posted by Reen |
posted by Reen |
I'm researching Scotland.
posted by Reen |
Well, I thought. A criminal trial. Do I honestly think I could vote guilty if it meant sending somebody to jail? Probably not.
So that's what I told them at the voir dire. I felt really bad about it, like I couldn't do my job, but I just don't think I could do it. Maybe if it was triple infanticide and it was 100% clear the guy did it, so you need to lock him up not to teach him a lesson, but because he is simply too dangerous to the rest of humanity to have running around.
But most crimes are not like that. They are stupid. Stupid people doing something stupid. And what they're being punished for is being idiots. I don't want to help someone stupid ruin their life by sending them jail for just being stupid. This was that kind of crime: the kind where when you hear what the guy is supposed to have done, you aren't shocked, or appalled, or even mildly indignant. You just think, "well, what did you have to go and do that for?"
When I clerked, my judge sat by designation in the courts of appeal, and we had a few criminal cases out of the Ninth Circuit. Of course, we didn't decide guilt or innocence: that was up to the jury and judge below. We just reviewed the decision to see if it was wrong on the law, or there was something prejudicial about the procedure. And I felt like crap even doing that, because I thought the people judged guilty were getting a raw deal.
So I told them all that and got kicked off that jury faster than you could blink. I'm still on call for the next week or so, though I hope I don't have to go back. Maybe if I do, I can just wear a sign around my neck that says "Won't Vote Guilty" and get myself sent home without crying.
posted by Reen |
Jury duty tomorrow. Will my position as an attorney get me knocked out of the pool? At least I hope that the attorneys picking the juries will understand that I am annoyed because I can't bill if I'm in jury duty. Billables uber alles!
posted by Reen |
erica kaufman's Censory Impulse, now available at Big Game Books.
posted by Reen |