In between my summer session class and this Fall quarter I was summoned for jury duty. As hundreds of citizens were sent to their trial areas I was sent across the street to the county courthouse. I was one of few of 70 who affirmed that I actually wanted to be there when the court clerk asked my prospective pool. I was eager to serve. He made lightweight banter as he came and checked on us occasionally. We into the afternoon we were finally seated. The actors on this stage were all set: lawyers, judge, jury, defendant. And then the gravity of the duty was thrust upon us all: kidnap, torture, and murder. This was going to be a horrible trial, both legally and emotionally.
Through the process of voir dire I was able to make it down to the prospective juror pool of 21. I was actually seated in the very middle of the front row of the jury box! If it were a Laker game, I would be Jack Nicholson.
In the process the defense and prosecution alternate, with the judge’s governance, asking questions to the prospective jurors. The defense’s aim is to root out any any candidate whose prejudices might unfavorably predispose them to convict the defendant, or in the case of the prosecution, to reject someone whose bias might favor exoneration.
Rejections abounded: an artist was too skittish to see photos of the murder, a man was previously arrested for drug offenses with the last 15 years, a woman was too senile for deft manipulation by the lawyers. As you can imagine, when a juror is excused no explicit reason is actually given for, rather it is up to a clever observer, like me, to infer the reason for dismissal based on their answers. Actually, for mostly everyone I listened to, their line of answering the question was sufficient to uncover a blatant area of disqualification- their disqualification was not hard to see. I believe a few of them had some poorly disguised excuses which were intended to provoke dismissal, “I am a single woman who lives alone and I can’t handle the details of the trial” “I am an artist, I can’t see graphic photos of the scene.” Whether contrived or not, such blatant confessions did indeed get them dismissed from the jury pool.
One woman was temporarily exuberant when told she was being dismissed. She let out most of a “yes” before subduing herself. It was as if she thought she were going to be fined for wanted to be dismissed.
Here are some of the questions the lawyers asked, along with my psychological response at the moment:
1st question, from the defense: do you believe that the phrase, “where there is smoke, there is fire” has any truth to it?
I know he wants everybody to say “no” and we oblige, everyone in unison saying “no” or shaking their heads. But in normal circumstances I am sure everyone would say yes, and most everyone has probably used the phrase at least once in their lives.
The defense lawyer was, I thought, purposely trying to endear himself as human to us jurors. Before he said a word, he grabbed the cliched water jug that we all know sits on the counsel’s table, filled a cup and took one quick sip. Now we understand that the man is fully human, he drinks water like us!
He proceeded to probe the jury with more questions.
Part 2 by Friday.


