Thursday, March 27, 2014

Jury Duty

I survived three days of jury duty- the whole experience was very interesting and I learned a lot.  The case was against a man who was found with a baggie of drugs in his pocket during a traffic stop.  When clearing out his vehicle after it got impounded, police found glass pipes, a scale, and other evidence of drug abuse in the truck.  The problem was all across the board, the police work was pretty shoddy.  Some minor things were mis-reported on the police files, one of the officers was fired later for shoddy work although not necessarily on this case, no pictures were taken or description given of the distinctive patterned baggie the substance was in, and most problematically, the meth in the baggie was weighed at 1.4grams at the station, but only weighed  .6 grams when weighed by the chemist testing the drug.  There was “reasonable doubt” about whether the bag tested was the same one seized so although the decision was hotly contested, in the end we declared the man not guilty.   

 In no particular order here are a few things I learned. 
1.        The right to a speedy trial does not extend to jurors.  We waited...a lot.
2.        You learn who your friends are when you ask for people who are willing to watch your kids for an entire day on last-minute notice.  Thanks everyone for helping out.
3.       Being a working mom is exhausting.  How do people do it?  After three days I feel like my house has fallen apart and it will probably take me all weekend to feel caught up.
4.        If you want to be excused from jury duty on a meth possession case have a great story about how your cop wife got attacked by a meth head on a traffic stop, killed the assailant, and had to move out of state due to harassment from his gang.
5.        Real trials are not like tv but sometimes are. I tried valiantly to suppress smiles when defense made a motion to dismiss almost every piece of evidence submitted by the prosecutor.   Motions denied. 
6.       Justice can be served without justice being done.  The justice process was followed perfectly by our jury but although we knew "most likely" that this man was guilty, the police work was so shoddy that there was enough "reasonable doubt" that we couldn't convict him. 
7.       People are like squirrels.  It was so hard to keep the jury focused on the pertinent issues of the case.  There was one count of possession of drug paraphernalia that got dropped during trial since it quickly became obvious to the prosecutor and the jury that there was no way to make it stick, but members of the jury kept going back to that even though it was off the table by the time we deliberated.  I wanted  to pull my hair out.
8.       The judge read 14 pages of standard preliminary instructions and 16 pages of instructions for the jury prior to deliberations.  The court stenographer had to type them word for word.  I wonder if she will ever forget them since she has undoubtedly typed them hundreds of times.  I feel her pain- I too in the course of doing my job have to repeat the same things hundreds of times.  It's not fun.
9.       If you are a lawyer do not re-read three pages of the instructions the judge just read to us.  We are not stupid, and we will not like you. 
10.   Crime doesn’t pay.  This man was found not guilty, but he will pay for his drug abuse.  A good lawyer and poor police work may have helped him evade legal consequences, but the hard life he has lived showed all over his face.  There are some consequences that no one can avoid. 

I am proud to be an American where every citizen has the right to a fair trial.  Serving as a juror made me realize how seriously we take justice in this country no matter who is on trial.  Very neat experience but not one I am in a hurry to repeat anytime soon.