September 6, 2008
Call to duty
I got a knot in my stomach when I saw it in the mail. I’ve never tried to avoid jury service. Despite whatever deficiencies it may have, I believe in our justice system. I believe it’s a right, a privilege and a duty to serve when called. I’ve been called on several times in the past. Several times I spent a few days waiting at the courthouse but never being selected to actually sit on a jury. Once I was selected, but the civil case was settled just as the trial was supposed to start. Then there was last time. Last time I was seated on a jury hearing a criminal case. The man on trial had already been convicted and had already served some of his sentence. There was a question of the constitutionality of his conviction, so he was granted a retrial. As jury members we knew little of this. We didn’t know that the man had been convicted and were told only that this was a retrial and we were not to be concerned with why.
I watch a lot of crime TV. The first adult books I read were detective novels and police procedurals. While there’s a lot of realism in such fiction, it does nothing to prepare one for involvement with our real-life justice system. The proceedings of the court may have a familiar feel - how many times have you seen the same thing on Law and Order? - but the awareness that you are involved in the lives of real people lifts it to a different realm. The case we were hearing involved a murder. The wife of the victim testified early on. She was not allowed to sit in the courtroom once she had testified, but we saw her each day. The prosecutor made sure we did. She sat on a bench right outside the courtroom door. I have no doubt that the peacock blue jacket she wore each day was a device recommended by the prosecutor’s office. They wanted us to see her each time we entered and left the courtroom. They wanted us to be constantly aware that she was a woman who was alone because her husband had been brutally murdered. We all knew that we were being manipulated, but it worked anyway.
It doesn’t bother me when Gil Grissom collects insect specimens from a body on CSI. It makes me a little squeamish sometimes, but I watch anyway. It’s only fiction. In real life, I almost passed out when we were looking at photographs of what was left inside a man’s skull after several days of exposure to insects and the elements. I don’t know if I gasped out loud or if it was something in my face, but the judge asked me if I needed some time - should he give the jury an unscheduled break? It did not feel right to inconvenience the jury or any of the others involved, so I said no. Later testimony and evidence was equally unpleasant, but those first photographs prepared me and I was able to control my natural inclination to react or look away.
I was selected by the other jurors to serve as foreperson once we retired to consider the verdict. It was a no-brainer. The murderer had confessed, so the only thing we needed to consider was whether he was of sound mind when he committed the crime. He claimed it was a momentary loss of control due to emotional distress, but I reminded the jurors that he came to the scene with the murder weapon- a machete - hidden inside a lawn chair. We took less than an hour to reach our guilty verdict.
That was my last involvement with the justice system. Despite my feelings about duty, I had hoped it would be my last ever. I still do. Since I don’t have a doctor I can’t provide the court with a medical certificate, but I’ve written them a letter asking them for special consideration. My medical condition would make it extremely difficult for me to serve. That’s legitimate, but I’ll admit that I think I would be reluctant even if I were in perfect health. I think the courts should make a special allowance for people who have served as jurors for cases involving heinous crimes. Once in a lifetime should be enough.
Technorati Tags: criminal justice, jury duty
Posted by skeet @ 11:13 pm • Society & culture
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September 7th, 2008 at 1:25 am, Jennifer Says:
I’ve always thought they should have to call all the citizens who have never been called/never served on a jury before they re-call those who have served.
September 7th, 2008 at 6:50 am, Flo Says:
I got one of those the other day too. In fact, almost everyone I know got one. They must be blanketing the island preparing for next year.
I have never served on a jury and I’m dying to. I know, I’m crazy, but I’ve always wanted to do it!!! I just hope I’m still around when if I get picked.
September 7th, 2008 at 9:21 am, skeet Says:
I agree, Jennifer. Maybe they could offer us an alternative after we served on something horrifying - some other form of community service that would allow us to give back without putting us through that again, ya know?
September 7th, 2008 at 9:26 am, skeet Says:
I get it, Flo. I was happy & excited to serve. Now I’ve been there & done that. It’s not so much that I don’t want to serve again. More that I’d like to pick and choose how I serve. It’s such an awesome and weighty responsibility and I really don’t think anyone should be forced to bear it twice unless there’s no one else avaialble. I’m pretty sure there are others available who have never served.
September 7th, 2008 at 9:26 am, Colleen Says:
If they won’t give you a medical release, I’d think the fact that you served in a bad case and delivered a guilty verdict would be enough that one of those lawyers wouldn’t want you around this time.
September 7th, 2008 at 9:36 am, skeet Says:
I think it should, too, Colleen, but I’ve already thought about drawing their attention to that if I should have to go into the courtroom for possible inclusion: “Yes, I’ve served before. We put the murdering slime away for life and I’m prepared to take this scumbag off the streets, too.” I think they’d show me the door pretty quickly.
September 8th, 2008 at 8:04 am, Tony Says:
Skeet, I fully agree with you on this one. I’ve gotten jury duty several times and it always ends the same way… as soon as they go through pool selections I am eliminated and sent home and don’t even have to report the rest of the week. You see, they almost always ask, is anyone currently or has ever been a law enforcement officer. I now play with this and sort of say, “Well, it was a long time ago and… ” and both the Defense invariable says, thank you but no thanks
September 8th, 2008 at 10:03 am, skeet Says:
Tony, the questionnaire only asked about current affiliations, but I’m sure courtroom questions would open the door to a confession that I was engaged to a cop for two years and dated only cops for a decade or so …