05 July 2021
Fewer Americans are trying to get out of jury duty, and legal experts say this may reflect people's growing desire to combat systemic racism.
Driving the news: Jury consultant Jason Bloom tells Axios that, historically, as many as one in four U.S. adults who are called for jury duty seek to be excused, citing hardships. But now, that number has shrunk to around only 5%-10%, he says.
Why it matters: There's a clear upside to enhanced civic engagement, but former prosecutors warn that it's as essential as ever to make sure that potential jurors are fair and don't come into cases with agendas.
The big picture: The projected jump in participation follows the killing of George Floyd; the trial, conviction and 22.5-year sentence of former police officer Derek Chauvin; and record voter turnout in 2020.
- During Chauvin jury selections earlier this year, a surprising number of Hennepin County residents in Minnesota were OK with serving, and a few were been flat out excited, as Nick Halter, the author of Axios Twin Cities, reports.
- One prospective juror said she voted in the November election because she wanted to become eligible for jury duty and called the process "fascinating." Another potential juror even said he was willing to delay his wedding to serve on the jury.
Courts are also facing case backlogs as they reopen following pandemic shutdowns.
What they're saying: “There are many ways to impact our communities," District of Columbia Attorney General and National Association of Attorneys General president Karl Racine tells Axios. "A critical piece of civic engagement is serving on a jury and I hope this means more people will answer that call to service."
- Katrina Dewey, the founder of the legal publication Lawdragon, said some people have concluded that if they want more racial justice, jury service may be one of the most profound and impactful ways to achieve that: "I do think that we are entering an era of maybe participatory populism."
- "A lot more people want to participate in their community and in society," Bloom said. "And there's not much you can do about that, besides vote, or sit on a jury."
Yes, but: "You want people there who really believe in equal justice under the law," David Iglesias, a Wheaton College law professor and a former U.S. attorney, tells Axios. "You want people who try to be as race-neutral as possible."
- "I want jurors to look at the evidence in individual cases and not for a cause," said Susana Martinez, the former New Mexico governor and a former prosecutor. "Can you be unbiased? That's what I want to know."
What we're watching: The National District Attorneys Association and the Vera Causa Group in May announced a partnership to support efforts of prosecutors to make the U.S. criminal justice system more racially equitable.
- The groups are hosting virtual trainings on racial equity and anti-bias programs in the criminal justice system.
Transcripts show George Floyd told police "I can't breathe" over 20 times
Section2Newly released transcripts of bodycam footage from the Minneapolis Police Department show that George Floyd told officers he could not breathe more than 20 times in the moments leading up to his death.
Why it matters: Floyd's killing sparked a national wave of Black Lives Matter protests and an ongoing reckoning over systemic racism in the United States. The transcripts "offer one the most thorough and dramatic accounts" before Floyd's death, The New York Times writes.
The state of play: The transcripts were released as former officer Thomas Lane seeks to have the charges that he aided in Floyd's death thrown out in court, per the Times. He is one of four officers who have been charged.
- The filings also include a 60-page transcript of an interview with Lane. He said he "felt maybe that something was going on" when asked if he believed that Floyd was having a medical emergency at the time.
What the transcripts say:
- Floyd told the officers he was claustrophobic as they tried to get him into the squad car.
- The transcripts also show Floyd saying, "Momma, I love you. Tell my kids I love them. I'm dead."
- Former officer Derek Chauvin, who had his knee on Floyd's neck for over eight minutes, told Floyd, "Then stop talking, stop yelling, it takes a heck of a lot of oxygen to talk."
Read the transcripts via DocumentCloud.