False Jury Withdrawal In Massachusetts
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FAQ
When writing a jury excuse letter, directly state why you cannot serve and how serving would lead to hardship. Valid exemptions include being ill or disabled, being the sole guardian of young children, or being over the age of 70. Include documentation such as a doctor's note or a letter from an employer.
If you have been convicted of a felony when the conviction has not been set aside or a pardon issued. If you are a judge, clerk of a district court, a sheriff, or a jailer. If your spouse has been summoned for the same jury panel. If you or your spouse have a pending jury trial in any court.
Don't lose your temper, try to bully, or refuse to listen to the opinions of other jurors. Don't mark or write on exhibits or otherwise change or injure them.
If they tell the truth that they do, then they will be excused from the jury. If they were to lie, that is a crime called perjury. If they are caught after the trial starts, then the judge would remove them and seat an alternate juror, or declare a mistrial. The juror could face prison time.
Prospective jurors who lie during voir dire—the process of jury selection—can find themselves in serious legal trouble. We do not recommend doing this.
Failure to complete and return a jury questionnaire, providing false information on the questionnaire, or using vulgar or profane language in response to a jury questionnaire subjects a citizen to show cause proceeding for contempt of court.
Any grand or trial juror who fails to appear for juror service or who fails to perform any condition of his juror service shall be guilty of a crime, and upon conviction thereof, may be punished by a fine of not more than two thousand dollars.
This only happens in the most extreme cases because appeals courts will defer to the jury's verdict and review all evidence in the light most favorable to the prosecution. In Massachusetts and all other jurisdictions in the United States, jurors are not instructed that they can nullify a case.
Upon a finding by the court that a juror will not appear to perform or complete juror service or in response to the court's order, the court may issue a warrant for the arrest of the juror or may take such other appropriate actions as are likely to compel the juror to appear before the court.
