that you will be recused.
  6. Build a time machine. Every time you get the jury summons, go back in time until just before you had been randomly selected. If the universe is genuinely indeterministic, then you should get lucky. If the butterfly effect ends up leading to some form of global collapse, just go back in time again to a different point. Leibniz and Stephen King notwithstanding, there are probably lots of non-actual possible futures that are just as good as this one. If there aren't, then that's probably worth finding out anyhow.
  7. Summon Elder Gods. If you manage to open up an interdimensional portal of the right sort, the courthouse will be digested by gigantic, squidlike, indescribable destroyers of worlds. Voila! No jury duty.

I'm sure I'm missing some, but these seem to be fairly exhaustive with respect to my experiences these past few years

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6 responses to “Some strategies for getting out of jury duty”

  1. Alan White Avatar
    Alan White

    Volunteer for your state’s version of the Wisconsin Supreme Court’s Office of Lawyer Regulation, as I have done. Since many lawyers and prosecutors come before such committees, you will be excused from jury duty toots-sweet.

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  2. Nolan Avatar
    Nolan

    For criminal cases, “I am a proponent of jury nullification would surely educate my fellow jurors about jury nullification.”

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  3. Jonathan Birch Avatar

    I served on a jury in 2012, in a fairly nasty criminal trial. There is no ‘questioning of potential jurors’ in the UK system, so I didn’t get a chance to talk myself out of it. But I would do it again if called upon. I think philosophers have a lot to contribute to the process, not necessarily as philosophers, but as intelligent people with training in how to evaluate arguments and evidence critically. If people who have those skills all decide to ‘shirk’, the job will be left to people without those skills.

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  4. cameron Avatar
    cameron

    When I was younger and I was called for jury duty, the lawyers or judge would always ask me about my education during the voir dire process. In recent years they seem more interested in my career. Since I don’t work in academia, the question of my academic degrees doesn’t come up. Hence I don’t get automatically recused any more. I had noticed the first few times I was called for jury duty the way the lawyers reacted to the news of my background in mathematics and philosophy. I think lawyers often get recused as a matter of course as well . . .

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  5. Matt Avatar

    I have more sympathy with your view on criminal trials, though I’m far from certain there, too, but think you’re doing a disservice trying to get out of a civil trial unless you have very seriously pressing other duties (not just that it would be inconvenient.) Juries are often made up of people whose reasoning skills are not as sharp as they might be. That’s to say, fairly typical people. Having people on the jury with more practiced reasoning skills can be a huge help, and can help reach a more just outcome. By shirking here, you’re contributing to less just outcomes. Now, maybe you think the whole idea of jury trials is so bad and hopeless that you have no obligation at all. That might be a defensible position, but it’s not the one you seem to be presenting. Given that, I think you’re doing something wrong if you really pull any of these stunts. This doesn’t mean you have to lie. But, unless this is what you’d do in day to day cases (and if you do, do you have any friends?) I think you’re doing a serious disservice, free-riding, and otherwise promoting less just outcomes. Few people like jury service, but really, I think you should just suck it up.

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  6. Jamie Dreier Avatar

    I’ve been on jury duty three times (besides one stint on a grand jury), but never survived voir dire. I do not try to get challenged but I always am.
    One time the prosecutor asked, “So you are a college professor?”
    Me: Yes.
    Pro: And you have a lot of college students in your class.
    Me: Yes.
    Pro: A lot of young people under your supervision.
    Me: Yes.
    Pro: Young men and women?
    Me: [pause, discomfort] You’re making it sound seedy.
    Pro: I’ll challenge this one, your honor.
    Another time I explained to the judge that there is no such word as “pre-emptory”, and that the word he was groping for was “peremptory”. (This will not surprise my friends.) I can report that this is an excellent way to stay off a jury.

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