Thursday, December 13, 2007

Not Impartial Enough

Yesterday I came the closest that I've ever been to being selected for a jury. In three previous occasions I'd never made it past the assembly room, in which 50-60 citizens out of one hundred are randomly selected to go up to the courtroom for further winnowing. This jury would be hearing a criminal case involving narcotics, and the judge estimated that the trial could last until Christmas.

The first day (Tuesday) was devoted to listening to my fellow citizens plead "extreme hardship". The excuses that worked were: childcare problems, loss of income if the prospective juror was the sole source in the household, and planned vacations. Marginal cases were let off if the individual's thick accent indicated that he or she would have difficulty following the proceedings.

On the second day the conversations were of a more philosophical bent. Both sets of lawyers inquired about our biases---whether the defendant's proficiency in English would incline us toward a guilty or not-guilty verdict, whether we would give more credence to the testimony of a police officer, whether our personal experience or that of our close friends and relatives with drugs would incline us in either direction. Juror selection seemed to be a combination of an academic discussion and a job interview, so if one had the time I suppose one could be engaged by the process. To those on a schedule it was tedious and too much hair-splitting.

At the end of the day the defense exercised its right of peremptory challenge and excused me. My guess is that it was because I have a close relative in law enforcement. I would not have been impartial enough. © 2007 Stephen Yuen

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