Thursday, June 21st 2007
A day in the jury box
Today I had the privilege of participating in jury duty. As I was called two years ago and served a day, I knew what to expect. Both times I was in the selection pool but never sat for a trial. The last time I was in a courthouse was about a year ago, but that is unrelated.
The day started at 7:45 when I reported to the Orange County Superior Courthouse. I was one of about 150 prospective jurors. After we watched a short feel good video about jury duty, they parceled us out to different courtrooms.
From the pool of prospective jurors, people were called out and sent to specific rooms in groups around 50. In each courtroom the presiding judge gives a quick summary of the matter being tried. My case involved the taking of an automobile (it was only taking a vehicle with the intention of depriving the owner of its use, which I was told was not as bad as other vehicle thefts). Since it was a criminal case, they selected 12 people at random from the pool and 6 alternates to sit in the jury box. The judge had every prospective juror state their basic information and asked them case specific questions like their experience with car theft (from both sides). He also asked if anyone had a reason to distrust the police or any of the witnesses based on their language or ethnic background. The attorneys wrote themselves notes on Post-its about each of the jurors as they were questioned.
The judge also asked jurors if they understood different legal ideas. He used examples to explain concepts like hard v. circumstantial evidence and accessories to a crime. While the judge who presided over the case did use humor, his stories were not as enjoyable as the ones I heard from the judge during my previous service. The following example is from a Judge at the Westminster Courthouse I heard two years ago.
Possible v. Probable
Every Wednesday morning before coming to work I put my trash cans on the curb in front of my house. As I am pulling out of my driveway I see the garbage truck a few houses away picking up the neighbor’s trash. I never see the trash man empty my garbage cans, but every Wednesday I come home and find my cans as well as all the other ones on my street empty. Then I came home one Wednesday and a neighbor kid tells me my trash was not taken by the man in the garbage truck, but instead by aliens from Mars. Is it possible aliens from Mars took my trash? Yes. Is it probable the aliens took my trash? No.
Back to today, a number of people gave reasons why the current time was a bad time for them to serve on a jury. While some of the people’s excuses were legitimate, some were attempts to get out of serving on the case. The judge explained he could defer their service by a few weeks, but they would still be back in to serve. After realizing this, many of the people decided serving then was as good as later.
After the judge excused a few people, replacements were called to the jury box; I was one of them. After the defense and prosecution talked and questioned the jury for 15 minutes the action quickened. Each side could kick off 10 jurors for any reason. The little Post-its of the defense and prosecution then came in handy. They alternated rejecting people. There was no hesitation; both of them knew exactly who they wanted to kick off.
On its first or second opportunity, the prosecution kicked me off the jury. I was shocked and semi-offended. I think I would be the kind of disciplinarian who would send someone to the chair for stealing a bike. This happened last time two years ago; the prosecution kicked me off at the first chance. There is something prosecutors don’t like about me being on a jury. Maybe Physics and Classical Civilization are a secret code for I vote for acquittal.
After I was excused from the case I returned to the jury assembly room and they told me I was not needed anyone. I left at 2:30 in the afternoon.
During the day I remembered something Charles Wiley had said when he spoke on campus last year. When he was a young man during WW II, he was drafted into the executive branch and served for four years in the military. Today we are drafted into the judicial branch and asked to serve for a few days a year.
I hope we all respond to the call as our grandparents did.










