The System (Sort Of) Works

Not perfectly...but what is the alternative?

Recently sat on a jury. This was a new one for me. Years ago an attorney told me a mental health therapist would not be seated. On two prior occasions, I was excused. Not this time. I even ended up as the foreperson.

The jury ended up acquitting the defendant on charges of two misdemeanor counts of battery. I was understanding of a finding of innocence on the second count. On the first count, it wasn’t so easy for me to go along with that. There was, in my view, a significant asymmetry between the alleged perpetrator and the victim. In size, age, and circumstances.

The sticking point came from the jury instructions. The burden was on the state (the prosecution) to prove that it wasn’t self-defense. Two jurors (of the six) felt that the state did not make that case beyond a “reasonable doubt.” To my thinking, while there was some doubt, it did not rise to the level of “reasonable.”

As you know, the jury has to be unanimous in its decision. So, the two holdouts carried the day.

At one point, I suggested to the group that we sleep on it and reconvene the next morning. That idea didn’t float. It was now around 9 pm and we’d started out at around 9 in the morning.

I know there are lots of jokes about lawyers. I came away for a new appreciation for what they do. Trying cases is hard work and one needs to be able to think quickly and strategically in the heat of emotional moments.

I was talking yesterday with an attorney friend who reminded me that juries are “strange animals.” That is certainly the case. I’m reminded of what happens when a thrown football lands on the ground. One is not sure just how it will bounce.

Happy Friday.