Jury
duty would be fantastic if it weren’t for the people.
I
don’t actually mind jury duty. In most
cases I would probably be selected if it came down to it. I don’t have a lot of traumatic events in my
life that would emotionally color my view of evidence. I understand how judge instructions work, and
I’ve been a debate coach/judge for the better part of 20 years. I can set aside most of my personal biases
and weigh a case based on the arguments presented.
But
the people. Good lord, the people!
First,
there was Overly-Pedantic English Teacher.
On day two, when the judge gave instructions (for a solid ten minutes) about
personal relationships and potential bias, and then asked the jury pool if
anyone knew the prosecuting attorney, everyone said no except Overly-Pedantic
English Teacher. He said yes and raised
his hand. The prosecuting attorney looked
at him funny. The judge looked at him
funny. Everyone in the room looked at
him funny.
The
judge asked, “Overly-Pedantic English Teacher, you know Mr. Prosecuting
Attorney?”
“Yes,”
replied Overly-Pedantic English Teacher, “we were introduced to him yesterday.”
The
entire room groaned. The judge went back
over his instructions about personal relationships.
Thank
you, Overly-Pedantic English Teacher, for taking up a good half-hour.
But
Overly-Pedantic English Teacher wasn’t the worst.
There
were also two people with obvious (and understandable) biases. First was Oversharing Mother Whose Son Has
Legal Troubles. When asked if she could
set aside any bias for or against a uniformed officer, we got to hear all about
how her son was street racing, and even though the car was registered in her
name, it was still impounded and every single officer or employee at the police
station was rude and overly sarcastic.
The
judge asks, “Oversharing Mother, do you think you could put aside those
experiences and weight the evidence you heard without being biases for or
against the uniformed police officers?”
Oversharing
Mother replied, “It would be hard.”
“It
would be really difficult because—”
And
then Oversharing Mother told us more about her woes and raising a teenage boy
who likes to drive fast.
Ladies
and gentlemen, if a judge asks you if you may have trouble believing anything a
uniformed officer might say, and you have a clear emotional bias, YOU SAY
YES. You don’t tie up the proceedings
with a long diatribe explaining the nuanced details of your life. YOU SAY YES.
When the judge asks you why, you simply say, “Based on my experience I
believe there is a culture of bias among uniformed officers that would
emotionally compromise my ability to judge the worth of their testimony.”
That’s
it. That’s all you have to say. Done.
Out. Peace.
But
the gentleman who will forever remain ingrained in my life as having wasted a
good twenty minutes of the courts time while the judge repeatedly tried to get
him to answer “yes” or “no” to straight-forward questions was, Adamantly Not Your
Man.
Adamantly
had a personal bias that was very understandable. A family member has suffered eerily similar
circumstances to the charges against the defendant. Here’s what happened when the judge asked him
if he had any biases:
“No
your honor,” Adamantly adamantly stated, “but I can tell you right now I’m
Adamantly Not Your Man.”
“Why
is that, Adamantly?”
“Because,
I have a family member [insert five minute long terrible story of suffering
eerily similar to the charges against the defendant here]. So you see, I’m Adamantly Not Your Man.”
“But,”
the judge pressed, “while that’s a horrible story, it has no direct bearing on
whether the defendant is guilty or not, correct?”
“Well,
you see your honor, my family member [more of the terrible story inserted
here], so I’m Adamantly Not Your Man.”
“But
again,” the judge insisted, “while I sympathize, you understand that the
defendant wasn’t part of your family members terrible story. The defendant is presumed innocent until
proven guilty. That’s why we have a
trial.”
“But
you see, your honor, I’m Adamantly Not Your Man.”
“So
you have an emotional bias that won’t allow you to hear the evidence and weigh
it to arrive at a verdict of guilty or innocent?”
“No,
I’m not biased, your honor. I’m
Adamantly Not Your Man. No bias or
bigotry whatsoever.”
Yes,
Adamantly, you are biased, and that’s ok.
You’re biased because of a very personal, very traumatic set of events
that happened to someone extremely close to you. If you weren’t biased, I’d be more concerned
(such as Miss Don’t Worry It Didn’t Affect Me Long Term).
But
why, for the love all that is good and decent and kind in the universe would
you make the judge spend ten, fifteen, twenty minutes trying to get you to say,
without caveat, that you are or aren’t biased.
My
friend, your response is this: Yes, your honor, despite my best efforts, I’m
emotionally biased toward any victims, alleged or otherwise, and I would have a
hard time weighing any contrary evidence.
I understand this shouldn’t be the case, but it is. I am biased in this case.
Imagine
my shock when all these people were released from service.
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