Showing posts with label jury duty. Show all posts
Showing posts with label jury duty. Show all posts

Wednesday, August 29

Jury duty ends in triumph

When we went in to the deliberation room after the prosecution and defense counsels’ final presentations, I rediscovered the real value of the jury selection process. It had taken an entire week to put this panel together. Hundreds of people were interviewed for selection. It ended up with fourteen, the jury panel and two alternates. The twelve of us made up a varied cross-section of the citizens of the county. A man who farms 11,000 acres of almonds, a woman who’s a retired executive from one of the biggest farm services companies in the world, a man who drives for United Parcel Service, a free-lance software writer, a schoolteacher, and the sharpest promoter of his own business ever to set foot in a courtroom (more on that later), plus others whose occupations I didn’t find out.

The first duty of our panel is to select a foreperson (used to be foreman, but I digress). I spoke up and said, “If this is a beauty contest, I’m out,” Chuckles. We selected a man whose job is to hire and fire workers for a large industrial construction company. He had been a jury foreman several times and knew the ropes. We had previously listened to the long speech from the judge about our duties and responsibilities; it took the better part of an hour. Our foreman summed it up in twenty seconds: Go down the list of charges, discuss each of them and vote guilty or not guilty on each. We had a general discussion of the case and everybody chimed in with his or her opinion. It was a very revealing conversation as it proved that everyone was paying very close attention during the trial and had a good understanding of the case. One real surprise to me was the man who was off by himself during all our breaks. He never got into the juror banter when we were out of the courtroom. I assumed that since he was the only black man on an all-white jury, he didn’t relate to the rest of us. But in the deliberation room, he opened up and poured out his convictions in a huge gush. He summed up in very quick succession what all of us eventually decided on, and included the reservations he had about the prosecution’s case, the star witnesses’ testimony, the defense’s strengths and weaknesses—in sum, he had the case nailed. We all agreed with his assessment. I tell ya, United Parcel Service has some pretty savvy drivers.

The Sheriff’s Department handles the service to jurors through a bailiff. If jurors need some printed documentation, the court reporter’s notes, some drinking water—that’s his responsibility. I asked if we could get Shiatsu massages and he said no but maybe he could bring in a stray cat we could pet and pass around if need be.

As the foreman read the charges against the defendant and asked for our vote, it was “guilty” from each of us in turn, twelve times each on the four charges. Probably took all of five minutes. I asked if there was a competition for fastest verdict on something like the Guinness Book of World Records. We had finished in maybe twenty minutes since we entered the deliberation room. The software writer volunteered to look that up, but said we probably couldn’t win because that’s really not one of the things that juries should aspire to. But our guy was so incredibly guilty I’m surprised they even bothered to have a trial in the first place. But of course that wouldn’t have been fair or legal. Even in Madera County we don’t have a hangin’ tree outside the courthouse for quick administration of justice.

Oh, before I forget—the sharpest promoter of his business (mentioned above) was yours truly. During the jury selection process the prosecutor asked me what I did for a living. I told her that I worked at a guest ranch in the high Sierra along the John Muir Trail that was private land in the middle of the wilderness and had been since 1885 and had the San Joaquin River going through it and log cabins and tent cabins and hot spring baths and we delivered resupplies to thousands of hikers on America’s most-traveled hiking trail and accommodated guests for a day to a week at a time and had superb dining. All one sentence—no commas.

After the trial, the jury members met with both attorneys in the hallway outside the courtroom. I thanked them for their good work and commiserated with the hapless defense attorney. White-haired, mid-fiftyish, portly, he looked like he belonged in a movie from the 1950s. “You had an impossibly tough case,” I said. “I know,” he replied, “but then sometimes the firm gives me something I can win just to keep my spirits up.” He had a good sense of humor. The prosecution attorney was a trim athletic vibrant woman whose final summation was worthy of an Oscar. She asked if I had a card—she wants to come to the ranch next summer. I gave her my business card. One of the jurors asked for one also. They took the last two business cards in my wallet. Now I have to go get some more in case I make an off-the-cuff sales pitch to some other unlikely group.

Thursday, August 23

The chosen ones

It started a week ago, and took all day today, but finally a jury was impaneled in the Criminal Courts Department Two of the Superior Court of Madera County. Not kidding—it got down to two people out of about five hundred before the two lawyers ran out of challenges (they get twenty apiece) and we had twelve fine citizens ready to pass judgment on some poor schmuck who should’ve known better than to do what he did (if he did it, that is). As a juror on an open case I can’t talk about it but in the end, I won’t be talking about it even then. Some crimes are truly disgusting. Barf bags should be distributed to all of us.

The judge predicted that the trial will be concluded by next Thursday.

I am continuing my pattern of being a single-digit-numbered juror: number 5 last time, number 4 this time. Somehow I have been lucky to constrain my juror number to only odd or even numbers so I can easily remember them. I feel good about that; it’s empowering.

I managed to get the whole courtroom laughing about something I said, but forget what it was. Oh well, the jokes are coming to me so naturally that I don’t have to take notes. Maybe some day a book will be written about Madera County’s Joking Juror. Or maybe not.

Wednesday, August 22

Time for crime

I got notice awhile ago that I would have jury duty this week. I checked in and found out that they wouldn’t be needing me Tuesday but to check back. Sure enough I was to report on Wednesday morning. So I checked in and went to the jury gathering room which holds over a hundred people, went to the back and sat on a hard wooden bench. There were plenty of soft chairs, but hey, this is law and order and justice and should be taken seriously.

I then spent the longest hour I ever experienced in my life. Around me people’s heads were bent forward as they stared at the screens of their smart phones and ebook readers. A couple of people were old-fashioned enough to have gone over to the magazine rack and grabbed something to read. I was stoic—I just observed. I made a joke or two to some nearby jurors-to-be, but mostly sat in silence and watched the parade of people going in and out of the room. Some of them had been chosen and were wearing their juror tags, green for some, orange for others, proclaiming their juror number. There was a 4, a 6, a couple of 9s and a 14! Must be an alternate. I didn’t get to see all the numbers, so I can’t say for sure if each juror covey was complete. I’ll let the judges judge for themselves.

We were told that this was an unusual situation. Seven of the courtrooms were busy, trying all kinds of cases. Normally it’s two or so cases a week, but today’s demand was high. Finally, after marching to two different courtrooms, we got to see a judge who said it was getting late and would we please come back tomorrow morning at 9:30. Odd, I thought since court normally starts around 8:30, but since tomorrow was going to be a heavy juror induction day, there was simply not enough room to get the newbies in while we veterans would be here at the same time. “Please, don’t arrive before 9:30. There isn’t enough room,” begged one of the juror handlers.

I have the feeling I’m going to be sitting on another murder trial. Yuck. I think I’ll wear my Barfo the Clown costume again tomorrow. They hadn’t seemed to have noticed that I wore it today, too, even when they confiscated my oogah horn at the entrance. They must be desperate to get butts in the jury boxes.

Monday, October 17

Jury duty

Early tomorrow morning Karla heads off to Madera, the county seat, for an appointment with the criminal justice system. Perhaps she’ll end up sitting in the jury box at a trial to decide the fate of a robber, a rapist, a murderer.

The best way to get on a jury is to deny any knowledge of the case, sound like you understand the English language, have no preconceived notions regarding criminal justice, and look like you’re intelligent.

We’ll see if she’s selected to be one of the twelve, out of hundreds of thousands of county residents, who will have the fate of a human soul in her hands.

My experience with being a jury member leaves a sour taste. When my team presented the verdict of guilty of first degree murder, we all wanted to go home and hide under the covers for a week to diminish the guilt we felt for coming to that verdict. None of us felt good about it, and each of us probably blamed our decision on the perceived inviolability of the orders from the judge: If so-and-so is proved, then so-and-so must be the verdict. On reflection, we as a body should have rejected the judge’s instructions and nullified his orders. Problem is, the court system is rigged. Juries are told that the judge is the boss, and his or her instructions are to be followed. You would have to be on a jury at least once previously in order to game the system.

So why have a jury if that’s the case? One thing that is never told to the jury before they go in for deliberation is the instruction to “Vote your conscience.” Probably no judge in the last fifty years has used that phrase, which was routinely spoken a hundred years ago. Had we voted our conscience, the kid we sent to prison would be doing a sentence of a couple of years for bad behavior instead of twenty-five years to life for a really minor part in a crime committed by a dozen youngsters. I’m sure the prosecutor was interested only in enhancing his image of toughness, hoping to advance in the ranks of nasty bastards so he could get a higher-ranking position in the political game he was into.

Shame on me. I won't commit that crime again.

Update: After being held for hours, the prospective jurors were released around 3:00 in the afternoon. Thanks but no thanks.