Re: Mandatory Military Induction and/or Jury Duty Law

On 28 Dec 2005, "BoyntonStu" <stu@xxxxxxxxxx> wrote:

> I believe that the definition of Induction/Draft means
> to show up at a certain place at a certain time to fill out
> forms and to take physical and other tests. I have not
> read anything in any Law or Statute that goes beyond that.

This is an example of what might fairly be termed the "Fallacy of
Speculation" and certainly is an example of the "Fallacy of (arguing
from) Ignorance": what you say you "believe" is not supported by
present U.S. law, since there no longer is a compulsory draft in this
country, and that you "have not read anything . . . that goes beyond
that" begs the question whether, when there last was a draft, the
"that" that you say you "believe" accurately summarizes what the law
provided in this respect (but it doesn't).

> After you have been screened, you are all lined up
> with the others and ASKED to take a step forward to
> 'volunteer' for service into the armed forces.

There have been numerous prosecutions resulting in convictions for
"unlawfully, knowingly and wilfully" violating (refusing to perform)
the "duty imposed by the Military Selective Service Act of 1967 and
its regulations, in violation of § 12 of the Act, 81 Stat. 105, 50 U.
S. C. App. § 462 (a) (1964 ed., Supp. IV), because [an eligible
draftee] failed to obey an order by his local draft board to submit to
induction" (as was noted in, among many others, U.S. v. Sisson, 399
U.S. 267, at 27 [1970]) and many like prosecution when/since a draft
has been in effect in this country.

E.g., though held unconstitutional as applied to Jehovah Witness
objectants, the version of the Selective Service and Training Act of
1940 in effect during WWII was even more draconian in these respects
(re. which, see Estep v. U.S., 327 U.S. 114 [1946] for the legislative
history of that law and constitutional discussion/ruling). Also,
though concerned on its facts with issues other than those you raise,
if you are serious about your query, you might find informative the
discussion of legislative history in this connection in Toussie v.
U.S., 397 U.S. 112 (1970).

> If you have fully complied with the Induction/Draft
> notice but refused to follow the words to take a step
> forward, what penalty under Law would you be liable for?

When the draft laws were last in effect, a felony conviction and
sentence to a sometimes substantial fine and confinement in prison.

> Ditto Jury Duty with respect to swearing in, taking a
> step, signing, or pledging. What are the consequences
> of refusing to 'volunteer'?

First, this isn't exactly a "Ditto" sort of Thing. Second, because
applicable law varies from one U.S. state to another, for state court
jury summonses, and federally, for federal court such summons, you
would need to be more fact specific about the answer to the "where?"
question and also about why the prospective juror refused to comply
with a jury summons.

But the more or less generally correct answer (and it ain't an "I
believe" kind of thing) is that the refusnik can be (and some are)
subject to civil contempt sanctions and, in very serious situations,
to criminal prosecution.

> Please no "I believe" opinions.
> SHOW ME THE LAW!

A typical such provision -- there are comparable ones in all other
states -- is Calif. Code of Civil Proc. § 209 ("Any prospective . . .
juror . . . summoned for service . . . who fails to attend as directed
or to respond to the court or jury commissioner and to be excused . .
.. may be attached [arrested] and compelled to attend . . . . [and
subjected to] contempt of court, punishable by fine, incarceration, or
both, as otherwise provided by law").

See also, e.g., N.Y. Jud. Law § 527. As noted, at least forty-eight
other comparable state provisions and also federal provisions could be
readily cited too.

If you're referring to a jury summons sent to you or to someone you
know, it is very likely that it cites whatever is the relevant
legislation in this connection in/for whatever place the summons is
returnable.



.

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