Jury Duty

 

Have you ever had ‘jury duty’?

Probably have been called because it is part of being an American. Other than voting, being called to ‘jury duty’ is an inalienable right to be judged by a group of peers or those who is equal to another in abilities, qualifications, age, background, and social status.

A jury hears the evidence from the prosecution and the defense and then after being instructed by a judge to be impartial go into a room to deliberate.  

One will be elected foreman to count the votes of ‘yea’ or ‘nay’. If everyone agrees, the jury presents a verdict to the judge and can then dismissed and go home.

I’ve been called to ‘jury duty’ a couple of times.

Employers have to let you off work to serve ‘jury duty’. It is the law.

There are ways to get out of ‘jury duty’ but why not participate? Like voting, it doesn’t hurt and you feel better after your service to your country (or county or township).

The first time I got a notice for ‘jury duty’ my instructions were to go to the local courtroom waiting area where other inductees were to be seated and wait until called upon. The holding pen was a large room with lots of chairs and folks from every variation of society. There was no television but some old magazines to read to pass the time. This was before cell phones and WiFi.

The bailiff would be the master of ceremonies. We were all given numbers and a roll call was taken. Seems if you don’t show up for ‘jury duty’ you are in contempt of the court and are in big trouble.

Depending on the number of cases that day, a couple of dozen numbers were called and told to appear outside of a courtroom. Some officer of the law would single file show you to some seats to await the next step in this activity.

The court official calls out numbers and one by one we enter the jury box until all the chairs are filled. This is where the fun begins.

The two lawyers look at the potential audience to their performance and with little other than appearance decide to give thumbs up or thumbs down to you. You don’t apply for this job with a resume.

After the final dozen are settled upon the judge dismisses all the rest to go back to work or whatever they do. They still get paid for just showing up.

Yes, you get paid. I’m not sure that the payment was worth an enticement to attend the party, but lunches are free and you get to go home with pocket change.

Seems now a days, everyone is going to court. Acting badly or over indulging to become a public nuisance you get a ticket to appear at court or hauled away in the paddy wagon.

Courtrooms are spectacular examples of how much we give the law reverence. A bench upon a pedestal surrounded by flags and clerks who run about shuffling papers is at one end of the room. Two tables for the lawyers face the bench. The jury booth is to the side to equally watch all the action. It is the best seat in the house. Behind the lawyers is usually a fence and rows of pews for reporters, family members and people who are just bored and want to watch the judicial system in action.

When I was first called to step into the box for viewing, I figured I’d be rejected by my appearance. I was wrong. The little old housewife was rejected. The guy in the three-piece grey suit was rejected.

Finally there were twelve of us that the lawyers agreed could be the ‘peers’ of the defendant and the game was on.

The reason for us to be called was the ‘accusation’ that this black guy had raped this white girl. I kid you not. Why not start off at the top?

We didn’t know the guy. We didn’t know the girl. We didn’t know the lawyers (except for Michael Morechower, a flamboyant lawyer of the time).

So here is how it went as I remember.

The prosecutor brought the young woman to the stand. She wept her testimony of leaving a club to get some cigarettes and meeting this guy who persuaded her to get into his car and go behind a nearby theater to perform a sexual act and then go to his apartment to perform more sexual encounters until the next day when he took her back to the same location.

There were no other witnesses or testimony.

The defense did not call the defendant to the stand.

The two lawyers concluded their summation and the judge directed us into a jury room to deliberate. This is where it becomes interesting.

I don’t remember the genders or races of the dirty dozen, but we immediately had one who wanted to be the foreman and passed out slips for us all to vote ‘yes’ or ‘no’ on. Convict this guy we were just introduced to with a story told by another person we know nothing about with a couple of lawyers trying to persuade us to vote ‘yes’ or ‘no’.

However we choose won’t affect us. We walk out of the courtroom and back into our daily life. The contestants in this game could lose money, reputation, employment opportunity or imprisonment. ‘Jury duty’ is a survey that has life altering consequences.

Don’t remember any racial slurs or sexual innuendos but there was a definite air of conviction and quick conclusion to this ‘jury duty’ in the room.

The mind wanders to ‘what the chuck?’ and thumbs down on some schmock who messed up and got caught or a possible sexual predator that we can stop now with imprisonment.

The first vote was quick. Guilty, Guilty, Guilty, Guilty, Guilty, Guilty, Guilty, Guilty, Guilty, Guilty, Guilty, Not Guilty.

The idea of a court case is to prove the defendant is guilty ‘without a doubt’.

I knew the area the girl had described. I had live a block away from where the incident was to allegedly happened. I had attended the club she talked about. I knew the neighborhood.

I also wondered the people she was with didn’t testify? They didn’t go looking for their friend? Was there a cigarette machine in the club?

I wondered if this fellow she met in the parking lot of a 7-11 didn’t threaten her with a weapon, why did she get in the car with him? Why did she continue to his apartment? Why did she wait later to report the ‘crime’?

The immediate reactions were a simple black guy vs white girl and he was guilty. Everyone just wanted to throw in the cards and move on.

My only question was if this was your daughter? What if that was your son?

We debated about the weather, the cramped room, being taken away from the normal routine to be worrying about two kids who ‘may’ or ‘may not’ committed a crime.

After several hours we took another count. Guilty, Guilty, Guilty, Guilty, Guilty, Guilty, Guilty, Guilty, Guilty, Not Guilty, Guilty, Not Guilty.

We went back to the judge to say we couldn’t decide and he sent up back to our room. Convincing 12 people to agree on anything is difficult, particularly when you have southern bias built in.

Finally the judge said we could leave for the night and come back in the morning and continue.

It was late for the buses and I didn’t have my bike so I asked if anyone was going west. Walking home at that hour was possible but not my first choice.

One of the jurors offered me a ride and we drove down the street where the alleged crime was committed. We didn’t discuss the case but both noted the location.

The next morning with coffee and doughnuts, we proceeded to take another count. Not Guilty, Guilty, Not Guilty, Not Guilty, Guilty, Not Guilty, Not Guilty, Not Guilty, Not Guilty, Not Guilty, Guilty, Not Guilty.

After an hour we all agreed. Not Guilty.

The judged thanked us for our service and we were released for another couple of years until our number came up again.

Don’t know what happened to the girl or the guy because the newspaper only publishes guilty verdicts.

I attended a jury duty request and was never picked. I attended a jury duty request where after the prosecutor presented their case, the judge excused the jury. When we were called back to the courtroom the judge apologized for our time since the prosecutor had not prepared and dismissed the charges.

Seems to be everything you do requires a lawyer. There is enough crime presented in the media with opinions instead of facts that any jury would have a difficult time to be objective with a verdict.

Best not to break the law to find out.