Tuesday, October 15, 2013

A Jury of His Peers (Pt. 4)


The defendant.  Was this a jury of his peers?  At first glance, you would hardly think so.  Peer, in the strict sense, means a person of the same age, status, or ability as another  person.  The 14 chosen jurors were rather indicative of the original 150 summoned citizens.  Predominately white, all middle class - lower to upper, they were a photograph of the American mainstream. They were the young and the old.  They were professionals, and tradesmen. They were everything in between. They were you.

The prosecuting attorney, during the voir dire process, emphasized that the jury would see witnesses that they would not choose to associate with.  They would be persons with  lifestyle choices our jurors would not agree with. The prospective jurors were told rather directly that they would see persons of a different status during the proceedings, from neighborhoods they would not be inclined to visit.  Could the jurors “insert” themselves into the culture they would meet, and could they promise to be objective and neutral in their thoughts and deliberations?  That was the thrust of the District Attorney’s concern.  The jury, by the way, was composed of 8 women and 6 men.  All things considered, this doesn’t sound much like a “peer” relationship here, does it? 

I suppose the best that can be wished is that people who share a common humanity (and very little else) with the defendant, find the capacity to rise above any constraints their life experience built for them and listen with fairness and objectivity.  Actual judging might be quite another matter. Consider our little friend Jerry the Juror. How did he fare during this entire process? Why, he was chosen as a juror, of course. And neither attorney asked him a single question during the voir dire process! 

And at last glance, you would still hardly think so.

Mark Twain Quote: "They all laid their heads together like as many lawyers when they are gettin' ready to prove that a man's heirs ain't got any right to his property."

Bonus Quote:  "When the leaves turn brown, the Red Sox will wear the crown."  Coach Mac
                         Let us pray.

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