Jury
Duty
“A
jury consists of twelve persons chosen to decide who has the better
lawyer.”
Robert
Frost
I'm
on Jury Duty this week. I've been selected many times before, but
have never been put on a jury. Yesterday, I was in a pool for a trial
involving a car accident. Thirty people, randomly selected, answered
questions put to us by the lawyers for the plaintiff and for the
defense until almost four o'clock. Were we ever in an accident; did
we have injury; had we ever gone to a physical therapist; was the
therapy painful; did we have any biases concerning age-appropriate
driving; and so on. The lawyers for both sides were cordial,
respectful and at times jocular. They thanked every person who'd
served in the fire dept, military, or police and even one guy who'd
worked on the railroad. They were duly somber when some told of
losing loved ones in automobile accidents. They smiled, laughed and
showed a full range of emotions. In the end, every person who might
have had knowledge of either the injuries or the law was struck,
including me. Again.
I'm
not sure what thinking goes into choosing a jury, but sometimes I
think anyone who's actually a “peer” is the first to be ruled
out—too close to bias. I want to be of service in this way because,
by and large, I think our judicial system, while fraught with flaws,
is still as transparent as any in the world and better than most. At
least we go to the trouble to painstakingly choose a jury. But I do
see how a good—and attractive—lawyer changes the outcome; how the
very personality of the lawyer and his/her ability to put the jury at
ease makes a huge difference. Competence and performance are just as
important as evidence.
I
like the fact that there is a cross-section of humanity in the jury
pool. There seems to be a balance of rich and poor, educated and not,
savvy and simple. In that respect, we are a valid sampling of the
community. I go back today. Hopefully, I will be allowed to serve.
In
the Spirit,
Jane
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