Wednesday, October 04, 2006

Beyond a reasonable doubt

Well, as you may or may not have inferred from my abrupt lack of blogging, shortly after my previous blog I was summoned for a jury panel. The following will be a not-so-brief recap of my jury experience.

15 names were called, including my own. We followed the bailiff down to the courtroom where we were led in in order, I was juror #9. We were introduced to the judge, the prosecutor, and the defense attorney, then Voir Dire began. They needed to turn these 15 potential jurors into 6 that would be on the trial. The judge rattled off her series of simple, obviously well-recycled questions regarding if any jurors knew anyone in the courtroom, had any problems being on a jury, had ever served on a jury before, etc. Nothing too alarming there. Then the prosecutor began with his questions, which took a swift turn towards any jurors who were involved or had a close family member involved in domestic violence. Suddenly we knew where this case was headed... or so we thought. I tended not to have much of a reason to raise my hand for any of the questions, until the question came "who enjoys lawyer shows on TV?" Well now we're talking, several of us raised our hands, to which I was questioned
"Mr. Roberts, what's your favorite lawyer show?"
"I enjoy the original Law and Order."
"Why do you like it?"
I didn't have a really good answer for this, but said "I like it for the characters".

The questions moved on to other people, but several additional times, questions came back to me about Law and Order.

"Mr. Roberts, do you think Law and Order is an accurate portrayal?"
"Haha, absolutely not, I think it's highly exaggerated."
"How so?"
"I don't think there can possibly be that much drama in the real world."
"So you won't be dissapointed if during my closing arguments there's no thrilling music?"
"No, I don't think so."

The prosecutor looked like a nice guy, though from the way he was stumbling through things, I think he knew what he was doing, but couldn't have been with the city prosecutors office for a terribly long time. Then, however, we moved on to the defense attorney.

Now I have to admit, looking at this guy, he looked like a cross between a used-car salesman and Donald Trump. I thought to myself this guy looks like a slimy, sleazy defense attorney like you see on TV. Of course, this was all on first impression -- I later came to find out that my first impression was 100% on the button.

Despite this impression, it took me just a few moments to realize--after noticing that after receiving the list of potential juror names probably just 10 minutes prior he had already memorized the names of all 15 jurors and would proceed to call each of us by name--that he was astoundingly good at what he did, and that the prosecutor was sorely outmatched. The defender asked his barrage of questions to the juror panel, but it quickly became apparent that he was really targetting the women on the panel trying to determine exactly which ones would be sympathetic to the victim and thus he wanted to dismiss from the jury. You really do notice by the pattern of questions the attorneys ask what they are looking for (both in jurors they want, and in jurors they don't want). I guess that's the point, but I never realized it would be so obvious.

After the questioning was over, the judge asked for challenges for cause, of which there were none. Then the attorneys sidebarred with the judge to request their peremptory challenges, where they can eliminate any jurors they wish for no reason whatsoever. Now, the first 6 jurors would carryover to the trial, and I was juror #9. So presuming I was not eliminated, if any 3 jurors above me were eliminated I would be on the jury. Seeing the preponderance of women at the top and the line of questioning, I was fairly certain I would be bumped up, unless I said something one of the attorneys didn't like. Sure enough, the judge listed off the 6 jurors who would be on the case, jurors 1, 2, 5, 8, 9, 10.

Without much ado, the other jurors returned to the pool, and the 6 of us took our seats in the jury box and the case began. This was the first we would hear the actual details of what this case was all about... the bizarreness of which we never would have expected.

The finer details of the case I will spare you, mainly because they are vastly irrelevant. But in summary, this crime was "violation of a no-contact order". The scene of the crime: the very courtroom where we were sitting, 4 months earlier. Apparently the defendant was in court for a similar violation brought on by his ex-wife. Immediately following the judges determination of "not guilty", he allegedly turned around toward his ex-wife sitting in the gallery and mouthed some not-so-nice words to her. If true, this would be a violation of the no-contact order between he and his ex-wife, which indeed was the question we were asked to consider.

Witnesses came forth, the prosecution attempted to prove a case based around inconsistent witness accounts, and just a lack of anything that could substantially prove the charge. Throughout the defense really didn't add much information in defense, but obfuscation was the order of the day. In later discussions with my fellow jurors, none of us really were swayed by this mess of confusion the defense was trying to cause, but I think it made him feel like he was doing something right.

Ultimately, after hearing the evidence and the arguments by the attorneys, we proceeded to deliberation. As much as I made it sound like there was no evidence, it wasn't quite as cut and dry as that. I think all 6 of us were doubtful who to believe, but I know as for myself, I came to the conclusion that I was pretty sure the defendant did what he was accused of... but there was definite doubt in my mind, enough so I couldn't reasonably consider him guilty of said crime. The one thing that was for certain to me was that this case was a collossal waste of the court's time, that probably never should have gone to trial. It wasn't a blatant disregard for the no-contact order, even if he did do what he was accused of... though the law may have dictated otherwise.

Regardless, it was definitely an interesting experience. I actually enjoyed it, but quickly realized that it was far more work than actually being at work. That's probably the one thing I wasn't expecting. It didn't feel like a waste of my time--quite the opposite, in fact, all 6 of us on the jury left making similar comments: everyone should serve on a jury, it's a valuable experience. Too bad the system tends to pick the same people over and over.

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Tuesday, October 03, 2006

Upholding the Constitution... again...

Yes, that's right, through the miracle of random selection, I have jury duty once again. It astounds me what the odds of such a thing happening to me just a year after the last time I did it, while other people seemingly never get selected... perhaps I'm just the lucky one.

In any event, this time I'm visiting the Seattle Municipal Court here in downtown Seattle. After my last jury service with King County down in Kent last year, I've been consistently claiming that jurors are treated like royalty because nobody wants to do it, and once they are here nobody wants to be here. Well in Seattle I must say it's no exception. I'm sitting here in the SMC Jury Assembly Room on the 12th floor (that's the top floor by the way, the jurors get the penthouse suite here) on 5th and Cherry. Huge floor to ceiling windows looking out South, West and North (not East, but really, who wants to look East from here anyway)-- some people would pay money to get a view this good. This building has to be one of the newer buildings around here, looking out the window I can see the much older King County jail and courthouse. We also have our own private outdoor terrace, and uh... well, we better enjoy it because for the next 3 days I'll be stuck here. :) Fortunately I have wireless internet access that does a splendid job of letting me pretend to be productive while away from work.

This morning has been so far uneventful... I haven't counted, nor are my powers of estimation very accurate, but I'd say there's probably 100 or so jurors serving this week. So far no jurors have been needed, so we're all still here waiting around. We can take a 15 minute break and leave whenever we want to... this building is right next to the Columbia Center (for those who aren't well versed, that would be the tallest building in Seattle, and the tallest building by number of floors [76] west of the Mississippi), so there should be plenty of interesting stuff around. Oops, I spoke too soon, they just called the first batch of 15... however I was not selected, so back to blogging. Lunch is from 12-1:30, I think I might take a walk down to Westlake Center (only 9 blocks or so), because the latch on my watch broke this morning and I need to get a new one. I know there's a Fossil store down there and hey, it's probably time to get a new watch anyway, I've only had this one for about 7 years or so.

I'm surprised they don't have a Starbucks stand in the jury room, that would be very Seattle of them. More updates later.

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Thursday, December 08, 2005

Episode II: The Phantom Jury

Another day of jury duty, waiting to be called... the wheels of justice turn slowly apparently.

8:30am - I arrived and checked in, and took an obligatory seat in the jury assembly room. Today I got here plenty early, and got a nice table to work at over in the corner. Much easier than sitting with your laptop on your lap. It's decidedly more empty in here today, maybe removing those 40 folks from yesterday made a difference. As I count the number of people in the room I'm in... 37. There's probably slightly more in the other room, and a few more in the lobby. So yeah, I'd estimate at least 100 folks around here today waiting for their chance to serve (or more likely, sitting around hoping they're not called so they can go home for good at the end of the day).

9:15am - First announcement of the morning. 4 cases on the docket today with potential juries. Nothing as of yet, so more to come. I'll continue to sit here wasting time finding things to do online.

10:30am - Still nothing. We had an "official" jury break... but still no news. In one of the rooms they started a movie on the TVs, I guess it was good... I was already sitting in the "quiet" room and didn't feel like moving from my excellent seat. :)

11:15am - Finally some word. Of the 4 cases scheduled today, 3 of them have settled or otherwise been dismissed. That leaves only 1 jury remaining for the day, and we've got way too many people for that. So 50 people are selected to be excused with thanks for their service. My name is called, and I'm done.

And that was the story of my jury duty experience. I guess it wasn't a total waste of time... though it's hard not to think that when I spent two days doing nothing short of sitting around doing nothing. Oh well. At least I've served my time until next time.

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Wednesday, December 07, 2005

Doing my part to uphold the Seventh Amendment

Is this what we have to go through to uphold the American right to a trial by jury? Perhaps so. I must say, they have gone to great lengths to make the process as painless and efficient as possible.

As one might have guessed, I'm sitting here in the Jury Assembly room of the King County Superior Court at the Regional Justice Center in Kent. Fortunately they have wifi internet connectivity here, which makes for a slightly more efficient way to pass the time. But in the interests of infotainment, here's a running commentary of today's events thus far:

8:00am - Arrive at the courthouse, make your way through the metal detectors at security, and check in with the nice people at the desk in the Jury Assembly room. Nice facility, I must say... and very efficient process. Just have to grab a clipboard and fill out my "Juror Biography" form (in triplicate, of course... gotta love bureaucracy) that basically asks your age, occupation, where you live, and various other classifying questions that would be provided to the lawyers should you be picked for a jury pool.

8:30am - I'd suspect about 150-200 potential jurors are gathered by now. One of the judges dropped by to welcome us all and give us an obviously scripted spiel about how important we are to the judicial process and such... though she obviously ad-libbed a lot of it too and added much more sincerity than a scripted list would do. This followed by a well-designed, yet incredibly cheesy "How to be a juror" video describing the activities. I felt like I was watching the pre-flight safety briefing video you see on some airplanes.

9:00am - Orientation complete... time to sit around and do nothing. We get the first announcement of the day, informing us that there are 4 potential jury trials on the docket today. Sit back, relax, and enjoy doing nothing.

9:30am - Update... 1 of the 4 potential trials will not be requiring a jury. Make that 3 potential jury trials remaining. I think it's a slow day at the RJC.

10:20am - After a brief 20 minute break to walk around and stretch our legs outside of the JA room, we receive the first jury impaneling of the morning. 15 names are called, and they all immediately leave for their mission. 2 potential juries remain.

11:00am - The 2 trials may still need juries, but definitely not before lunch. Since official lunch time is 12:00am-1:30pm, we may leave now and be back by 1:30pm. A nice 2 1/2 hour lunch break. I realized that I should have brought my laptop, and now with a 2.5 hour break, I drove back to my parents house in Federal Way, got my laptop and had some lunch... and then got back to the RJC at about 12:45 or so to sit and relax with the wifi connectivity.

1:30pm - Everyone's back from lunch, and time to call more jurors. This time they're going to impanel 40 jurors. (Based on this, we guess that it's probably a pretty big criminal trial they're dealing with.) I was not one of the 40 selected. Good news or bad news? We shall see. The 40 all turn in their juror bio forms and receive a number, and come back to relax some more while the counsel reviews their forms. Tick tick tick... 1 potential jury remains.

2:15pm - The 40-member jury panel receives word that the case has settled (I've watched enough Law and Order to piece this together... lots of legal bluffing from one side or the other... threatening to go to a jury, scared the defense enough to take a plea). As a result, those 40 people who did nothing but get assigned a number, are dismissed with the thanks of the court. They were technically on a jury even though they never actually left the jury room... so they don't have to come back tomorrow and they're done. Suddenly everyone's wishing they were one of the 40 selected. :)

2:30pm - With one potential jury remaining, and by my estimations well over 100 potential jurors in the room, it's quite clear that a lot of us will be returning tomorrow. But, at this point I have a minor celebrity-sighting. Who is one of the other potential jurors in the pool, none other than former Washington State Governor Mike Lowry! As my friend Jonell said, "That's a mug you can't miss!" True enough. Anyway, shortly after 2:30, we get the final announcement: the last trial has plenty of work to get through the rest of the day, and won't need a jury until tomorrow. So, we're all excused early, and will report again at 8:45am on Thursday. If we still aren't selected, that's the ballgame and we've served our time. Otherwise in the unfortunate event that I get selected for a jury, I could end up back again later the following week to continue on a trial. We'll see how things turn out. Time to go home!

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