So after watching Making a Murderer, and we can leave discussion about that topic to the actual OT thread, I wanted to see what other people's experiences on Jury Duty were.
I was called in this year for a civil suit, pretty basic, and was fascinated by the whole process. I ended up jury foreman and I actually got stressed for a few nights about making the right decision as a lot of money was involved and it was a very fuzzy case. The things that stuck out to me most were:
1. Voir dire is a total bullshit process. The lawyers were already sending subliminal messages and prepping the potential jury members to have biases. The judge was not present during this process.
2. The actual trial is long and tiring to listen to. Listening to depositions, testimonies, expert witnesses over the course of several days is exhausting. I'm a very focused and intelligent individual and I have a hard time listening to someone drone on for 6 hours a day for a full week (granted that is some of the lawyers fault for not being engaging)
3. People just can't pay attention to a trial. One member of the jury fell asleep (c'mon lawyer keep the jury engaged). Others had no clue how to interpret certain aspects (especially code related terminology). Others were to busy trying to be human lie detectors staring at the witnesses Adams apple instead of hearing what was said (which is actually entirely acceptable method according to our judge, but still being that narrowly focused is bad).
4. Deliberations were a joke. Trying to keep, and sorry to say, some really unintelligent people on-track with the facts presented during the trial was next to impossible. Biases crept in, people compromised just to get out, people dragged it out just to get another day off work, and worst of all people just ignored the law. Not to mention, it was incredibly easy to sway people to my opinion, even being the youngest person there. I knew I could make that jury rule either way, and it bothered me a lot that I could do that. I lost sleep over it and the only solace was that my fiance told me that they put in your hands and willingly did so. Right or wrong they signed up for that.
I talked at length with some lawyer friends about this. They agreed it's an entirely flawed process and that if two parties want to take it into trial they know they are going to the mercy of a jury that may not be capable of making an intelligent decision. They had a chance to settle and are willing to go all or nothing.
My problem with this, and also my fiancee's (attorney in public sector), is that this works for civil lawsuits but for criminal lawsuits it's much easier to convince a jury to convict than to let someone go. It's much harder to settle for 14 years of jail when you are innocent than it is to cough up $30k and be on with your life in a civil suit. There's that lingering human response of "oh my god what if he did do it and I'm letting a murderer/rapist/assaulter go," and they err on the side of caution and convict someone.
My experience left me with a love/hate for the jury process. I like to feel involved, but at the same time I felt totally unequipped and inadequate to make a life altering decision for someone else. Much less so for a lot of the general populace (yes I know I sound like an ass)
I was called in this year for a civil suit, pretty basic, and was fascinated by the whole process. I ended up jury foreman and I actually got stressed for a few nights about making the right decision as a lot of money was involved and it was a very fuzzy case. The things that stuck out to me most were:
1. Voir dire is a total bullshit process. The lawyers were already sending subliminal messages and prepping the potential jury members to have biases. The judge was not present during this process.
2. The actual trial is long and tiring to listen to. Listening to depositions, testimonies, expert witnesses over the course of several days is exhausting. I'm a very focused and intelligent individual and I have a hard time listening to someone drone on for 6 hours a day for a full week (granted that is some of the lawyers fault for not being engaging)
3. People just can't pay attention to a trial. One member of the jury fell asleep (c'mon lawyer keep the jury engaged). Others had no clue how to interpret certain aspects (especially code related terminology). Others were to busy trying to be human lie detectors staring at the witnesses Adams apple instead of hearing what was said (which is actually entirely acceptable method according to our judge, but still being that narrowly focused is bad).
4. Deliberations were a joke. Trying to keep, and sorry to say, some really unintelligent people on-track with the facts presented during the trial was next to impossible. Biases crept in, people compromised just to get out, people dragged it out just to get another day off work, and worst of all people just ignored the law. Not to mention, it was incredibly easy to sway people to my opinion, even being the youngest person there. I knew I could make that jury rule either way, and it bothered me a lot that I could do that. I lost sleep over it and the only solace was that my fiance told me that they put in your hands and willingly did so. Right or wrong they signed up for that.
I talked at length with some lawyer friends about this. They agreed it's an entirely flawed process and that if two parties want to take it into trial they know they are going to the mercy of a jury that may not be capable of making an intelligent decision. They had a chance to settle and are willing to go all or nothing.
My problem with this, and also my fiancee's (attorney in public sector), is that this works for civil lawsuits but for criminal lawsuits it's much easier to convince a jury to convict than to let someone go. It's much harder to settle for 14 years of jail when you are innocent than it is to cough up $30k and be on with your life in a civil suit. There's that lingering human response of "oh my god what if he did do it and I'm letting a murderer/rapist/assaulter go," and they err on the side of caution and convict someone.
My experience left me with a love/hate for the jury process. I like to feel involved, but at the same time I felt totally unequipped and inadequate to make a life altering decision for someone else. Much less so for a lot of the general populace (yes I know I sound like an ass)