Peer Level
There it was…..right there in my very own stack of personal correspondence and bills which would never be read before going to the shredder… The Summons.
I am now officially an adult, and I have been requested, and rather strongly I might add, by the county of Palm Beach to serve on a jury of someone’s peers.
Jury Duty. Hmmm,,, somehow, I always thought you had to be a property owner in order to qualify, but I guess not. Somehow I thought that just about anyone would be called for that – except me. I mean, this is something other people do – other adults, not me. I enjoy my cloistered life, and the real world just doesn’t come crashing beyond my gate that often.
Instantly, my mind begins the race… How to escape?? I’ve heard from all the experts in the past: “Just tell them you hate black people.” Or “Just refer to ‘them people’ or just use sweeping generalities… “Or you could say things like: “Oh great.. he commits the crime.. I get the sentence!” “That should get ya free!”
I need to do something though – I just don’t have time for this. I have a job you know. And it' not like just anyone can do it in my stead. What I do is highly customized to meet the needs of my employer and while yes, while there Is an employee procedure manual – it’s all in my head and I have been writing it up there since day one, nearly three years ago. This is simply too much of an inconvenience.
“Take I-95 to…. And park in the lot behind the convention center. Parking is free and shuttle service will be provided.”
“Ladies and Gentleman, we would like to thank you for your time today. We know that there are a thousand other things you’d rather be doing right now and we appreciate your selfless contribution to the one aspect of our judicial system, above all others, that makes our democracy great.” (First of all, how could anyone work in or around the court system and not know that what makes our country great is that we do NOT live in a democracy.. but a Representative Republic… ) Yes, there are a thousand other things I’d rather be doing right now – a root canal without the luxury of painkillers tops the list at this particular moment.
“When your name is called please meet in the front office, with the officer of the court, (more commonly known as the bailiff) and he will escort you to Judge Labarga’s courtroom.”
(hmmm Labarga… why do I know that name? – ah, yes! This is the judge who presided over the now world-famous Palm Beach ‘Hanging Chad’, Bush/Gore recount fiasco in the year 2000. – please note: this comment is in NO way meant to demean or slight Judge Labarga, whom, in my opinion is probably one of the more brilliant minds I have seen in quite some time, and truly a valuable asset to our legal system.)
Two grueling days of questions… while potential jurors sit and fidget, and look at watches, and sigh heavily, and sheepishly raise their hands to be excused to the restroom… and remember to turn OFF their cell phones. Two days of hearing the same thing over and over and over again, in a deliberate and measured attempt to select the most unbiased and level-minded individuals from a pool of over sixty potentials. During this time it is difficult to put into words my sheer terror at the thought,,, as the horror of being chosen. This could be devastating, I think to myself… no… It Will be devastating if I am chosen.
Prosecutor: “…. And so, if ….IF ….as a juror, your responsibility with regard to the evidence presented, was to return a verdict of guilty or not guilty – based solely on the evidence alone could you do that?”
“If…..IF……the state, which carries the burden of proof entirely in this instance is only required to prove…..beyond ‘reasonable doubt’….that the person charged with the crime actually committed the crime – and was able to do so - could you, simply based on that premise alone, return a verdict of guilty?
Voice from the pool: “Excuse me..?”
Prosecutor: “Yes, ma’am..?”
Voice from the pool: “So if the circumstances surrounding the crime were such that we understood the person to have committed the crime… say… in self defense… we would still need to return a verdict of guilty?”
Prosecutor: (now a little frustrated) “Ma’am, I hear what you’re saying, but we are not concerned with motive here. All we are asking is if the state were able to prove beyond reasonable doubt that the person charged with the crime – for whatever reason – actually committed the crime, would you be able to return a verdict of guilty based on that premise alone?”
“And is there anyone here who would have a difficult time with that?”
Me: “Excuse me, but I would have a difficult time with that.”
Proscutor: “Ahh.. Mr. M…. I hear your concern so please let me explain to you again…”
Now, for reasons of brevity and time economy:
Proscutor: “Explain, explain, ‘various examples’, blah, blah, blah, …explain..”
Me: “Yes, I understand what you are saying, Sir, but I am still not comfortable with separating the crime from a possible and justifiable reason for committing it.
For example, if someone has broken into my home and is on the way into my bedroom and I need to take them out before they reach their intended target… – As a Libertarian, my philosophy is such that “If I do not have the right to defend my property then I do not have a right TO my property." (Looking back, I am most certain now that this is the line which has stamped in huge red letters across my forehead: “EXCUSED”)
Judge: “Now… Hoooolllldddd on for just a moment……now were into long examples and someone breaking into a home… we can’t get off on this tangent now..”
Me: “I understand, Your Honor, but with all due respect, the prosecutor was allowed to make his point using similar examples and I was only trying to do the same – I’ll play by the rules.. I’d just like to be certain of what they are.”
Judge: *extended pause….” Please proceed, Mr. Prosecutor.” And so he did.
What an amazing process, I must say. It is predicated on the concept that ten guilty should go free before one innocent might be convicted. I have to tell you that I was certainly and eventually moved by it all. However, the one thing that moved me the most was almost identical to the words of my Dear Friend, M.E. written in http://twentysomethingblog.blogspot.com
Once the jury had been selected and there breathed a collective sigh of relief, the judge sat us all down for a little talk and really put some jelly beans on the scale for me. By that, I mean to say that in order for me to buy into the concept of jury duty as a just deviation from my daily routine there had to be some greater sense of value to the process presented to me than that which I had perceived before simply walking into that courthouse merely 48 hours before. I almost wish he’d been able to say these words to us beforehand, but I don’t think they’d have meant as much not having gone through this process.
The judge began: “I want to thank you all for your time. I know that all of you made sacrifices to be here for the past couple of days, and hopefully have a much greater understanding of our judicial process than you did when you came in.”
We all nodded.
“We live in the greatest country in the world and, again, the backbone of the system that makes us great is that we are not tried in court cases by our government. We are tried by a jury of our peers.”
“I can guarantee that if you were in Cuba right now things would not have gone this way at all. In Cuba you would have been taken out behind the courthouse probably no less than twenty four hours later and shot on site – if you were lucky enough to get that much of a stay.” “And in Saudi Arabia if you had been here for stealing this very afternoon you would have been missing a hand.”
“You see, in our country we do things a bit differently. In our country it’s not I, the judge who tries you, nor is it the prosecutor, nor is it any other entity – but your peers; everyday citizens just like yourself, with no particular axe to grind. All the prosecutor can do is bring forth evidence to the one final arbiter: The Jury. It is the jury who will wade through the evidence and then make a decision and bring forth a verdict.”
“Let me ask you to picture something with me for just a moment.” “Let’s say that you are having dinner with someone this evening at City Place (local trendy entertainment complex) and you have a glass of wine.. just one. And on the way home the officer spots your tag light out and pulls you over. He smells alcohol on your breath and that’s it: the cuffs go on and you’re getting a free ride downtown.”
“The next morning you find yourself sitting ... Right There… in that chair… and you are depending on people just like yourselves to sacrifice their time and their energy to ensure that your government doesn’t just railroad you in to jail and you are never heard from again.”
“And I ask you: NOW how smart do you think you were to fool the court into thinking you weren’t qualified to serve, if that was your intention?” “I’ll never know – only you will know.” “And that is the beauty of our system.” “Thank you all again for your time and have a great afternoon.”
Wow… talk about adding value to the scale. I am now a believer and even if no one ever reads this I can still say to myself without reservation that should I ever again be called.. well, just suffice it to say that I will A: Show Up (hint hint) …and B: well, I think you know the rest…
I am now officially an adult, and I have been requested, and rather strongly I might add, by the county of Palm Beach to serve on a jury of someone’s peers.
Jury Duty. Hmmm,,, somehow, I always thought you had to be a property owner in order to qualify, but I guess not. Somehow I thought that just about anyone would be called for that – except me. I mean, this is something other people do – other adults, not me. I enjoy my cloistered life, and the real world just doesn’t come crashing beyond my gate that often.
Instantly, my mind begins the race… How to escape?? I’ve heard from all the experts in the past: “Just tell them you hate black people.” Or “Just refer to ‘them people’ or just use sweeping generalities… “Or you could say things like: “Oh great.. he commits the crime.. I get the sentence!” “That should get ya free!”
I need to do something though – I just don’t have time for this. I have a job you know. And it' not like just anyone can do it in my stead. What I do is highly customized to meet the needs of my employer and while yes, while there Is an employee procedure manual – it’s all in my head and I have been writing it up there since day one, nearly three years ago. This is simply too much of an inconvenience.
“Take I-95 to…. And park in the lot behind the convention center. Parking is free and shuttle service will be provided.”
“Ladies and Gentleman, we would like to thank you for your time today. We know that there are a thousand other things you’d rather be doing right now and we appreciate your selfless contribution to the one aspect of our judicial system, above all others, that makes our democracy great.” (First of all, how could anyone work in or around the court system and not know that what makes our country great is that we do NOT live in a democracy.. but a Representative Republic… ) Yes, there are a thousand other things I’d rather be doing right now – a root canal without the luxury of painkillers tops the list at this particular moment.
“When your name is called please meet in the front office, with the officer of the court, (more commonly known as the bailiff) and he will escort you to Judge Labarga’s courtroom.”
(hmmm Labarga… why do I know that name? – ah, yes! This is the judge who presided over the now world-famous Palm Beach ‘Hanging Chad’, Bush/Gore recount fiasco in the year 2000. – please note: this comment is in NO way meant to demean or slight Judge Labarga, whom, in my opinion is probably one of the more brilliant minds I have seen in quite some time, and truly a valuable asset to our legal system.)
Two grueling days of questions… while potential jurors sit and fidget, and look at watches, and sigh heavily, and sheepishly raise their hands to be excused to the restroom… and remember to turn OFF their cell phones. Two days of hearing the same thing over and over and over again, in a deliberate and measured attempt to select the most unbiased and level-minded individuals from a pool of over sixty potentials. During this time it is difficult to put into words my sheer terror at the thought,,, as the horror of being chosen. This could be devastating, I think to myself… no… It Will be devastating if I am chosen.
Prosecutor: “…. And so, if ….IF ….as a juror, your responsibility with regard to the evidence presented, was to return a verdict of guilty or not guilty – based solely on the evidence alone could you do that?”
“If…..IF……the state, which carries the burden of proof entirely in this instance is only required to prove…..beyond ‘reasonable doubt’….that the person charged with the crime actually committed the crime – and was able to do so - could you, simply based on that premise alone, return a verdict of guilty?
Voice from the pool: “Excuse me..?”
Prosecutor: “Yes, ma’am..?”
Voice from the pool: “So if the circumstances surrounding the crime were such that we understood the person to have committed the crime… say… in self defense… we would still need to return a verdict of guilty?”
Prosecutor: (now a little frustrated) “Ma’am, I hear what you’re saying, but we are not concerned with motive here. All we are asking is if the state were able to prove beyond reasonable doubt that the person charged with the crime – for whatever reason – actually committed the crime, would you be able to return a verdict of guilty based on that premise alone?”
“And is there anyone here who would have a difficult time with that?”
Me: “Excuse me, but I would have a difficult time with that.”
Proscutor: “Ahh.. Mr. M…. I hear your concern so please let me explain to you again…”
Now, for reasons of brevity and time economy:
Proscutor: “Explain, explain, ‘various examples’, blah, blah, blah, …explain..”
Me: “Yes, I understand what you are saying, Sir, but I am still not comfortable with separating the crime from a possible and justifiable reason for committing it.
For example, if someone has broken into my home and is on the way into my bedroom and I need to take them out before they reach their intended target… – As a Libertarian, my philosophy is such that “If I do not have the right to defend my property then I do not have a right TO my property." (Looking back, I am most certain now that this is the line which has stamped in huge red letters across my forehead: “EXCUSED”)
Judge: “Now… Hoooolllldddd on for just a moment……now were into long examples and someone breaking into a home… we can’t get off on this tangent now..”
Me: “I understand, Your Honor, but with all due respect, the prosecutor was allowed to make his point using similar examples and I was only trying to do the same – I’ll play by the rules.. I’d just like to be certain of what they are.”
Judge: *extended pause….” Please proceed, Mr. Prosecutor.” And so he did.
What an amazing process, I must say. It is predicated on the concept that ten guilty should go free before one innocent might be convicted. I have to tell you that I was certainly and eventually moved by it all. However, the one thing that moved me the most was almost identical to the words of my Dear Friend, M.E. written in http://twentysomethingblog.blogspot.com
Once the jury had been selected and there breathed a collective sigh of relief, the judge sat us all down for a little talk and really put some jelly beans on the scale for me. By that, I mean to say that in order for me to buy into the concept of jury duty as a just deviation from my daily routine there had to be some greater sense of value to the process presented to me than that which I had perceived before simply walking into that courthouse merely 48 hours before. I almost wish he’d been able to say these words to us beforehand, but I don’t think they’d have meant as much not having gone through this process.
The judge began: “I want to thank you all for your time. I know that all of you made sacrifices to be here for the past couple of days, and hopefully have a much greater understanding of our judicial process than you did when you came in.”
We all nodded.
“We live in the greatest country in the world and, again, the backbone of the system that makes us great is that we are not tried in court cases by our government. We are tried by a jury of our peers.”
“I can guarantee that if you were in Cuba right now things would not have gone this way at all. In Cuba you would have been taken out behind the courthouse probably no less than twenty four hours later and shot on site – if you were lucky enough to get that much of a stay.” “And in Saudi Arabia if you had been here for stealing this very afternoon you would have been missing a hand.”
“You see, in our country we do things a bit differently. In our country it’s not I, the judge who tries you, nor is it the prosecutor, nor is it any other entity – but your peers; everyday citizens just like yourself, with no particular axe to grind. All the prosecutor can do is bring forth evidence to the one final arbiter: The Jury. It is the jury who will wade through the evidence and then make a decision and bring forth a verdict.”
“Let me ask you to picture something with me for just a moment.” “Let’s say that you are having dinner with someone this evening at City Place (local trendy entertainment complex) and you have a glass of wine.. just one. And on the way home the officer spots your tag light out and pulls you over. He smells alcohol on your breath and that’s it: the cuffs go on and you’re getting a free ride downtown.”
“The next morning you find yourself sitting ... Right There… in that chair… and you are depending on people just like yourselves to sacrifice their time and their energy to ensure that your government doesn’t just railroad you in to jail and you are never heard from again.”
“And I ask you: NOW how smart do you think you were to fool the court into thinking you weren’t qualified to serve, if that was your intention?” “I’ll never know – only you will know.” “And that is the beauty of our system.” “Thank you all again for your time and have a great afternoon.”
Wow… talk about adding value to the scale. I am now a believer and even if no one ever reads this I can still say to myself without reservation that should I ever again be called.. well, just suffice it to say that I will A: Show Up (hint hint) …and B: well, I think you know the rest…
Labels: New Perspectives
posted by Mr. Miller at 7:57 AM
3 comments
