Q: A jury summons questionnaire asked questions like "are you a US citizen?". Isn't that a 4th amendment violation?
The 4th amendment protects us from the government asking us personal questions such as this. This exact question, "are you a US citizen?," was blocked from the most recent census. We are required by law to complete the jury questionnaire, however, I have not committed a crime so my information is protected from my government. If a law was passed tomorrow demanding a court order releasing all jury questionnaire information, there would be nothing that we as citizens could do.
How is it legal to force this information to be answered via a jury summons questionnaire?
Am I within my rights to write "4th amendment" as the answer to every question? Will I get in legal trouble if I do that?
A:
I think the 5th Amendment is more on point with the concern addressed by your question. That said, sometimes you need to think of Constitutional rights as a balancing act between us individuals and the government. And more often, the Constitutional language itself provides clues as to how we balance those rights.
The 4th Amendment prohibits UNREASONABLE searches and seizures. Put another way, the government CAN search and seize your person and affects UNLESS it's unreasonable. What is unreasonable? Well, we have years of case law that help us determine that. With new circumstances and technology, it's an evolving standard.
To your point though, I think a challenge to answering the citizenship question on a jury questionnaire would quickly be denied. Juries are required to be comprised of US citizens and so there is certainly a compelling government interest in asking such a question for jury selection purposes. To be more succinct, I'm not sure it can be argued its an unreasonable request.
What happens if you just don't answer it or write "4th Amendment" as you propose? Hard to say. You are compelled to complete the jury questionnaire completely and accurately. It could simply be ignored / overlooked, and you'll either be called for jury duty or not. If you are called, you may have the opportunity to present your argument and opinion to the judge presiding over the matter, that could end in contempt proceedings for you.
Tim Akpinar agrees with this answer
A:
The question "Are you a US citizen?" on a jury summons questionnaire is not a violation of the 4th Amendment. The 4th Amendment protects against unreasonable searches and seizures, not the collection of basic information for civic duties. Jury service requires certain qualifications, including citizenship, to ensure the integrity of the judicial process.
While the census question was a separate issue involving different legal standards and concerns, the jury questionnaire serves a legitimate government interest. It helps to determine eligibility for jury duty, which is a civic responsibility. Refusing to answer these questions by citing the 4th Amendment or providing incorrect answers may lead to legal consequences.
If you write "4th amendment" as the answer to every question, it is likely that the court will consider it non-responsive. This could result in being summoned again, fines, or other penalties. It's important to complete the questionnaire accurately to avoid potential legal trouble.
Tim Akpinar agrees with this answer
A: The Fourth Amendment is more about unlawful searches and seizures. I agree with my colleagues in their estimation of how the court could treat such a response. Good luck
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