Legal Question in Constitutional Law in Pennsylvania

is mandatory jury duty legal under the 13th amendment ?

Is the PA statute requiring mandatory service for jury duty or face a fine and/or inprisonment legal under the 13th amendment of the US constitution barring involuntary servitude ? Wouldn't forced service be equivalent to a modern day version of state sanctioned slavery ? Is it possible to write an appeal to a contempt of court charge for failing to appear for jury duty based on the above agruement ?


Asked on 2/12/02, 8:49 am

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

Re: is mandatory jury duty legal under the 13th amendment ?

For starters, because the right to a jury trial is enshrined in the constitution, and there was clearly no intent to repeal the 6th and 7th Amendments by the 13th, you cannot successfully argue that jury service is slavery. So while you could "write an appeal" on that ground (or on the ground that the moon is made of cheese), it will get you nowhere.

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Answered on 2/12/02, 10:44 am


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