NRT on jury service
May 28th, 2005 at 10:09 am by David FarrarIdiot at NRT gives a bit of insight into the jury process.
Never done jury service myself. The last comment about “Finding someone guilty has a moral cost, no matter how clear the facts are” is an interesting one. I’m not sure I would find it so, but until I have done it, I don’t know how I would feel.
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May 28th, 2005 at 11:41 am
I’ve been called three times, and served on four juries. The last time, I’d graduated, but did not (still do not) have a practising certificate, so was still eligible.
The last case I served on, the defendant changed his plea to guilty at the beginning of the second day of evidence. We jurors thought that interesting as we’d all be leaning towards not guilty on at least a couple of the charges.
I don’t know about a moral cost, but there was definitely a cost. The first case, after delivering our verdict very late on the Friday night (in fear of sequester, having been split equally over one of the charges (all involving indecent assault/rape of the defendant’s young girls), we eventually agreed on a guilty verdict on only the most serious charge.
I have no doubt in the correctness of that decision, but the next day, the import of what I had done stuck. I was so shaken at work the next day that I was sent home. Don’t just convicting a man, but affecting the lives of his children, sending a message. Probably very cliched, but it’s a very powerful position to be in. It wasn’t long after that that I decided I wanted to be a lawyer.
None of my fellow Prof’s classmates, nor my instructors had ever served on a jury. Having been through the legal education system now, I really think it’s a valuable insight into how things work. I think everyone should do it if they get the chance.
Vote:May 28th, 2005 at 12:36 pm
Called once, served once – I’ve always wondered if either of the lawyers knew their jury’s foreman was President of the VUW Law Students’ Society – apparently law students aren’t favourites with either the prosecution or defence.
Rape case – with an exceptionally easy to reach “not guilty” verdict, a number of us were annoyed the case had even made it to trial – very useful insight into how juries think, if I ever end up going that way as a lawyer.
For lawyers who’ve never been on one:
Vote:1) Juries notice everything
2) Don’t mutter under your breath unless you’re really sure you want them to hear what you’re saying
3) Don’t be unnecessarily mean
4) Don’t mis-state evidence, or ignore obvious possibilities because an alternative is better for you
5) Ex-girlfriends can be a really good idea for a character witness, especially cute ones.
6) Don’t quote extensively from the Bible in your closing summation: false accusations of rape have been around since Potiphar’s wife accused Joseph in the Old testament, etc. Even religiously-minded people get annoyed…
May 28th, 2005 at 1:03 pm
I’ve been called up once but didn’t get selected. Even if I had been I would have been challenged anyway. That’s the occupational hazard of being a reporter and covering court on a regular basis I guess. Still it was a pity as I’d love to do it at least once as it’d be nice to observe from the inside for a change.
Vote:May 28th, 2005 at 4:59 pm
Just got a call up today, second one I’ve got, but it clashes with uni. Hopefully I won’t have to go, but I would like to serve on one sometime.
Vote:May 28th, 2005 at 10:39 pm
Called three times, served three times. (The last two, I could have been excused but chose not to exercise it. The absentee rate is bad enough as it is.)
To be honest I’m not sure what Idiot meant by “finding someone guilty has a moral cost, no matter how clear the facts are”. Of couse, I hope nobody sitting on a jury takes it lightly because your decision
Vote:May 29th, 2005 at 4:14 pm
I spent a week on a Jury – two cases. First, Kidnapping and Rape – Decision, guilty of being STUPID but not the charge. Earlier comment that Juries notice everything is right – they have nothing else to do. Second was murder – resulting in a hung jury around mental competence.
System makes it all very sterile, very unpersonalised. Almost numbing.
It’s a civic duty (why don’t they teach Civics in schools here?) and everyone should do it.
Vote:May 30th, 2005 at 10:19 am
I was called up for Jury duty once and made it as far as the courtroom,was not selected but decided to stay for a wee look.I must say when the defendant came in looking mean,surly and with eyes much too close together,I knew in an instant that he was as guilty as sin.
Vote:Sadly I have not been recalled since.
May 30th, 2005 at 11:07 am
I’ve been called up numerous times. Not selected mostly, knew the defence lawyer on a couple of occasions & got dismissed. Then hit the jackpot & served on 3 trials in 5 days…
Convicted two (fraud & assault), and acquitted (rightly) one (assault – the victim was making it up).
Coincidentally, my sister-in-law was on the same 3 juries & the others thought I’d scored when she asked at the end of day 1 if I could take her home all week.
The foreman in one trial fell asleep.
There is always one moron on every jury who delays the verdict unnecessarily by concocting ridiculous “could have happened” scenarios with no basis in evidence.
Vote: