Am I eligible to be exempt from Jury Duty?

L[Deactivated] on 21/11/2018 - 18:39
Last edited 21/11/2018 - 18:47

I've been called for jury duty which I don't mind and actually sounds fun but the dates are a bit of a pain since trains aren't running that month. I know it seems like a small excuse but it's going to take me about 2-3 hours to get there and another 2-3 hours back, I'm a few km short of the exclusion distance. Also, I've applied for some Christmas casual positions (december january), I have no idea how long this is going to take and I don't want to be a pain to my employer if I get a position. I noticed on the back there is a box to be excluded and it has casual worker, would this apply to me?

Should I just suck it up and reject any offers I may get? I might be able to do January but not later because I'm studying abroad leaving feb.

Thanks in advance

General Discussion

Comments

  • Ocker on 21/11/2018 - 18:43
    +4

    Explain your personal circumstances, and if as stated, I am sure you will be excused.

  • EightImmortals on 21/11/2018 - 18:57
    +2

    "..trains aren't running that month."

    Which third-world country do you live in?

    • CyberMurning on 21/11/2018 - 18:59
      +10

      welcome to australia, mate

    • [Deactivated] on 21/11/2018 - 19:30

      well for 3 weeks to be exact but over the period of the Jury duty, hardly new either unfortunately haha

    • cassidy02 on 22/11/2018 - 09:07

      South East Melb, I'm guessing, like me…December will be stuck good in traffic all month

  • CyberMurning on 21/11/2018 - 18:59

    gee i dont mind paying to get called for jury duty.
    waiting day and night never get one. doh.

    • Donaldhump on 21/11/2018 - 21:20
      +6

      You say that until you do one that is disturbing, and it stays with you for life

    • BargainShopaholic on 22/11/2018 - 18:51

      I thought the same… until I got more than what I wished for :(

      I’ve been scared of ghosts ever since mine :(

  • roastchook on 21/11/2018 - 19:00
    +2

    You should be fine. You won't drop off their list tho. If you are excused, which you will be, expect another letter in 4-6 months.

  • stratbargain on 21/11/2018 - 19:07

    Yeah from memory can't you just get it deferred?

    • [Deactivated] on 21/11/2018 - 19:32

      I've gotten it deferred once already since it was during exams but not sure if current conditions are sufficient.

  • robbyjones on 21/11/2018 - 19:13

    You can apply for exemption online. I was exempted twice but went the third time. I was called up about 6 weeks after the exemptions. If you don't already have a casual job you won't be excused. Lack of transport is the more likely but you will have to provide proof.

    • [Deactivated] on 21/11/2018 - 21:26

      yeah I don't have a casual job but I'm wondering if having a casual job makes you exempt because it's a box on the back of the form. I'm trying to work out whether I should take up a casual job knowing I might not be there during peak season since I feel this is unethical. But if I can be exempt if I get a position, then I would like to get some work.

  • oscargamer on 21/11/2018 - 19:22

    Don't apply to be exempt. Just turn up and express extreme views in that "Everyone that is charged is guilty". or "All (insert colour of defendant) people are crooks." "Of course s/he's guilty, why else are we all here."
    You will be excused fairly quickly. I guarantee it.

    • Tech5 on 21/11/2018 - 19:58
      -1

      And that is a complete waste of tax payers money. Additionally, juries can also be held in contempt and fined for wasting time or acting against direction

      • oscargamer on 21/11/2018 - 21:23
        -3

        Wow…..

        It is not a waste of any money. The number of potential jurors is always more than the number chosen. So the same number of potential jurors will be dismissed regardless…..

        And contempt (re: jurors) applies to jurors NOT potential jurors and that hilarious comment about 'acting against direction' is a gutbuster

        You are talking absolute complete and utter nonsense.

        • Tech5 on 21/11/2018 - 21:27
          -1

          Acting against direction is a gutbuster? Really?
          https://www.abc.net.au/news/2016-06-22/jurors-fined-for-cont…
          Quoting Justice Sam Doyle specifically "express direction." Straight from the horses mouth. Two jurors each fined $3000 for contempt, with judge describing the offence as serious, particularly due to express direction to do the opposite of what they did.

          Additionally, did you specify whether these extreme views are to be expressed before or after jury selection? No you did not. If OP took your advice and did so after selection, that is definitely a waste of court time and money. So don't add stuff on to what you have said in an attempt to refute someone elses argument.

          • EightImmortals on 22/11/2018 - 08:57

            @Tech5: Hmm, that's interesting given the supposed role of 'trial by peers'. Sounds like trial by judge to me? And what if the jurors invoked jury nullification? Wold they also be fined?

      • singlemalt72 on 22/11/2018 - 07:27
        +1

        Additionally, juries can also be held in contempt

        The idea is to express views during the selection process, at this stage you are not a juror and will likely not become one. I was at a selection once where a guy said he was a freeman of the land and was excused immediately!

        If you don't know what that is you can Google, but it will be a painful experience….

        • EightImmortals on 22/11/2018 - 09:13

          Yeah, people who believe in freedom and democracy and challenge authority/tyranny are such a PITA.

    • [Deactivated] on 21/11/2018 - 21:49

      I did jury duty and never got asked a question before or during selection. They just made me walk from the audience type area of the court, said an occupation and maybe a suburb and that was all. It was a violent assault case so women were getting rejected straight away. When I was called I knew from the pattern I was a cert.

    • 2ndeffort on 22/11/2018 - 12:52

      You dont get a chance to express those views. I did Jury duty 2 years ago and once you are called to a trial it is the Defence lawyer that gets a chance to have some of the Jurors rejected. The case i was involved in covered child abuse so any teachers were vetoed by the Defence Lawyer. Anyone else that thought they should be excused could write a confidential note that was handed to the judge for consideration. The judge then called each applicant up independently in front of the room and decided if their excuse was suitable or not. In my case i knew one of the court officials, the judge thanked me for making him aware but told me it did not represent a conflict of interest. It would be a ballsy move and potentially get u in a lot of trouble to try and BS the judge to try and get out of duty, trust me, the judges have seen this all before and will see through you in a heartbeat.

  • fossilfuel on 21/11/2018 - 19:34

    Going to court does not mean you will be picked to be part of the jury panel. It means there is a possibility that you may get picked. Go to the court, if you're lucky, you'll be dismissed before noon. Bring some work to do while you're waiting. If you do get picked, explain your circumstances before the judge.

    An unethical life tip is to say that you hold biased views which will affect your decision making. A colleague of mine, who has experienced domestic violence, explained to the judge that no matter what evidence is presented, she will always see the perpetrator as guilty. She was dismissed from jury duty. Although her story was true, biased views should exempt you from jury duty.

    • [Deactivated] on 21/11/2018 - 21:24

      Oh I see, I'll be honest, even if I do hold biased views I hope I can put them aside and make an objective (as possible) decision. I guess the problem is that it's still a guessing game. Like I said, I don't want to become a christmas casual only to not be available during…well, Christmas

      • fossilfuel on 21/11/2018 - 21:34

        It's possible to explain to the judge that travelling on public transport is a major inconvenience and it's possible that you might not arrive to court on time if a train or bus gets cancelled. Judges will factor that in and decide whether or not to empanel you. Good to know that if you get selected, you'll put aside your biases and attempt to make an objective decision. All the best!

        • [Deactivated] on 21/11/2018 - 21:52

          Thanks a lot, yeah that's my biggest concern as well, not arriving on time.

      • whooah1979 on 21/11/2018 - 21:45

        Be honest if you don't want to be chosen. Express that to the court that you've reservations about making a decision that may have a negative impact on another human being. This could be by voting with the majority or not guilty.

  • Diji1 on 21/11/2018 - 19:58

    Do they ask questions to choose juries like they do in some cases in Yankville? You could act like a terrible racist or act like you have barely have a grasp on reality so you're "excused". :D

  • roastchook on 21/11/2018 - 20:28

    I just sat in a large windowless room with about 60 other people sitting around bored (pre internet) from 9am to 11.30am, could smell them cooking a chicken lunch for us in an adjacent kitchen , just when they were about to serve (I could hear the knifes clicking), they told us he pleaded guilty and we could now go home. Had to hit kfc on the way to the bus stop. Got paid a few dollars. Weird day.

    • [Deactivated] on 21/11/2018 - 21:53

      60 people?! Potential jurors?

    • kiitos on 24/11/2018 - 16:52

      Denied the chicken lunch! Travesty of justice!

      Oh, and username checks out.

  • 87percent on 21/11/2018 - 20:30

    I was called for jury duty a few months ago, I just told them I have 2 kids to take care of. I was exempted

  • whooah1979 on 21/11/2018 - 20:50
    +1

    called for jury duty

    There is a big difference between states.

    https://www.courts.vic.gov.au/jury-service/attending-jury-se…
    Jury payments are currently $40.00 per day for the first six days and $80.00 per day thereafter.

    http://www.courts.justice.nsw.gov.au/Pages/cats/jury_service…
    Daily rate for jury service allowances
    Days of trial Daily rate Employment status
    Days 1 to 10 $106.30 a day All jurors
    Days 11 to trial end $247.40 a day Jurors who are em​ployed
    Days 11 to trial end $106.30 a day Jurors who are not employed

    As a juror you are also paid a travel allowance, calculated on the distance from your postcode to the courthouse at 30.7 cents per kilometre.

    • [Deactivated] on 21/11/2018 - 21:22

      unfortunately, I'm in Vic :P

      Also, since the trains aren't properly running, I'll have to take replacement buses and travel is free (although at the cost of an extra 1.5 hours) so no travel allowance either

    • [Deactivated] on 22/11/2018 - 01:42

      I wonder what the absolute definition of employment is there in NSW. It can't be income based as dairy farmers can make a loss for their time. A computer programmer working for themself might spend the required hours per week working but not be paid until launch, if at all.

  • elgrande on 22/11/2018 - 02:28
    +3

    Best to commit a crime, that way you will be in jail during the time period.. who knows you may end up at the same court date (but atleast you wont have to travel).

  • SlickMick on 22/11/2018 - 11:30
    +2

    I thought jury duty would be an interesting life experience, but my boss wrote a letter saying the business couldn't survive without me :(

    (…He later made my position redundant while I was on annual leave!!??)

    • [Deactivated] on 22/11/2018 - 12:39

      Yep. He has to cover the balance of your salary while you do it, I think. Such love.

      • [Deactivated] on 22/11/2018 - 18:38

        yeah, jury duty sounds fun tbh but recently had some unexpected financial costs and it would be better if I can earn a little money to help pay for them.

  • HeWhoKnows on 22/11/2018 - 18:06

    Apply for an excemptiopn on the basis of the time it takes to get to court and the fact it will impact your employment prospects.

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