My 71-year-old husband, with some memory issues and some cognitive dissonance, has been called for civil court jury duty. He is able to do day-to-day activities with some difficulty, but not too bad. He really wants to serve and doesn't want a medical exemption, and I want to support him, but am not sure this is going to be ok. The court is very close to home, walking distance, and we will practice going there and back a few times before the actual date he needs to report. Thank you so much for any advice!
That is support.
Don't worry about the process.
The judge asks a few questions.
1) Not everyone is called, and after waiting a half day, are sent home.
2) If called to the courtroom, not everyone is selected and you are sent home.
3) If you are selected, not everyone gets on the jury, and is on standby.
4) By the time you come back to be on the jury, the defendant has made a plea deal or admitted guilt, and you are dismissed, sent home.
5) Then you are paid.
6) And proud that you have fulfilled your civic duty maybe for the last time.
If the husband is not mentally competent, he should not be in the jury pool in the first place.
OP, I urge you to stop him.
If you were on trial, would you REALLY want a jury member, who has "some memory issues and some cognitive dissonance", to decide your entire future??
It's irresponsible for your husband to serve as juror.
Your husband is seeing this as an exciting, fun experience.
Please stop him from becoming a juror. This is serious business!
OP...he even has a hard time remembering how to get to the court, to the point that you must practice with him several times how to get there. His memory is REALLY not OK. Please don't put the future of another human being's life, in his hands. It's irresponsible.
If you're afraid of being the bad guy who tried to stop him, then tell him it's not you, someone else prohibited him from serving as juror. Then find a good way to fill in the forms and excuse him as juror.
Just maybe you could both go for day 1 & see..? If he fatigues or gets overly stressed/anxious you could call that a job well done & stop there. Discreetly sign him out for medical reasons. Or even if he wants to continue but you see big problems, again, manouve his way out.
A little like the school camp I volunteered at where a child was brought by a parent for one full day's activities & one night then driven home the next morning. He didn't know it was a five day camp. He'd been to camp! Just an idea..?
You should report the situation appropriately, and let them work out what to do. This is definitely not about your husband’s ‘pride about fulfilling his civic duty’.
Australia has just had two trials cancelled because a juror disobeyed instructions and did his own ‘expert’ research on the net. One was a rape trial which was not repeated because the victim could not face another 5 days of cross-examination, while the defendant elected not to give evidence. The defendant got off scot free. This is not a game.
ANOTHER VERY IMPORTANT POINT:
In our country (I'm from Ohio), our legal system is based on case law! It's also based on the constitution and laws, but it's also based on case law.
Your husband's contribution to the verdict, can shape our country's future case law, meaning he's not just deciding the fate of the person on trial. But he potentially decides the fate of other people on trial in the future.
THIS IS NOT CAMP.
It's not something to play around with and hope for the best that he performs his abilities as a juror.
STOP HIM.
Your "pride about fulfilling his civic duty" should be in having stopped him. And his "pride about fulfilling his civic duty" should be in stopping himself. THAT is fulfilling civic duty.
This isn't like a game of golf or a vacation. A person's fate rests in his hands and the other jury members.
He needs to ask to be excused for medical reasons if ckear dementia documentation is available from doctor or age. I think they have an age cut off where you are automatically be excused.
Yes! Right!
I find it very upsetting that your husband might go ahead. Please don't. It's your civic duty to stop him.
"and we will practice going there and back a few times before the actual date he needs to report"
I don't know if you're practicing because he needs practice walking, or because his memory is so bad he can't remember how to get there. If it's because of his memory....
Whatever the case, really, I find the whole thing very upsetting that you're/he's considering to be a juror. What is this world coming to.
His civil duty will be served by opting out.
He 71, over 70 do not need to serve, there is no reason to bring up medical reasons.
There is no way that I would recommend him doing this.
This is truly shocking.
Trust me, there are enough people who aren't cognitively impaired who aren't competent to serve on juries. My first criminal case was populated by people who stated loudly in the jury room that "All cops lie," so there was no way they'd convict anyone. Fortunately, the case ended up being pretty weak and the jury was unanimous in acquitting the defendant, but still, these people made it clear wouldn't even consider the evidence against him.
Your husband is not competent to serve on a jury, and that's the end of the story. Jury duty is also tedious, tiring, and depending on the case he might get on, it can be really upsetting. I served on a jury for a capital murder case, and I've vowed that if I ever get called to the jury box for such a case again, I'll tell the attorneys that I've paid my dues on violent cases.
There is no question that your husband cannot serve. You can sit in your living room for eight hours trying to read a book with The Price is Right running and a talk radio station playing in the background to replicate the experience of sitting in a jury room all day. It isn't fun.
Below is the NY question and Answer page I copied.
https://www.nyjuror.gov/juryQandA.shtml#Q8
The page also has a phone number you can call the Jury commissioner regarding your questions.
My experience: My daddy received one and I just completed the form stating he was in a facility signed it with my name followed with POA.
Blessing to you
Cognitive dissonance and you are willing to help him serve on a jury?
I find this criminal, you know that his thought processing is broken and you want to support him in serving on a jury. If you really care about supporting him, please support him by getting his name permanently removed from jury duty. This is NOT all about him, this could be someone's life or a serious matter that impacts lots of people.
The right thing for you to do, don't tell him, call the number on the summons and tell them the truth and ask for help stopping him without crushing him. You can not let him serve on a jury.
If he serves, and finds someone guilty--IF the news came out that your DH is not mentally all there--there could be some real anger on the part of both sides.
Jury duty is NOT a day at the zoo. It's grueling and you really should be at the top of your game, mentally.
Also--wasting time and money (your money, too, since taxpayers pay for much of the judicial system) to assuage your husband's desire to serve is not OK.
I got out of jury duty after about 9 months post chemo. All I said was I did not feel that I had the stamina or mental acuity needed at that time to serve without prejudice. I was excused.
Tell your husband it's not about him. Sorry.
One of my old neighbors was called for jury duty. She has a child who has special needs and cannot be left alone. She thought that they would understand her situation and excuse her from serving. Nope! They told her to get a sitter.
She happens to have bipolar disorder and she had her psychiatrist write a letter saying that she should not be a juror.
Your husband has a legitimate reason for not serving. Have his neurologist write a letter to them and then don’t give it a second thought.
"Maybe they will allow him to go thru the jury selection and dismiss him."
He might actually pass, kind of accidentally! Please OP, just stop him from becoming a juror. His dignity should be intact by doing the right thing: REMOVING HIMSELF. Not by playing Russian roulette. Not by doing the wrong thing and going ahead: that's not dignity, that's almost criminal, going ahead to maybe decide someone else's fate when you have memory problems and cognitive dissonance. That's the opposite of keeping your dignity intact. The opposite of doing something you should be proud of.
If you were involved in a court case or if your dh was, would you want someone with cognitive/memory issues to serve on the jury?
I am assuming your husband would be dismissed after being interviewed by lawyers. Many of us might be able to fake it but you cannot fake it with trial lawyers. They even have consultants who assist them on this.
No one but jurors can sit in the jury box.
That would be a waste of taxpayer money and unfair to either party of the trial.