Jeannine Spitfire

Jeannine Spitfire
a headshot for my serious look

Monday, December 7, 2009

Jury Duty...I WISH!

So I got called for jury duty. Unlike some of you, I'd love to get on a jury. But I'm a lawyer, so I'm not a likely choice. Though I understand this, what bothers me is that the questionnaire we fill out mentions our occupations up front. So why they make me wait 11 hours, (or 3 days), to get booted off for being a lawyer?

So I go to the main room & do some paperwork and am not immediately rejected. To my surprise, I pass the first cuts. "Wow, I might actually get on a jury. What a great learning experience and insider's look at the process this could be", I say to myself. Then I learn that the case is a famous one, which sounds very cool to me. I squirm with some delight at the prospect of serving on a famous case...Increasingly, I see myself being interviewed on television about this "significant case" & why we, the jury, ruled the way we did. Naturally I will have been selected as foreman...I can see myself getting to host my own TV show, due to the legal acumen and clarity I use speaking on television, despite all the pressure of the media in my face...I can handle it! I'm smarter than Nancy Grace! Well, at least I'm not Southern! Then I learn I really was out of the area when the events happened, so I honestly have not heard of this famous case, which further qualifies me to serve. (OMG, I might win this contest!)...

Then we get some "background facts" from the judge. We're told the case involves an injury to an elderly woman in a nursing facility, and her family is suing a bunch of defendants. The plaintiff's attorney calls the harm "violent." I start to feel less excited about this trial. First off, I really like old people. So a simple gang stabbing, or even a double murder would make me so much more comfy, than some little old lady getting beat up by a Nurse Ratchett / Baby Jane. Hmmm, and I'll be missing out on holiday fun too? And for $15 per day! (Don't tell me there aren't jobs in LA...) Then we're told the trial is likely to be a "LONG" one, (YES - SIZE MATTERS!!) and will probably end before the holidays.
Long story short, the lawyers ran out of challenges/cuts, so they got stuck with the remains left up there at that moment, which did not include me. Here's what so freaked me out.

QUESTION THAT BUGGED ME THE MOST:

The Plaintiff's attorney said this:

1) “Some people think that if a VICTIM cannot communicate about their suffering, then IT DOES NOT COUNT...but other people think it shouldn't matter if a person can't communicate b/c they're still people...which way do you lean? (Blatant manipulation is bad enough, but when it's so stupidly asked, it pained me so.) "Gee, wonder what the right answer is..How about, 'I'm in the first group - that’s why I only hang out with babies, mutes & the severely disabled...it doesn’t count when you hurt them. Kind of like my kids!"

ANSWERS/NON-ANSWERS THAT FRIGHTEN ME THE MOST:

The Defense attorney discussed how juries award damages in cases where there's an injury caused...he asked:

2) “Some jurors feel that the seriousness of the injury should matter, if you pay an injured person some money. Do you think the level of injury or harm, should factor in how much money is paid? FOUR PEOPLE COULD NOT ANSWER THIS QUESTION....AT ALL....and two of THEM GOT ON THE JURY!! They said crap like "well I don't know, I don't have enough information" or "that depends". Depends? On what?? Oh, the seriousness of the injury? The level of harm done? Of course, you fools! What is wrong with these people? It's not a trick question! You think a broken neck is worth a bit more than a scraped knee? IT IS! OMG, I was horrified and that was one of those moments when I knew I'd blog about this to tell you to PLEASE SERVE ON A JURY IF YOU CAN POSSIBLY DO IT. IF YOU ARE READING THIS BLOG, YOU ARE IN THE "COGNITIVE ELITE" (hereinafter referred to as the "CE"), TRUST ME...it's your duty to be on a jury. Each jury should have at least one member of the CE on it...

3) The defense attorney asked a question that generated yet another idiotic response, but this one shows why women used to be prohibited from serving on juries. (Frankly, she embarrassed me as a woman). The defense attorney asked:

“When you decide things, Do you tend to go with your heart and stay with that, even if facts come out later that show you may not be right? In other words, if you FEEL sympathy for a person, would you still be able to listen to facts that might, under the law, mean they don't get any money?"

One particular woman so relished the attention the court gave her, it was visible to all. She beamed waiting her turn to answer. After all, never before had anyone asked her opinion on so many important issues. It didn't matter to her that she didn't have answers to the questions, nor had she given thought to the issues before, b/c the attention and focus was on her and what she felt about something...so she answered: “You have to understand, I follow my heart. I’m a very compassionate person and that's just how I live. I choose to live my life with my heart. And I'm not sure I could really listen to facts if I'm following my heart.I'm just a very compassionate person with a lot of feelings..."
That woman did NOT get on the jury, thank God. But she left the court room in a proud flurry of activity, as if she'd proved a very important point about herself and her big compassionate heart.

I saw three different people cry getting asked questions that were the slightest bit emotional. That included a man who once had a stroke years ago and so, I assume, over identified with the old woman. The others were women who cried about the pressure of...either being asked a question or just thinking about aging. I don't know, but I'm pretty sure I could have gotten one of them to confess to the JFK assassination if pressed. I'm seriously thinking of attending the end of the trial to see what happens. But while the trial is going on, I'll be Christmas shopping with the money I earned doing my civic duty...

If nothing else, please remember that you really must serve on a jury someday. Otherwise, "the compassionate" people with their feelings and inability to hear facts that don't go along with those feelings, may be on a jury when a loved one of yours is on trial. They'll be the only ones left. And if you refuse to serve b/c you just find it so inconvenient & you just "have to get out of it" then NEVER EVER complain to anyone about a stupid jury verdict. The system only works when we, the people, make it work.

2 comments:

  1. I am really enjoying this Jeannine! You are certainly entitled to your opinion, regarless of how wrong you are!! I am truly hoping that this "C.E." tag is going to stick. We certainly like to flatter ourselves that in the midst of so much ineptitude, we stand head and shoulder above the masses!

    I've been called for jury duty 4 times now (I must be stuck in some kind of Palm Beach administrative loop). I only made it close to the court room once. (we were let go after the parties made a last second plea-deal). When I get my next call (as I surely will), I'll try your method. Keep up the good work/rant! Colin

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  2. Colin, thanks!

    After seeing what ends up being left over, when the smartypants folks who are too busy with their lives to stick around to be jurors, I have to say, I hesitate to give advice about getting OFF of jury duty. It's so damn important to our system....So we, the "CE"s -- must pause and reflect deeply, before using these secret tips for getting off of jury duty-- and must make solemn vows to ONLY use these secrets in the most dire & rare situations, when you simply MUST NOT be on a jury...

    When you simply MUST be set free from it, ask the judge this question, NO MATTER WHAT THE CASE IS ABOUT....

    "Your honor, CAN we PLEASE give the death penalty for this?"

    When the judge tells you that it's impossible b/c the case is civil and therefore not a criminal matter, or it is criminal but merely a misdemeanor, make sure you are visibly disappointed by this "weakling approach to justice..."

    OR when you are asked for your home's address, tell them you were "told there'd by NO MATH on this TEST".....OR

    ask, "Why are you asking SO MANY PERSONAL questions about ME?? What's this case REALLY about?"

    Last but not least, you can always say what they fear...."I will do ANYTHING to be on this jury...just tell me what to say & I'll say it!...." Then wink knowingly...

    I WELCOME MORE SUGGESTIONS....that's it for now.

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