TheBanyanTree: Flunking the Juror Test

[Tom Smith]

              Flunking the Juror Test

Had a non-routine couple of days last week, when I reported
for jury duty.  Ended the first day in the initial 12 person
jury on an arson and insurance fraud felony trial.  I was
the second person kicked off the jury "without cause."  It
was the prosecutor who didn't want me on the jury.

One of the problems I have with being on a criminal trial is
that unlike jurors, the defendants most definitely are not
picked at random.  Each and every defendant is guaranteed to
have credible evidence against them in order to end up in
court facing charges; evidence fequently backed up with 
"probable cause."  Since that is the reality, I predict
that most criminal trials result in convictions.  I called
the District Attorney's office to find out what their
conviction rate was, but so far, have not received an
answer.  If the rate is say 90%, you could argue to a judge
in a case you didn't want to be on, "Your Honor, I sincerely
believe the odds are 9 out of 10 that the defendant is
guilty."  

The judge in the case I was briefly on pulled a trick on us. 
She said to us prospective jurors, "If I were to ask for a
verdict right now, how many of you would vote 'Not Guilty'. 
I didn't raise my hand, along with about half the others. 
The judge then explained to us that here in America, we are
innocent until proven guilty and asked us the same question
again.  Maybe I was too slow raising my hand the second
time, but in that case it should have been the defense
kicking me off, not the prosecution.  

I think the prosecution did some homework and found out
about my flunking an attitude test long ago.  41 years long
ago, I spent my one and only night in jail for using profanity
while insulting police officers who I felt were harassing me
instead of fighting crime.  (The technical charge was
distubing the peace of a couple walking by, with whom I had
zero actual interaction.)  Though I would not set a criminal
free just to settle a grudge with the police, I would be
sure be happy to acquit one of those innocent 10 percent.  I
like the fairness of our system, and though the judge said
beforehand to those about to be kicked off, "Don't take it
personally," I wish I'd been given the chance to be fair.  

Tom
deserthiker2000 at yahoo.com


		
__________________________________ 
Do you Yahoo!? 
Meet the all-new My Yahoo! - Try it today! 
http://my.yahoo.com