Tuesday, September 09, 2008

You have the right to remain silent....

Did you ever wonder why people confess to crimes they did not commit?

How could that be possible? I tell you, it is!

I have this friend, I'll call him Bill. He is a police investigator and works with the FBI. He has been my friend for over 15 years, and has convinced me, against my wishes, to agree to do things I never wanted to do in the first place. Mind you, these things are all good, but his methods of persuasion are so smooth, that I have now realized that he could probably get me to agree that I was the mastermind behind the Lindburgh baby kidnapping, AND was somewhere on the grassy knoll in November 1962.

Why is this important?

I have always believed that should I be arrested and tried for a crime I did not commit, I would not want my fate decided by 12 people too stupid to get out of jury duty.

Serving on a trial jury is something none of us really want to do. We do whatever possible and use whatever explaination necessary to get excused. I was only called to jury duty once, and in my week of service, never got to the trial phase. I sat through two pre-screenings, and was picked for one trial, but was "dismissed" since the attorney of the defendant accused of DWI did not want someone who had a family member killed by a drunk driver on the jury. I don't know why.

After that day, I have been jury duty free for the last 15 or so years.

Until yesterday.

I have been selected for Grand Jury duty in the county where I live.

I had a 12:30 report time, and the room was filled with about 60 potential jurors. NYS law requires that a grand jury be 23 people, so some of us were going home.

The court clerk asked if the term of service would be impossible for anyone to do, and about 30 potential jurors raised their hands. As a self-employed person, I probably could have used that excuse, but if you opt out of the county pool, you get sent to the Federal pool. Most people don't know that. Shorter term, longer drive.

I had my legitimate ticket out...or so I thought.

My brother in law works for the District Attorney.

Off I go to the courtroom with the other 30 or so in my group to await questioning much like the questioning in the DWI case..."Do you have any family members in law enforcement?" "Do you know many criminal attorneys?" blah-blah-blah. The questions never came.

All I see is this hopper with little tickets in it. The first 23 tickets win. I was number 10.

Now, for the next TWO MONTHS, I am on the county grand jury. Deciding if the evidence presented is enough to bring indictment to the accused.

MY ticket out? The DA seemed to address that as if he was looking right at me. If my BIL is a witness in any particular case, then I am excused from that case. I'll be right back in there for the next one.

The hardest part of all of this is not going to be the two days of service per week for the next two months. It is not going to be the hours of testimony and deliberation. I believe in the jury system, and I believe it is my duty as an American to serve.

The hardest part of all of this is that I am not able to discuss any aspect, of any case, with ANYONE, EVER in my lifetime, without the possibility of FELONY prosecution!

So, I can't tell you about the cases, but there are 22 other jurors, a ton of attorneys and others who I am sure I will be ready to mock all too soon.

2 comments:

Anonymous said...

You can't discuss it ever? I never knew that, what is the reason? Can "I have a really big mouth and can't keep a secret" just cause to get out of it?

I was called for Jury duty this month... sat in the room forever, finally took us to the courtroom, I was the last of the first group of 20 to be called up for the questioning. The first questions are "Do you know any police officers or anyone in the state's attorney's office?" I answered "Yes I do" they ask who, well I know the chief in our town, he's a friend of ours, and I pretty much know all the other police officers since Scott worked with them on the board" Ok, "who do you know it the state's attorney's office" "The State's Attorney, he's a friend of mine"

for the next hour and a half they asked us all sorts of questions, whenever they got to me, they were very truncated, not as in depth as the other people, I knew they weren't going to pick me. Why couldn't they just let me go right then and there? I sat there til 5 pm just to be told I could go. Oh, and here's your $10

Anonymous said...

Holy heck, we don't even get our Ten Dollars until the second day if you make it. My mom sat in a Jury trying to get out since he is not working and needs to be available, but a lady tried to claim financial hardship, but because she was married and had a savings account she couldn't get out of it, no matter what they made. It's crazy.