Thoughts about Jury Duty….
Back at work today, and it’s nice to be here. I have to admit I’ve been thinking a lot about the past two days at Jury Duty, and not just because of the one-act play I’m about to write based on some of the characters I encountered, (HA!) but because of the process and the case I was briefed on (and eventually dismissed from). I do believe in the judicial process, but I also encountered many people who are disenchanted with it. The case I was potentially going to be involved in (but didn’t make the cut) was your typical “slip and fall” case against the City of New York. Ok, so that’s easy enough to be impartial on (except if you work for the City or maybe an insurance company…) but the person that was suing the city also had a record. A record including a charge of manslaughter.
So, my question is this: if you were on this case would you be able to separate the manslaughter charge in your mind while you were on jury to hear a civil case involving this persons injury allegedly caused by the City’s negligence? I would love to hear what you think. To be perfectly candid, I was honest and said that I might not be able to be impartial. In the past I have been a victim of crime and perhaps this factors into my bias. At any rate, I would love to hear what your thoughts are! Post them here. (and isn’t this cartoon great?)
Let ‘em rot.
That is a very good question JD and hard to answer.
Unfortunately I fear that many juries might be made up of people who don’t take the responsibility seriously, but I could be wrong.
I want to say that once a person pays their debt to society for a past crime it should not factor in to the present day. People can change and do! Although it seems that once a person heads down that road they’re destined to continue on that journey.
Quite honestly I really can’t say if I would be able to separate a pending court case from the past deeds of the defendant. This case smells though rotten to me and I would seriously question if this person was out to hit the lottery of life via a law suit.
In your case I can understand perfectly why you would find it difficult to do so.
Excellent points as always Bill! thank you for responding!
So which one of these Jurors reminds you of yourself?
HA! Good question Nick. A couple of them ring true!
Janice all I can say is that I doubt I would have been put on a jury for a slip and fall case as I just gave testimony this past fall in just such a case that members of my family was involved in…
For me ..that reason alone would have made it impossible for me to be impartial….never mind someone who had a record and been charged with manslaughter….
I cant imagine my being able to be imparial…but I will say this I did learn that when it comes to trials by juries that there is an element of it being a crap shoot…
JM.02
Good points Dawn. I’m all for slip and fall cases if you can prove the City is at fault. I slipped on a flight of stairs in my old apartment because the stairs were old and in terrible shape. I wish I had done something…if even to make sure no one else falls down and hurts themselves.
Hey Janice,
I might be able to separate the 2 but I’m not sure. Was the person only charged with MS and found innocent? If so then you have to separate the two, but I can see how one couldnt. Even if it was to just get out of jury duty. =)
Take care
Hey David. They didn’t give us much more info after that…just that he was charged with MS…he could’ve been found innocent, but I think they would’ve told us that…I might’ve been more open minded. And yes, it did ultimately get me out of being on the jury!
Janice..
Honestly I don’t think I could…it is hard for me not to hold a grudge against someone that has intentionally did something to hurt me or someone I care about..whether it is physically,emotionally..etc..I wouldn’t be a good juror for that case..or maybe any case…
deb in tn
I don’t think I could keep the manslaughter charge out of my mind, especially since there is a higher burden of proof for criminal charges compared to civil court.
Nah, I wouldn’t bother separating
Oops…I made a slip and sent my response before it was done, so….
Nah, I wouldn’t bother separating the issues for a crim. I don’t believe that people who operate outside of normal, decent, society should have the same benefits. And you have to think, because it is not unusual, that such individuals slip and fall, or otherwise scam, whenever they get the chance. Besides, we can consider it part of his payment for criminal activities. No doubt he’s racked up some bad karma and the forces governing the universe moved against him. It was just a matter of time. May he be thankful a piano didn’t fall on him.
R. Norwood
Boston, MA.
Very insightful Robert! thank you for posting!
Janice,
Priceless funny picture (and great observation!!)
About your question, I think there are two perspectives:
your own experience and the record of the man suing.
About your own experience, if the present case didn’t involve manslaughter, I don’t believe it should be relevant to the case you described…although I totally understand that as a human being, it is going to affect your opinion nonetheless.
After all, our experience in life shapes out our mind and reasoning.
And the more information we get, the more thinking we do.
That is why it is always difficult to remain impartial, even in situations where it should obviously be a necessity to remain objective like in court justice but also in professions like journalism, or even teaching.
About the record of the man suing, I agree with Bill S. that a person shouldn’t be judged for a past crime he/she already paid for; especially if there is no connection between the past crime and the current crime the person is presently charged with.
But if they are similar crimes, for instance if that person had an history of suing the city, then of course I believe it would matter. Or if the present case was a murder case, no hesitation!
Oh boy I’m so glad I’m not a judge or even a lawyer!
Actually lawyers must be easier on your mind because I doubt they torture themselves to find the truth but rather a good strategy to win..and please don’t repeat that to Megyn
In the end, I think it is impressive that you were honest with yourself Janice.
Few people are because few of us really know our own selves.
So you reacted perfectly!
(by the way, great idea about the exclusive Weather Machine umbrella…especially if it does resist winds!)
Guillaume
Great comments Guillaume. You are a very thoughtful fellow. I’m glad you are part of the blog.
Hola from London Weather Goddess,
Yes, I keep up with Fox’s loveliest even when overseas
I was on jury duty a few years back and was eventually selected to be the Jury Foreman. It was a date rape case and it lasted a couple of weeks. It is difficult to be impartial when you have been a victim of crime, especially violent crime, but for our system to work, we have to try and put those feelings aside. Not easy……and BTW, we wound up voting in the young man’d favor (the evidence did not support the charge).
Welcome back Goddess
Luis! I love London. How fun. Thank you for your thoughts. You are a smart fella.
Hello from London Weather Goddess,
Yes, even when overseas, I check in to see Fox’s loveliest
As a former Jury Foreman (Date Rape case) and victim of crime, I know how tough it can be to be impartial. However, our system works (most of the time) because we can put bias aside and look at the evidence before making, at times, life altering decision for another person. Anyway, welcome back Goddess.
Signed
Swooning in the UK
As a victim of a violent crime, there’s no way that I would not be influenced by the defendant’s previous run-ins with the law …
That being said … I’m too biased to be on a jury … and I’m not afraid to let my opinions be expressed … LOL … I sometimes get calls to participate in mock juries that one of the local market research firms does (to test the worthiness of jury trials for a particular case) …
When I lived in Los Angeles, I got a juror questionnaire from the County … They would send those out before they sent out the summons … Because I was going to college FT and working 2 jobs, I sent them a copy of my college registration/class schedule and the phone numbers of my employers … I never heard back from the County … LOL
Living up here in WA, I got a questionnaire from a local city, but sent it back cause I don’t live in that city … The post office just gives us that mailing address … This county has sooo few criminal / civil jury trials, that on the summons they tell you to call a phone number the morning of/night before your jury duty’s supposed to start and it’ll tell you if you need to report to the courthouse … 90% of the time, perspective jurors never have to show up …
I like the fact that you are opinionated Tiamat! Keep it coming!
Hang em.
Like you I would have to say don’t think I could seperate the two.
I am a believer in the history of the person has a LOT to do with what they do now.
I have also been in pretty much the same situation. And like you I made no bones about having this belief against criminals.
Good call.
Thanks Gary. Glad you posted!
No surprise I am the guy smoking the cig!
JD I couldn’t stop myself from thinking about it! That is why DH said I would make a terrible juror! My FIL was a grand jury, that is the top heap. He says it was really interesting, course he is more open minded than moi!
I think we have an over litigious society, and unfortunately people use it to make a living rather than working.
HA! I quit smoking long ago…I do miss it sometimes though…
Janice,
I can completely understand your frustration with the jury system and having practiced law and tried several cases over the years, I can say that juries without a doubt are usually far more intelligent and wise than the lawyers and even some of the judges who are involved in cases today. I always found it extraordinary how perceptive juries are and I feel that if we want to improve the system, we will go back to a rougher sort of neighborhood system, with rules and respect. The biggest mistake of our jury system is patronization whereby lawyers and judges pretend they are superior simply because they know an esoteric form of language. Things need to be simplified and sped up and left to the true common wisdom of people.
I know you are a hockey fan and as an old player myself, I heard a story recently that I thought you would get a kick out of. It’s about old Eddie “Clear the Track, Here Comes” Shack, a wild winger from the old Maple Leafs and Bruins. Apparently, one day after a game, Gerry Cheevers of the Bruins asked Shack if he read the article about him after the game the night before in the Boston Herald. Shack said, “No, Cheesy, actually, I can’t read.” Cheevers, said: “What? How far did you get in school?” Shack said: “Third grade.” Cheevers said: “How’d you get out of third grade?” Shack said: “Easy. I lent the teacher my car.”
Take care,
Dave
Dave! Thank you for posting — I was curious to hear from someone that practices law. Great points. And awesome hockey story too. You had me laugh outloud!
hey, jd, good ‘toon
as far as if one could be objective enough to weigh on someone’s fall suit - history, yours, theirs and the city’s, should have no bearing, except if it relates to the suit. how many times has the city been sued surrounding this location (is there an issue of negligence?); how often has the accuser been in court suing various entities (is there an issue with fraud)
in this situation it should be relatively an easy answer, but then again, everything is relative
glad you’re back on set
JD I don’t smoke I am the juror that says Guilty over and over! Glad you quit it will adds years to your life!