Tuesday, September 01, 2009

Jury Duty

Spent my first day in the Jury Pool Lounge of the New Orleans Criminal Court. I have to say it wasn't all that unpleasant an experience. The folks running the Jury process seem to have the system pretty much down pat, and are very nice and willing to try to accommodate anyone's scheduling issues.

On my first day, I lucked out and didn't even get called up for the Voir Dire, which is the process of questioning a select group of potential jurors for possible seating in a jury. We, the unneeded, were released at 11:30am. I have to admit to being impressed by the whole experience and think that there is some truth to the claim that the New Orleans Criminal Court is "gaining in efficiency." And the free coffee was pretty darn good, too! Thick, black, and flavored with chicory. Just how I like it.

Thinking on what my month in the jury pool might look like, I couldn't help but read with interest a jury handing down a death sentence for a man convicted of murdering five people in a shooting rampage in Central City. I wondered if I might be called to serve in a capital murder case and if I would be selected. Of course, I am morally opposed to the death penalty; but I think I could honestly answer a question on the subject during a Voir Dire session by stating that I recognize that our legal system recognizes the legitimacy of the death penalty as an appropriate punishment for particular crimes. Of course, that skirts answering my own position on the subject, but it would be a true statement and might cause a defense attorney to fight for my inclusion in such a jury and might be vague enough for the prosecution not to object to my inclusion in a jury pool. But, if they ask me point blank about my position, I'd have to declare my moral opposition to the death penalty. Given this, though, my goal would be to get on such a jury and hopefully be able to save a life.

In any event, I should be able to get a lot of reading done while waiting in the jury pool lounge!

7 comments:

  1. "Given this, though, my goal would be to get on such a jury and hopefully be able to save a life."

    I started to make a statement about this being a misleading evasion of proper law enforcement... but based on that fact that I would most likely lie, cheat, steal, or worse to get out of doing jury duty, I think I'll suspend judgment on this one!

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  2. I understand the concern and I wouldn't want to engage in a misleading evasion of proper law enforcement. But this is why I chose the phrasing that I put forth. I also said that if the judge/attorneys during the Voir Dire point blank asked me for a "Yes/No" answer on whether I supported the Death Penalty, I would be honest and say "no." So, I fail to see how anything I wrote would be an evasion of proper law enforcement -- any more than the way attorneys and politicians ask questions or respond to questions in indirect and vague terms.

    But what surprises me in your comment, Eric, is the strong feelings you have about not doing jury duty! That's one of the hallmarks of government of, for, and by the people. Why would you want to run from this civic duty?

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  3. "Why would you want to run from this civic duty?"

    Because my county courthouse is 40 miles away, and I have a business to run, a family to support, and my own little trials of judgment to deal with every day.

    IMHO, my civic obligation is more than fulfilled by the huge amount of taxes I pay. Get my total tax contribution under 10% of my income, and then I'll start worrying about not doing my fair share for my community... till then, if "society" wants to lay claim to any more of my time, money, or productive capacity, they're gonna have to fight for it.

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  4. I understand your rationale, Eric; but should you ever need the benefit of a jury of your peers, I would imagine you would hope that people who share your values would also be hearing your case. Part of the reason why we see such obscene jury verdicts in civil and criminal trials is because of who ends up sitting in a jury. You can devolve that responsibility to others on the argument that you are already doing your fair shake, but I don't think it would a stretch to imagine that if more folks like you actually sat on juries, then perhaps our tax burdens might actually be lighter and more criminals might actually be convicted thus making our communities safer.

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  5. "...should you ever need the benefit of a jury of your peers, I would imagine you would hope that people who share your values would also be hearing your case."

    Not necesarrily... if I was up on murder charges, I'd be pleased as punch to have an anti-capital punishment person such as yourself on my jury!

    "You can devolve that responsibility to others on the argument that you are already doing your fair shake..."

    If only that were true, but I can always try.

    "I don't think it would a stretch to imagine that if more folks like you actually sat on juries, then perhaps our tax burdens might actually be lighter and more criminals might actually be convicted thus making our communities safer."

    First, my community is extremely safe. Second, I don't think it is the criminals who are making my taxes high, at least not the criminals who are likely to be found standing in front of a jury.

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  6. Yeah, Eric, but if you were up on charges of refusing to give your employees access to the Family Medical Leave Act or that you bilked your employee pension fund, I'd think you'd want a couple of folks who understand business decision-making on the jury. Besides which, if you were up on murder charges and were presented as an unscrupulous exploitive capitalist Scrooge who caused the death of Tiny Tim, I'd think you'd want some like-minded allies on the jury. Unfortunately, folks who sit on juries and oppose the death penalty tend to not be like me who opposes the death penalty on principle. Most folks on juries oppose the death penalty for the person they see as the social underdog like themselves, not the social overlord like they may think of you. In fact, they probably think you have it coming to you generally, whether or not you are actually innocent of the specific charge.

    My point about taxes wasn't about criminals, but about juries awarding punitive damages in the tens of millions as a "stick it to the rich corporation or the oppressive state" mentality -- all of which ends up filtering down into the costs of actually having to run the justice system.

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  7. Did you put one of those Louisiana hoodoo curses on me? My wife got a jury duty summons notice this morning!

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