Have you ever been summoned for jury duty? The process works differently in different places, but basically, any adult can be required to respond to a jury summons. Where I live, you get an official summons that indicates your date of service. You appear on that date and after signing in, you wait. And wait. Sometimes you’re chosen for a jury, sometimes not. Lawyers, of course, want to choose jurors who will be sympathetic to their side of a case, which is why, at least in the US, each lawyer can identify jurors that will be excused (presumably jurors who may be seen as sympathetic to the other side). There are a lot of stories of juries and jurors in crime fiction, and they give us an interesting look at that side of law and law enforcement.
The process of jury summons isn’t particularly formal in some places. For example, as Craig Johnson’s Death Without Company begins, Absaroka County, Wyoming Sheriff Walt Longmire needs to assemble a group of jurors. So, he has his deputy, Victoria ‘Vic’ Moretti wait outside a supermarket and stop people as they leave. He and Moretti act as a sort of ‘jury press gang.’ It’s not a fancy process, but it works for them. Although this scene isn’t directly connected to the main case – the death of elderly Mari Baroja – it shows how jury summons work in some places.
Once a jury pool is gathered, they’re screened with questions. That’s especially important in ‘hot button’ cases like the one in William Deverell’s Trial of Passion. In that novel, recently retired lawyer Arthur Beauchamp is pressed back into service to defend Jonathan O’Donnell, acting dean of the University of British Columbia Law School. Law student Kimberly Martin has accused O’Donnell of raping her. At first, he claims the incident never happened. Then, he admits having sex with her, but claims it was consensual. For this jury, it’s a matter of ‘she said/he said,’ and they’re going to have quite a time trying to determine who’s telling the truth, and whether what actually happened constitutes rape. It’s going to take all of Beauchamp’s skill if his client is to be acquitted.
Getting the best jury is a part of what a good lawyer does, and some lawyers hire jury consultants to work with them and their clients. That’s what happens in Perri O’Shaughnessy’s Breach of Promise. Nina Reilly is a Tahoe, California-based attorney who’s trying to build her client base. She gets a chance to mix with the rich and powerful when she gets an invitation to a yacht party that wealthy business entrepreneur Lindy Markov is having to celebrate her husband Mike’s birthday. The Markovs own a very successful business and are social leaders, so Nina is persuaded to go. At the party, Nina witnesses the scene when Lindy discovers Mike is having an affair with the company’s Vice President for Finance, Rachel Pembroke. Then, Lindy is served papers ordering her to leave the home she’s shared with Mike for over twenty years. She also has to give up the profits from the business. Lindy hires Nina to represent her in a civil suit, but this is going to be a difficult case. Mike’s lawyer is a very good, experienced attorney. And he has the argument on his side that Mike and Lindy were never legally married; they were common-law spouses. So, Nina will need to use whatever flexibility she has to make sure the jury sees things her way. For that, she hires a jury consultant, Genevieve Suchat. The case is not an easy one, and it’s not spoiling the story to say that there’s a shocking event during the trial that changes everything. It’s an interesting look at jurors, at what they do, and at the interactions among them and the other people associated with trials.
Juries are supposed to listen carefully to all of the evidence in a case and make their determination. But sometimes, the evidence leads in an odd direction. For example, in Agatha Christie’s Death in the Clouds, Hercule Poirot is on a flight from Paris to London when one of the passengers, Marie Morisot, collapses and dies by what turns out to be poison. The weapon the police are hunting for is likely something along the lines of a blowpipe. So, when a blowpipe is found tucked into his seat on the place, the coroner’s jury is very quick to leap to the conclusion that Poirot is the killer. The coroner is convinced Poirot is innocent, but Poirot is quite miffed about it, and determines to find out who the real killer is.
Anyone can get called for jury duty, too. Just ask Ian Rankin’s John Rebus. In the short story Not Provan, Rebus attends the trial of thug and long-time criminal Willie Provan, whom Rebus has never liked. Provan’s been accused of killing a football fan who strayed onto his gang’s territory, and there’s plenty of evidence against him. Defending counsel, though, comes up with a strategy that just may get him acquitted. When Rebus sees what may happen, he decides to do some sleuthing of his own, to see if he can find something to undo that strategy. In the process, he comes across one of the jurors, who’s apparently had the same idea as Rebus, and who has set out to find evidence. The juror finds a key piece of evidence, and now Rebus has to decide what to do about it. It might not be conventional, but then, neither is John Rebus.
There are, of course, many, many other crime novels in which jurors play a role. Space only allows a few examples. But I’d love to hear about those that have stayed with you.
*NOTE: The title of this post is a line from Fred Ebb and Bob Fosse’s When Velma Takes the Stand.
Crime Writer Margot Kinberg 
Juries can be tricky things, can’t they Margot? I’ve read many a crime novel where they’ve caused havoc by coming up with the most ridiculous verdicts – in fact, in a fairly recent read of mine, “Suddenly at His Residence” by Christianna Brand, a Coroner’s Jury went completely off the rails and came to the most ridiculous conclusions. Very entertaining, of course!
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You’re quite right about juries, KBR! They can return completely unexpected verdicts and, as you say, come to ridiculous conclusions. I think that’s part of their appeal when it comes to crime fiction; the reader doesn’t always know what a jury’s going to do. And thanks for mentioning the Brand. She did do some great novels, didn’t she? And she had a way of really making you feel you’re in the setting with the characters if that makes sense.
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No, I’ve never been called for jury service… I suppose lots of people haven’t but I’ve always wondered what it would be like. I can’t add to your ‘jury’ books because I’m not a fan of courtroom based plots and tend to avoid them. The only one I can think of, offhand, that I’ve read is the 12.30 From Croydon by Freeman Wills Crofts and I see I said in my review that the court case took up the last 100 pages and I lost interest a bit. It is a good book though.
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I’ve never sat on a jury, Cath, but I have been interviewed, etc., Once I was even in the jury box but was excused and they chose another person. Oh, well, perhaps another time… At any rate, not everyone is a fan of courtroom cases and crime plots focused on the court. If they’re not of interest to you, they’re not. Thanks for the reminder of the Crofts. I haven’t read him lately…
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Most interesting. I will add what happens in Saskatchewan if the jury pool is exhausted and there is still not a jury picked for a criminal trial. The Sheriff (a judicial position in Saskatchewan) goes out onto the street and randomly picks passersby and says come with me. It is a rare event but does happen. I heard a story (not sure if it is true) that in the 1930’s the Sheriff had to go out three times in Melfort, where I live, to find potential jurors. I was told that by the third time word had spread and Melfort was a ghost town.
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Thanks, Bill. And thanks for sharing how juries are chosen in Saskatchewan. I just have this mental picture of the Sheriff pulling people aside – it must be a very strange feeling if you’re a passerby. And your story about Melfort becoming a ghost town made me chuckle. Some people really do not want jury service…
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I have been called for jury service, just once, way back in my twenties. It was so exciting! I even got selected! The case was of a young man accused of mugging an elderly woman, and he turned up as neat as a new pin, all suited and polished and innocent-looking. But the evidence against him was strong…. I couldn’t wait to get into the jury room and do a Twelve Angry Men for a bit (even though I knew he was guilty and fully intended to vote that way in the end). And then – the tragedy of it all – he changed his plea to guilty and we were discharged! I’ve never forgiven him for spoiling my one chance to play Henry Fonda… 😂
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Oh, what a story, FictionFan! You were all prepared to to give that elderly woman justice and then he pled guilty! No Henry Fonda for you! How disappointing. Still, in all seriousness, the jury experience must have interesting and even exciting for you. I’ve been almost-empaneled, but never quite made it myself. Perhaps someday. I think when they find out I write crime fiction, they all step away quietly… 😉
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I shudder when I get a jury summons, but I love to read books about juries. And in vintage fiction, I always enjoy the coroner’s inquest and jury.
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You’re not the only one who does not like jury summons, Tracy. A lot of people don’t want to be on juries. But you’re right; there are many excellent novels, and films where the inquest and jury really add to the story.
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Hi Margot, I received my first Jury Summons some years ago and I had to go to the Central Criminal Court in London which is known as The Old Bailey. Here I was chosen to serve on a jury and the three defendants were charged with multiple rape against a very drunken nurse. The nurse had been at a party in a restaurant and the defendants were waiters at the place who had persuaded her to come with them to a an apartment where the offence occurred. The jury couldn’t make a decision and we were put in a five star hotel for the night but we weren’t allowed to contact our partners and as I take medication every day my wife was very shocked to have a policeman call at our house who asked for my medication. I shared a room in the hotel with another juror and it was peculiar because we didn’t have any change of clothes or PJs and were given toothbrushes
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Thanks for sharing your experience, Terry. It sounds like a horrible case, and I can see how it would take time to sift through it all. I can only imagine your wife’s surprise and unease, too, when the police officer asked for your meds! I’m glad they put you up in a decent place and fed you, even if you didn’t have a change of clothes. I’ve heard of other cases, too, where juries were sequestered; I think that must be hard on everyone, even if the jurors get good accommodations.
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I have never been summonsed – it really is sheer chance isn’t it?
I love a good jury-based crime story, and also remember back to my days as a reporter – I often attended trials and liked to look (covertly, don’t want to stare) at the jury to see how I thought they would decide, and who I thought would be the foreman.
Apart from the obvious, two films I like where the jury is important are Chicago (where your title song comes from) and My Cousin Vinny. I always enjoy a scene where the lawyer is addressing the jury very personally….
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Oh, thanks, Moira, for reminding me of those jury scenes in My Cousin Vinny! I think they were really well done. And it is interesting to see how juries and lawyers interact. I haven’t written a scene like that – well, not specifically with that interaction – but it can be powerful. And you’re right; being summoned for jury duty is just by chance, I think.
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In India, Jury trials don’t take place. I think they were abolished. But then again, criminals threaten judges and with us progressing towards an authoritarian state, I guess one can’t hope for reform. Having said that, there’s like this jingoistic demon that has possessed almost everybody. So having juries here will only result in more injustice for minorities and Dalits. I’m always fascinated by juries though. You only increased my fascination with your article. I’ve always wondered how intense the pressure is on a juror when it comes to cases which involve capital punishment in countries which use it. And how juries can convict the wrong person and mess their life up.
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Thank you, OP, for the ‘inside look’ at how trials work in India. You make a really interesting point about how people’s political feelings and their biases can impact how they feel about cases that involve minorities, Dalits, or other people who’ve been the targets of bigotry. I think that may influence jurors in a lot of places. And, yes, there probably is a great deal of pressure on jurors in capital and other high-stakes cases.
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loved reading your post.
This is what I found out in your post
Great insights into the process of jury summons and the role of jurors in crime fiction! It’s fascinating to see how different authors handle the selection and dynamics of juries in their stories. Very interesting article!
Thanks, Ely
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Thanks, Ely, for your comments. I’m glad that you found the post interesting. I always enjoy the way authors handle juries, too. And juries offer a lot of possibilities when it comes to dynamics as well as character development.
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