Monday, October 06, 2008

Juror'd

I have been summoned as a juror in Kane County. Presently I am sitting in a large room with about 250 of my fellow jurors. Jury duty is one of the only functions of the State that I actually don't need to be threatened with violence to comply with. I'm rather hoping I am selected and get to sit on a trial for some poor schmuck who committed one of the State's innumerable imaginary crimes.

We've been told a handful of times that we will be waiting for the majority of our time here, and thus I am currently waiting. The first
20 or so jurors were called up right before I started this post and since then nothing has happened. Free coffee and donuts are being served to keep us pacified. Can't say I mind that.

One thing I've definitely noticed is that while over 23% of Kane County's population is Latino, I would estimate that 99% of the juror pool here is white. I see two black people, an Indian, and ZERO Latinos. Jury of your peers indeed. I wonder what percentage of crimes are committed by Latinos in Kane County?

Well, more updates later if something interesting happens. Though I'll be forced at gun point to turn off my BlackBerry if I get called upstairs. So much for free speech I guess.


Update: (9:30 A.M) twenty more jurors called, myself not included. One annoying factor is that there are 8 overhead televisions providing limited entertainment. As soon as I sat down the channel was changed from ESPN to Home and Garden Television. I think the guy who controls all the TV's thinks he's getting points with the ladies or something.

Update:(9:45). I've been called.

Update: (12:00) Well the jury selection went like this. Twenty-five of us were called upstairs to the court room and told to sit in audience section of the room. Then four jurors were called (apparently randomly) to sit in the juror box where they were questioned first by the judge, then the prosecutor, then the defense. If any of those three had objections to the juror being questioned the juror was sent home. All in all sixteen jurors were called to sit in the jury box. Three were released to go home, and one was set as an alternate. After this was done the trial had enough jurors and the remaining nine of us who were never questioned were sent home.

I am convinced that had I been questioned I would have been excused. Among the questioned asked of the jurors two of them would have made the prosecution, if not the judge, excuse me immediately. The first was, "do you have any opinions on the legalizations of drugs?" Well yes, I do, actually. The second question was, "If the judge instructs you of the law would you be able to follow the law even if you disagree with it?" I find this question to be appalling. I think it should be illegal for the prosecution or judge to ask this question before a jury trial. What the question basically means is that if I find their laws to be morally repugnant, I still have to abide by them and convict people of them. It means, for instance, if there were still laws legitimizing slavery, I would have to convict black men who ran away from the captors. It means, if there were still laws segregating race, that I would have to convict a black woman who sat at the front of the bus.

After we were excused the judge gave some ridiculous speech about how were were all doing our civic duty by serving on a jury, even if we weren't selected. And that "Your government wouldn't work, and it is YOUR government, if you as citizens didn't serve as jurors. That is what democracy is to me." Well apparently this judge does not believe his own rhetoric. If this were a free society the jury box would be the last stand against unchecked government power. See, we don't REALLY have much say when it comes to voting. I mean they'll tell us our vote counts, but really your one out of a hundred thousand, or even hundred million, hardly effects the governments actions. Sure, you can vote for a different legislator but how much say do you have over what the person legislates? Case in point the recent bailout vote, which the public was overwhelming against passed anyway.

But one place in which we do have a direct say on the matter of legislation is in juries. There, one vote can stall the State's legislation. And just twelve votes can overturn it outright. But jury votes in favor of the State's laws lend them legitimacy. Which is why, when you take people out of the pool who object to the laws legitimacy, you stack the deck in favor of the State. I mean all trials are already stacked in favor of the State since every person except for the defense lawyer (and even him in some cases) who is executing the trial is on the State's payroll. Taking people out of the courtroom who think independently, who do not believe in the laws of men but the Rule of Law, or who do not see legitimacy in the State at all, expose the whole system for the sham that it truly is.

Well, it made for an interesting, yet boring day. And in the end somewhat pointless.

UPDATE: Jeez, I totally forgot to mention that the trial was for a young latino man (maybe 19 or 20) for the imaginary crime of "possession of a controlled substance." All the jurors selected save one were at least 50 years old and white. And like I said earlier, 99% of the jurors that were called were white.

7 comments:

S.M. Elliott said...

I'm jealous. I've always wanted to be called up for jury duty, but it just hasn't happened yet!

Scott said...

Yeah, it was interesting, but ultimately a little anti-climatic as I was sent home without actually participating in anything.

Laura said...

They allow you to have computers in the room? I wonder if that's a county thing. In Cook County you're not allowed to bring any electronic equipment in the room with you. I've never gotten selected, but I have been summoned twice. Once for criminal and once for civil. It is an interesting experience.

Scott said...

Well I did this post from my BlackBerry, not a laptop. But others did have laptops, yes. You couldn't bring anything turned on in the court room, but the waiting room actually had free wi-fi.

SadieLou said...

Maybe I should stop writing excuses to not go to jury duty and actually do it one time?
I wanna be just like you.

lol camping

Seriously.
Hi Pinkie! I mean, Crystal.
~Sadie Lou

Laura said...

"Maybe I should stop writing excuses to not go to jury duty and actually "
do it one time?"

As a judge once told a friend of mine who tried to get off a jury for work/school reasons - there are two ways that you get the opportunity to serve your country, join the military or serve on a jury. It's very true - our legal system is based on our participation. You really should go next time, just for the experience.

EnnisP said...

The jury box is designed to uphold law not pass it or judge it. I think it proves the character of the system to allow those who cannot in good conscious uphold a particular law to bail out. That is at least an admission that maybe the laws aren't perfect and could be reworked. There is humility in that.

And, for those who really care there are many other options for changing unfair laws. The pursuit requires a sacrifice but change is possible.

But, if we could inact law in a jury box would you be happy if the one descenting vote on a jury allowed a slave owner to "get away with it?" Unfortunately, it does work both ways.