What Happened Until Innocent Until Proven Guilty?

On Jury Duty: Point Four: What Happened to Innocent Until Proven Guilty?

What the fuck happened to innocent until proven guilty?

People don’t grasp the law. I don’t mean the fiddly bits even lawyers barely understand. I’m talking basics. If I am ever arrested, God save me from a jury of my peers.

In any criminal trial, the defendant is innocent until proven guilty. The burden of proof is on the prosecutorial team. The defendant need not prove innocence. The prosecutor must prove guilt. The judge reminded the jury pool of this as the selection process began.

And yet.

Through their answers, numerous of my peers revealed they clearly presupposed the defendant’s guilt and considered their own presence a technicality.… Read the rest

The State of Alabama is Actually a Really Small Town

On Jury Duty: Point Three: The State of Alabama is Actually a Really Small Town

Alabama is the biggest small town on the planet.

I said before that a large part of the federal jury selection process involves repeating the answers already given on the million page questionnaire. For the most part, the judge could have given us copies of the forms we’d returned and said, “if you said yes and this would bias you, speak now or forever hold your peace.” But he didn’t, and we went through all of it verbally.

A shocking number of us responded to the “aside from traffic violations, have you or a family member ever been convicted of or arrested for a misdemeanor or felony?”… Read the rest

The Whole System is Screwball

On Jury Duty: Point Two: The Whole System is Screwball

The system itself is often dumber than the people wrangled in. For all its specifics on a number of important points, the jury duty summons letter skips a basic bit of information. It doesn’t say, “You will, without question, be here until lunch the first day. If you are selected, you will be present through lunch for the length of the trial. You may bring lunch into the building.”  In fact, it says nothing about eating whatsoever. Nobody on my panel was under any illusion of getting sequestered and fed by the courts (though all of us seemed to know that part.) … Read the rest

Some People Are Stupid As Shit

On Jury Duty: Point one: Some people are stupid as shit

In thirty seven years, I’ve never been summoned for jury duty. My number was due to come up, and it did, in the federal system. I knew dates when I scheduled my breast reduction surgery, and the doctor’s office thought I’d be fine to go sit around in a courtroom five days after having my chest sliced to ribbons. (They were right – breast tissue hasn’t got many nerve endings, so I don’t have much pain.) I was not ultimately assigned to a panel, and I don’t have to go back, so it wound up being a short term gig for me.… Read the rest