As a judge I heard many reasons why jurors did not want to serve or were worried about their ability to be fair and unbiased. A common question jurors are asked during jury selection (voir dire) is whether there are any events upcoming during the anticipated trial duration that would prevent them from serving or affect their concentration on the evidence. These often include:
Lack of daycare
Losing income because employer will not pay them during jury duty
A serious medical treatment or surgery for themselves or family member
Final exams at school or college
A long-anticipated trip out of state
Other reasons for being excused are personal court experiences which are similar, as a party or witness; expert knowledge such as will be presented at trial; acquaintanceship with judge, attorney, witness, court staff, or another juror.
A juror was excused in September 2022 in the R. Kelly child sex abuse trial after having a panic attack during closing arguments and being unable to continue. In the recent trial in New York against the Trump Organization, a prospective juror told the judge that the former President makes him so ill and that he has such negative feelings about him that he cannot be a fair and unbiased juror. In the same trial another juror said "there is no chance in hell" she could have been impartial.
It is common in sexual assault cases that prospective jurors are overcome with emotion when questioning dredges up long "stuffed" and unexpressed memories about their own victimization floats back in their consciousness. Only rarely do the prosecution and defense disagree on excusing a juror in that situation.
Judges have wide discretion in excusing jurors from service. As I indicated in a prior post, judges and attorneys should be cautious about "brow beating" a juror into stating that despite their feelings they can be fair and impartial.
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