Monday, June 27, 2011

Jury Deliberations and the Verdict

We selected the foreperson immediately upon entering the juror room. We then decided to start fresh the next day.

Upon leaving the courthouse, I knew exactly where I stood on the second count. I felt that the government did a very good job of proving beyond a reasonable doubt that the defendant had violated this act. The charge explained what I had already known so nothing new was added to my decision in that regard.

When I went home, I re-read the charge around the first count of conspiracy and the legal language confused me. As it was I wasn’t entirely sure that the prosecution was as convincing on that count; now the charge just befuddled me more.

The next day everyone was just as confused as I was on the first count. We asked the judge for clarification as well as witness testimony transcripts to go over pieces of the case. We read the charge aloud and most of us were confused by it. I think at that moment a lot of us wanted to say the defendant was not guilty on the first count because the burden of proof by the prosecution had not been met in our eyes. After hours of discussion, we took a count. 4 people felt he was guilty and 8 felt he wasn’t. I was one of the ones who thought he was not guilty mostly because I didn’t believe the evidence showed he knowingly participated in the conspiracy.

That night I had trouble sleeping. I really had to follow the advice the judge had given us. If I were in the defendant’s shoes, what would I do? What would I be thinking? And I realized that I wouldn’t be in the defendant’s shoes. I would never have handed over that money as was seen in the video. No matter who was asking me, I wouldn’t have gotten into that car and driven across state lines. There was no denying that he was caught red handed in that video and therefore he was guilty in my eyes. It didn’t matter how much he knew before the money drop or during the drive. The fact was he delivered the money and that’s it.

When we returned the next day, there was a change in the air. We took a vote and it was now 6-6. We circled the table to explain our ideas and/or changes of opinion. I do not know if it changed anyone’s mind or not. By lunchtime, we didn’t seem any closer to a decision on the first count. We spent the morning deciding the second count and that was a little more straightforward.

After lunch, we asked the judge to explain one more bit of legal language and that made all the difference. Once she elucidated, we had the answer in our hands. We returned to the juror room and took another vote. It was unanimous. The defendant was guilty on both counts brought against him.

I can’t say that I felt good about my decision. I certainly didn’t want to go into jury duty to come out finding someone guilty of any crime. I do feel that justice was served though because we discussed and repeated every aspect of the charges in such detail. It became maddening at many points – just going over pieces of evidence, transcripts and the charge over and over.

What I learned, aside from due process and how the system works, is that you have to watch what you do in this day and age. Phones are traced and video cameras are everywhere. It’s important to do what you think is right. If there is any doubt, then you should not do it. Overall, it was a very valuable experience and I would do it again. Now I just have to wait another six years before I get another jury summons.

1 comment:

M said...

Fascinating!