Florida Judge Jails Prospective Juror

[CottonBear]

Florida Judge Jails Prospective Juror

Thursday April 21, 2005 4:31 PM

FORT LAUDERDALE, Fla. (AP) - A judge sentenced a 19-year-old to four months in jail for not mentioning his arrest record when he was called for jury duty, outraging his family.

Circuit Judge Eileen O'Connor freed Stacey Forbes on bond Wednesday while he pursues an appeal. He had already served a month of the sentence she imposed for criminal contempt.

<snip>

Police arrested Forbes in October on charges related to car break-ins. More recently, he was arrested on a marijuana possession charge. In both cases, prosecutors declined to file charges, but the latter charge was not dropped until after he was jailed.

Forbes said he did not intentionally try to hide anything when he was called for jury duty March 22. A high school dropout, Forbes said he had problems reading a questionnaire that asks whether prospective jurors have a criminal background.

more...

http://www.guardian.co.uk/worldlatest/story/0,1280,-4953731,00.html

My take on this case: The sentence is harsh but if you can't read the jury questionnaire form, you dumb ass, then get someone to help you fill it out!

In my county, persons who just don't bother to show up for jury duty will find a Sheriff's deputy at their door to escort them downtoen to the courthouse. There were too many people who were blowing off jury duty. The three superior court judges were mighty pissed off and that's when they cracked down on the erstwhile citizens of our fair county.

edit: I've served on a Grand Jury (3 month terms here in my county) and been called 3 times for traverse jury but I've never been chosen. The majority of people who always try to get out of jury duty are white, male, middle class Republicans. They make me sick.

[beyurslf]

1. If they have a problem getting people to show up.... jailing someone who

misreads the instructions is not a good way to encourage people to come in. Jeez!

[CottonBear]

4. I get the feeling the guy can hardly read.

<snip>

``One has to wonder why such a Draconian sentence, if the person who didn't tell the truth didn't do it for any reason that benefited him,'' Finklestein said.

Forbes, who apologized to O'Connor before he was sentenced, said he was in shock.

``I didn't cry until I got into the cell, thinking, 'Wow - this really happened,'' he said.

While appealing the sentence, which could take more than a year, his travel is restricted, he is under a 1 a.m. curfew and he must check in with authorities three times a week.

http://www.guardian.co.uk/worldlatest/story/0,1280,-4953731,00.html

Eidt:
I think that the sentence is too harsh but DAMN, the guy can't read.
He didn't even realize that when you are called for jury duty you have to tell them all about any arrests or convictions that you may have had. He's being punished for being illiterate. However, being illiterate is not a bar to voting and one must be a registered voter to be on the jury list.

[1monster]

32. In some states, one does not have to be registered to vote to be called

for jury duty. Some states use the Division of Drivers License for their jury pool.

[CottonBear]

35. I did not know that.

Thanks for the information.

[beyurslf]

37. I think most states now use either a DL or voter registration.

[iamjoy]

2. Maybe It's The Questionnaire

If it asks whether or not one has a criminal background, that's a stupid question because it is vague and open to interpretation.

It should ask
Have you ever been arrested?
Have you ever been convicted of a crime (with further specifications as to whether the conviction was overturned or the record expunged).

What's criminal anyway? If some one is arrested for a misdemeanor, does that mean they have a criminal background?

[CottonBear]

5. Good point.

Our questionnaire is very specific as regards the wording.

Perhaps this will prompt this Florida county to change their questionnaire.

[GiovanniC]

6. Exactly

I was arrested once, for an outstanding warrant that was apparently out on me because a house I used to own had a health code violation. The violation occured when I no longer owned the house, so somebody screwed up somewhere. I was released from jail on my own recognizance after a couple hours, went to court and got the whole thing cleared up.

When I go in for jury duty, do I say that I have a "criminal background"?

If I don't, will they throw me in jail?

I'm quite literate, but I wouldn't characterize my ordeal as a "criminal background".

[Dogmudgeon]

8. No, you don't have a criminal background

You have to be convicted to have a "criminal background".

Still, it never hurts to politely inquire of the court clerk in the event you are called up.

--p!

[GiovanniC]

12. If I Don't Have a Criminal Background, Neither Does This Guy

No charges were ever filed against him.

[Freedom_from_Chains]

3. However those who are illiterate

Will go to great links to conceal such, as it is embarrassing to them, and while I agree the issue of just not showing up for jury duty is serious, this doesn't seem to be the issue here.

Perhaps Florida is trying to regain their image in light of the negative characterization they received during the Terri Shiavo debacle, as this type of treatment should really please conservatives.

[rocktivity]

7. That's ridiculous--probation would have been enough

While appealing the sentence, which could take more than a year, his travel is restricted, he is under a 1 a.m. curfew and he must check in with authorities three times a week.
Six months' worth of this, combined with some community service, would have been a fitting punishment for the crime.

:headbang:
rocknation

[Dogmudgeon]

10. Crime?

I think the judge should be reprimanded for abuse of power AND for failing to properly inform the prospective jurors.

It could also well be a civil rights action.

Too many judges think that they are The Law, and are entitled to act like complete dicks if they take a fancy to. It needs to stop.

--p!

[NWHarkness]

9. "Criminal background"?

A person who has not been convinced of any crimes does not have a "criminal background".

Jesus, this country is turning into a police state.

[Freddie Stubbs]

15. That's not what the question asked

It asked if "he or any family members had been arrested." That doesn't sound to confusing to me, but I don't have the disadvantage of have gone to public school in Florida.

[TexasSissy]

11. There's more to the story. He didn't just lie on the questionnaire...

He was also ASKED, under oath, the questions. The following is from the Sun-Sentinal:

"Each juror then had to answer out loud a series of questions written on a form. One of those questions was: 'Have you or any member of your family ever been arrested?' Forbes was the first juror called upon.

"'I've never been on a jury before,' he said, according to court transcripts. 'And have you ever been a member -- anyone in your family been arrested, no.'"

Apparently the judge thought he had intentionally lied, since he was asked the questions verbally, and lied again.

Still, 4 months of jail time seems very harsh. Do I need to point out that this judge was appointed BY JEB BUSH IN 2003?????? And that the juror is a young black male???

[CottonBear]

13. Very interesting. Would the judge have jailed a white female

or a white male for the same reason?

Do you have a link for the Sun-Sentinal story?

edit: Did his previous experience with the law lead him to be fearful to truthfully answer the verbal question?

[doodadem]

14. Sorry, can't let this one slide

There are many reasons that people cannot perform jury duty. In my case, I am self-employed, if I don't work, I don't get paid. Along with running the farm, which is pretty much a second full time job. We live 50 miles from the courthouse, on the very outskirts of the county. They call a disproportionate number of people from up here in the mountains, presumably for fair representation. It totally sucks. I was never called in the 20 years previous, while living in 3 other states. I move to Calif, and in 3 years, I've been called 3 times. It's bordering on harassment. The last time, I just got my doctor to write be an excuse. The time before that, I had to get up at 4:30 am to get done in time, and make the drive down by 9:00 am. My husband lost a day from work to handle things on the farm. I lost a day (not even reimbursed for mileage), to spend all day at the courthouse watching movies, before getting in front of a judge to explain why I couldn't serve, and that yes indeed, it would be a financial hardship. Now, why in the world do they think that would change from one year to the next, and why not accept this by phone/mail instead of going thru this costly charade. One lady who was called with me, explained to them that she had just put her kid in the hospital the night before, as well as just started a brand new job (single mom). You know this asshole would not cut her any slack?
Along with all that, they are NEVER going to put me on a jury anyway, because they do NOT want opinionated people on a jury. Opinionated is my middle name, and in my opinion, they need to take all of the unemployed college educated folks out there, that can use their piddley little reimbursement, and let them serve. I would MUCH rather have people like that sitting in judgment of me, than a bunch of folks who want no part of being there.

[CottonBear]

16. It is your civic duty to serve if chosen.

Everyone has their own individual circumstances but those do not override your civic duty.

If many cases, the judge will allow you to serve at a later trial in the current calender year. If you have a reasonable excuse then you may be excused from duty without having to report later in the year.

It is in no way harassment to be called once a year for jury duty.

If you don't want to serve then don't register to vote.

The right to vote comes with civic responsibility.

(Please try to use paragraph form for your posts. It will make it easier to read your comments. Thanks.)

[doodadem]

33. Civic duty my ass

And don't register to vote? That statement is kind of against the Democratic cause, isn't it? Besides, where we are, they pull people from the DMV/car licenses as well.
I'm sorry, I do not feel obligated to totally disrupt my business and finances to do jury duty. If that makes you feel morally superior, knock yourself out. Sure, they'll let you delay the time--think they'll let you delay it until the recession is over, and everybody is back on their feet?
Jury duty should not be a financial or personal hardship. There are tons of people who want to do it, LET them, and leave the rest of us alone.

[Skarbrowe]

34. hah hah..Do we need to start writing in individual sentences? JOKING!

I'm sorry. It really did strike me as a little bit funny. The person has one kinda long paragraph, but then she/he does start a new one. Then it's pointed out that it would be nice to break up the long paragraphs, which does make it easier to read, with a post containing individual sentences. Personally, I like run on sentences. LOL

Just kidding...

But I do think most people on the DU are capable of reading at least one long paragraph. Obviously not the guy this article is about, but that's something else altogether.

Also, since I'm already typing, I don't think everyone should be on a jury. I'm not saying we should have literacy tests or personality tests, or bigotry tests, I'm only saying that some people are really not up to it.

I know that too many people try to get out of jury duty simply because it's something they don't want to waste their time with and I do understand the need to be strict about people wanting a "get out of jury free card". I'm getting them now due to sucky arthritis. I've done my jury duty time and I admit it was not pleasant. Seems to me if a judge finds out a juror hasn't been truthful, they usually get rid of them and bring in an alternate.

This article has me totally confused. I need a lot more information because from what I have read, it sure does appear to be a draconian sentence imposed on this young man, unless he did something smart mouthed and insulted the judge and the court. If the question posed to him was " Have you ever been a member....has anyone in your family been arrested ( sorry if that's not the exact wording ) he might have been saying NO to no one in his family being arrested.

Again. Not enough information.

And HEY. This is Florida we're talking about. It's crazy down here! Weather's awfully nice during the winter, though.

Snark!

[CottonBear]

36. See post #30 for more information on this case. n/t

[Skarbrowe]

38. Thanks CottonBear. It was on the front page of my paper.I was lazy and

didn't read the whole article. The front page has this large picture of the judge looking all confused. I'm in Broward County and, well, what can I say.

It's Florida.

[Demit]

17. There's a reason they call it jury DUTY. It's your civic DUTY.

On behalf of unemployed college-educated folks everywhere who find the reimbursement just as piddling as you do and who don't deserve the gratuitous slap, I'm not letting you slide either.

[CottonBear]

19. Exactly my point.

Capitalism does not and should not override Justice.

You must bear the financial burden just like the rest of us.

If you are self-employed or do agricultural work then it is much easier to take time off than those who work 9-5 or in a corporate or academic position.

I am a design professional who also cares for a horse daily.

I was able (and proud) to serve on a Grand Jury for a 3 month (quarterly) term. I missed, on average, 1 day of work a week for 3 months. I worked late or came in on early on the other days. Then, I would go care for my horse before finally going home to chores and duties there.

I was proud to have served. We had a wide range of people on the Grand Jury: young to old, black and white, college professors, housewives, self-employed persons, students, manual laborers and city workers.

[Lars39]

20. Back up a minute!

A person that is employed can temporarily be replaced,and probably still earn their salary without losing their job.
A self-employed person, say a computer programmer, is literally losing money at that point in time and possibly losing future money if he can't fulfill the contract he has. And postponing the jury duty?
The self-employed person might not even be able to take off two weeks for a vacation.
Two weeks on a jury can sink a self-employed person, civic duty or not.

[CottonBear]

22. Try that argument with Superior Court Judge Gaines

in my county. You will not be excused.

I know. I've sat through hours of listening to every argument in the book from prospective jurors. You can work at night and on the weekends if you are a programmer.

[Lars39]

24. Programming was just an example.

A person's livlihood should not be wrecked by sitting on a jury.

And most programmers I know are having to program on the side, which IS nights and weekends.

[Journeyman]

29. If you don't want to serve on a jury, simply tell the judge. . .

that you cannot be impartial in the matter at hand. Doesn't make a difference what the issue is, tell them you can't be impartial and no attorney in their right mind will want you on their jury because your statement means there will be an automatic overturn on appeal. Just the way the system works.

Or take the fundamentalist's approach I heard during jury selection about 20 years ago. The judge asked if anyone had reason why they couldn't serve on the jury. One guy stood and said he couldn't serve because "my religion forbids from passing judgment on any man." The judge looked at him, smiled slightly and said, "Is that so? Well, then, go in peace brother."

[Walt Starr]

18. Illiteracy is not a crime

and the man jailed for being illiterate should sue.

[CottonBear]

21. Apparently, he lied in response to a verbal question.

The question is why did he lie? What was he afraid of?

This is all unfortunate. The judge was too harsh, but the young man didn't tell the truth.

Link to article form the Florida Sun-Sentinel:

Early in jury selection, O'Connor asked prospective jurors if anyone had pending criminal charges against them, according to court transcripts. Forbes failed to raise his hand.

Each juror then had to answer out loud a series of questions written on a form. One of those questions was: "Have you or any member of your family ever been arrested?" Forbes was the first juror called upon.

"I've never been on a jury before," he said, according to court transcripts. "And have you ever been a member -- anyone in your family been arrested, no."

Forbes' background didn't become an issue until Assistant State Attorney Eva Solomos checked whether he had any prior arrests before he could be sworn in as a juror. State Attorney's Office spokesman Ron Ishoy said Solomos checked Forbes' history on a hunch.

<snip>

Transcripts indicated the judge considered letting Forbes get an attorney to represent him, but then changed her mind minutes later. Broward Circuit Court Chief Judge Dale Ross said Wednesday that someone charged with direct criminal contempt isn't entitled to an attorney or jury trial unless facing more than six months in jail.

http://www.sun-sentinel.com/news/local/broward/sfl-cforbes14apr14,0,4290057.story?coll=sfla-news-broward

[Walt Starr]

23. There's a difference.

And he could be jailed for that.

[CottonBear]

27. This is a very odd story.

Florida is a strange place.

[CottonBear]

25. The public defender wants to know why Forbes lied.

<snip>

Trial consultant Amy Singer said it's critical for potential jurors to be honest during jury selection, otherwise they could compromise the integrity of any verdict and it could be appealed.

Public Defender Howard Finkelstein agrees, but said a judge must examine the reasons why the potential juror lied and if there was incentive to lie, such as a payoff or creating havoc in the judicial system. He said that up until the Forbes case, he has never heard of a Broward County juror getting such a stringent sentence.

"One has to wonder why such a Draconian sentence, if the person who didn't tell the truth didn't do it for any reason that benefited him," Finkelstein said.

Forbes said he had no motive to lie to be placed on the jury. He didn't even want to be a juror once he heard it was the case of a Hollywood man arrested in August on drug charges, he said.

<snip>

http://www.sun-sentinel.com/news/local/broward/sfl-cforbes14apr14,0,4290057.story?coll=sfla-news-broward

[Lars39]

26. I'm wondering if a learning disability is involved in some way.

He may not be abl to process info and correctly verbalize a response.

[CottonBear]

Dupe.

Oops! Sorry.

[CottonBear]

28. That is a possibility which could explain why he can't read well

and dropped out of school.

[CottonBear]

30. Legislator criticizes jailing of juror for four months

Legislator criticizes jailing of juror for four months

By Jon Burstein
Staff Writer
Posted April 15 2005

A state legislator said Thursday he fears a Broward Circuit judge's decision to jail a prospective juror for four months may scare people, particularly blacks, from reporting for jury duty.

State Rep. Chris Smith, D-Fort Lauderdale, said he thinks 19-year-old Stacey Forbes' sentence for criminal contempt is too harsh. Forbes failed to disclose during jury selection that he had been arrested before and that his father had a prior arrest. The State Attorney's Office has said that a prosecutor's hunch led her to discover Forbes' arrests before he could be sworn in as a juror on a drug case.

<snip>

None of the Broward County jurors found in contempt in recent publicized instances ever spent a day in jail.

Smith said he is concerned whether Forbes, who is black, received more scrutiny during jury selection than other jurors based on his appearance.

http://www.sun-sentinel.com/news/local/broward/sfl-cforbes15apr15,0,4748811.story?coll=sfla-news-broward

The plot thickens. Black voter supression?

[bemildred]

31. The judge should be impeached for this.

I don't know where to start.