Why Do Some People Get Called for Jury Duty More Than Others?

Why exactly are people randomly picked to serve on a jury? Wouldn't it be better to let legal experts decide important court cases, and a not a dozen random strangers? Who came up with this system, anyway?

The answer to that last question, like most, is the ancient Greeks. In the groundbreaking Athenian democracy created in 507 B.C.E., all court cases were decided directly by the people. Huge juries of 500 people or more were selected every day from a pool of roughly 40,000 adult male citizens to rule on everything from murder cases to neighborly squabbles [source: History.com].

The Magna Carta, penned in 1215, expressly included the right of every free man to protection from punishment without "the lawful judgment of his peers" [source: Library of Congress]. The 18th-century framers of the United States Constitution believed that a trial by an impartial jury was among the principal rights of any free society. In fact, the Fifth, Sixth and Seventh amendments to the Constitution ensure the right to a jury in both criminal and civil cases [source: U.S. Courts].

Today, U.S. federal law states that juries must be "selected at random from a fair cross section of the community ... wherein the court convenes," hence the computer-selected names from a list of registered voters and licensed drivers. The law further states that "all citizens shall have the opportunity to be considered for service ... and shall have an obligation to serve as jurors when summoned for that purpose" [source: Cornell University Law School].

These two components of the U.S. jury system — randomness and compulsory service — combine to ensure that a jury is a representative sample of the community regardless of race, gender, political affiliation or ability to weasel out of jury duty. In order to serve on a jury, the requirements are few. You need to [source: U.S. Courts]:

Being called for jury duty does not mean that you'll sit on an actual case. In fact, there's a good chance that you'll be dismissed the same day and sent home with your free pass for a year.

When a trial requires a jury, prospective jurors are brought in and asked questions by lawyers from both sides in a process called voir dire. From a large group of prospective jurors called each day, only six to 12 (a trial or petit jury) will be chosen for the trial phase of criminal or civil cases, and up to 23 for a grand jury [source: U.S. Courts].

Each side's lawyers can reject a number of prospective jurors without giving a reason. This is called a peremptory challenge, and the number allowed ranges between three and 20 per side, depending on the type of case [source: Cornell University Law School]. Since some alternates are also needed for the jury box, you have to have large pool of potential jurors to seat 12 people and two alternates. That's one reason you might find your jury summons coming quite regularly. Another is if you live in an area with high rate of no-shows. That means the court may request a lot more people to appear than it might need.

Is there a way to lower your odds of being summoned for jury duty or selected for an actual trial?

Yes, jury duty is a legal obligation, and sure, it contributes to the impartiality and overall fairness of the American judicial system, but it's also a genuine pain in the neck.

You miss work. You battle rush-hour traffic to get downtown. You wander cluelessly around the courthouse looking for your room. You wait for what seems like an eternity (two hours). Finally, you're herded into a courtroom to be questioned by bored lawyers and a scary-looking judge. Then you're sent home with a few bucks for your trouble. Or worse, you are selected for a trial that lasts all week!

There are legitimate reasons to want to avoid jury duty, but we would never encourage you to break the law. Instead, use the law to your advantage.

For example, most states draw prospective jurors from the voter registration rolls and the driver's license database. If your name appears differently on those two lists — Bob instead of Robert, for example, or married name versus maiden name — you might be counted twice. The same thing can happen if your address or birth date are different. Lower your odds of getting picked by updating your records through the Department of Motor Vehicles.

Then there are the exemptions from service. When you receive your jury summons, it will come with a questionnaire to determine your eligibility for service. Medical or physical conditions are certainly grounds for exemption, if accompanied by a doctor's note. You may be also claim a "hardship" exemption if serving on a jury will result in a critical loss of wages, if you're the sole caretaker of a child or other dependent or if you are a full-time student [sources: Superior Court of Fulton County, Pierce County Washington]. Exemptions allowed will depend on the court in question. Many courts also allow you apply for a one-time deferral/schedule change if you had something already planned like a vacation, which would normally not be a reason to get out of jury duty. You can also get out of jury duty, based on age which can range from 65 to 80 years old, depending on your state.

Members of the armed forces on active duty, professional firefighters, police officers and "public officers of federal, state or local governments, who are actively engaged in the performance of public duties" are also exempt from federal jury service. In fact, they can't serve on a federal jury even if they want to [source: U.S. Courts].

What if you can't legally get out of jury service but want to avoid being picked for an actual trial? Homer Simpson has some not-so-sage advice: "Getting out of jury duty is easy. The trick is to say you're prejudiced against all races." While it's true that lawyers or the judge will dismiss a juror who is openly biased against one of the parties in the case, don't pull a Homer. Once you've heard an overview of the case, you can simply claim that you are unable be fair and impartial, and they'll let you go [source: Warner].