McNabb

McNabb
Best QB ever!!

Wednesday, September 3, 2008

Jury Duty

Every two years like clockwork, the "random" selection process picks me for jury duty. I have decided that there is actually some sort of "secret list" that they keep, so they can select their favorite jurors and make sure they get jury duty every single time. Seriously...I have friends who are registered voters who have NEVER been selected. Is it really random if I get picked every two years?!!

Here is my story...I showed up at the courthouse last Friday morning and went into the jury room, along with ~60 other people who had also been selected. Once they were ready to get the show on the road, they directed us into the court room and we were introduced to the Judge, the two attorneys and the defendent.

Next up - another random selection of 12 people - I was selected (of course). The attorney for the prosecution and the defense attorney asked us questions and picked 6 people to be the trial jury. Once again...I was selected. Too bad this was not the lottery or something...:)

Quick summary of the trial - defendent was being accused of disorderly conduct and refusing a direct order from a Peace Officer (in this case the policeman). The defense attorney was an absolute wreck. I felt very sorry for the defendent. In criminal cases such as this - the burden lies with the prosecution to prove their case beyond a resonable doubt. But...the defense attorney needs to help establish that doubt, otherwise what is the point of him being in court? Each side had one witness that testified. So it was one story vs another - we simply had to decide who was more credible.

The story goes that the officer received a phone call from someone about a strange car driving around in their neighborhood. He went to investigate. Found the suspicious car and followed him for a bit. The driver decides to run a stop sign, so the officer pulls him over. Turns out he has a suspended drivers license and no insurance. The officer tells him that he is going to impound his vehicle - normal protocol for driving with a suspended license. The driver gets really angry about this and decides to use his freedom of speech to yell at the top of his lungs that his rights are being violated. So, the officer charges him with disorderly conduct because he will not shut up. Then the driver will not move away from the car when the tow truck gets there and the officer has to grab his arm and move him to the sidewalk. Thus the arrest for refusing a direct order from a Peace officer, which is a felony.

We, (the jury) deliberated for almost 4 hours. What would seem like an open and shut case based on the officer's testimony turned into quite the debate. We all took good notes and had issues with both sets of stories. Finally came to the conclusion that we had reasonable doubt on the refusing the order situation. So, we found him guilty for disorderly conduct and not guilty for refusing a direct order from a Peace Officer. When you are deciding whether or not someone is going to be convicted for a felony...you want to make darn sure the prosecution has proved their case and we felt like they had not done that. For one thing...the officer said the defendent had never physically resisted or acted physically at all against the officer, even when being pulled away from the car. I feel good about our decision.

Anyways, once again....I have served on another trial and feel good for doing my civic duty. A part of me enjoys the whole "Law & Order" thing and being involved with the judicial system.
But...it was just the busiest week I have had at work so far this year and one of the worst days possible for me to miss a day of work. It was the friday before the Labor Day wknd and we ended up working most of the wknd.

1 comment:

E said...

I think the trick is to give racist answers during the questioning process. But it sounds like it might be interesting to be on a jury. I've been called but never selected. I would imagine the trials here might be a bit more gruesome. Erin was called for jury duty for case involving a mother who left her baby in her burning hot car, and the baby died or was severally brain damaged or something. That would be a tough trial, but she didn't get picked (cuz she locked her own baby in the car before--on accident).