Thursday, March 29, 2012

Stand-by Juror


STAND-BY JUROR
"True peace is not merely the absence of tension. It is the presence of justice." - Martin Luther King, Jr.
Exactly a month ago, I received a summon from the Sheriff of Cook County to be a "Stand-by Juror." Being an English-speaking American citizen, this is part of my civic duties. Who's counting but I get a summon every four years, I think. The very first time I got a summon to go to the Criminal Court Building at 26th Street and California, I got picked up right away as one of the jurors. That was in 2002. The case was about a driver who was speeding and driving under the influence in the Dan Ryan Expressway and killed a fireman who was standing beside his firetruck that was parked on the side of the road. The firemen were helping in a car accident. After three days of criminal hearings, jury deliberation and instructions from the judge if we did not understand something we found the accused guilty. It was a very important case and later all the jurors agreed not to talk to the press and tore all our notes. A month later the judge sentenced him in jail from 27 years to life. Also, a law was passed later that drivers must slow down whenever there's a firetruck coming and pull aside by the road.





The summon said I have to call after 4:30 pm before the service date. No excuse for I always heed the summon to get it over with. The lady said, if your last name start in E as in Echo through W as in Whiskey, you are ordered to appear at your assigned court. No escape - my last name was in the alphabet order. I was told the Criminal Court Building in Chicago was the largest in the whole United States. It's an hour in a half drive from my place so I started early the following day. A friend of mine was called as Stand-by and asked why not a court that was closer. She was told, "It's not for her convenience." I was so glad I never asked.

"Charity begins at home and justice begins next door." - Charles Dickens
The free court garage was already full at 9:30 am and I had to park on the fourth floor. All cars on both side of the road had to stop when people (mostly marching jurors) go to the Criminal Court Building. It's like we are royalties. My bag was searched and inspected, no food, no drinks and no camera. It was heavy because I brought two books with me to read.

"Justice is the crowning glory of virtues." - Cicero
I went to the third floor and showed my summon that was properly filled up about me. I was given a lot or panel number 2. There were many people in the room, maybe 500 or more? They were already watching a video about the jury system being hosted by Lester Holt (NBC Weekend Today Show and Dateline), who still had a moustache so the video was made when he was still the CBS news anchor in Chicago. His handsome son, Stefan Holt is a weekend anchor in NBC Chicago.
The video ended after an hour and the long wait started. After a while I heard somebody snoring. I thought one of the books I brought was interesting but it was not. I should have renewed Opus Dei from the library that I could not ever finished due to circumstances beyond my control. That book was an excellent reading!

To be continued...
(It's time for me to see my favorite TV show "Person of Interest")

Around 11:30 A.M, a court clerk came out and called numbers 7 and 37 or 38? I forgot. Then after 15 minutes or so called another number. Again, I forgot what number. Not my number for sure. Later, around 12 noon, he announced where to have our lunch and to be back by 1:30 P.M. We were told to remove our JUROR sticker before leaving. I went to the cafeteria located at the second floor, ordered cheeseburger and fries and chatted with other jurors about our previous experience. By 2:00 P.M. we were told that we were free to go, that we did our duty for this year and we were given a check of $17.20 for coming as a Stand-by Juror.

It is justice that ordering of society is centered. - Aristotle

The history of the jury goes back to Norman customs in the 800's. The word jury comes from the medieval Latin word jurata, meaning sworn. In the old days, jurors were once much like witnesses - called because they had knowledge of the facts. These days, a prospective juror with special knowledge about the case is rejected!

A jury is a selected group of folks from all walks of life that hears the witnesses in legal disputes and decides the facts. A courtroom trial in which a jury, also known as petit (fr: small) or petty, decides the facts is called trial by jury. Traditionally, the petit jury had 12 members. The right of an accused person to a trial by jury differs between civil and criminal cases. The U.S. Constitution, Article III Section 2, provides that that all criminal trials in federal courts shall be by jury. The Amendment VI, further describes this right. It requires that the jury be impartial, and be selected from the community where the crime was committed. The accused can ask for trial by judge without jury if he prefers.

Before each term of court, a jury commissioner or other public officer prepares a panel, or large initial list of qualified jurors. For each trial, jurors are selected by lot from this panel. The lawyers for either side may reject any prospective juror for cause by stating some reason why he or she should not serve as a juror.

Before the trial begins, the jurors swear to decide the facts fairly. They hear the testimony given by witnesses for both sides, including cross-examination. Then counsel for each side sum up or summarize the case, and the judge explains the applicable law in his instruction or charge to the jury. In criminal cases, the jury must decide whether or not the accused is guilty beyond reasonable doubt and then return an unanimous verdict of guilty, or acquit the defendant by a verdict of not guilty. A hung jury is one that cannot agree - it usually makes necessary a new trial, with new jurors. If the verdict is guilty, the judge imposes the sentence or punishment, within limits that have been fixed by the legislature. In civil suits for money damages, the jury must decide who is at fault and must determine the amount of money verdict.

Jurors receive a small payment for each day's service.

There are other types of jury - grand jury and coroner's jury. The Grand Jury has from 12 to 23 members - whose duty is to hear evidence and bring formal charges against persons believed guilty of a crime. Unlike petit jurors, grand jurors may rely on their own knowledge as well as on that of witnesses who testify. The U.S. Constitution requires an indictment by a grand jury before trial for most crimes against federal law. In cases where an indictment is not necessary, an information by the prosecuting attorney takes its place. The coroner's jury has the duty of conducting an inquest, or an investigation, in case of an unexplained death, to try to determine the cause of death where there is doubt. In some cases, its functions are performed by a professional medical examiner.

"Conscience is the chamber of justice." - Origen

Jurors are thought to be more subject to emotion, more easily swayed by eloquent lawyers and more likely swayed by public demonstrations and protests from famous political figures and celebrities. (Jurors on duty are not allowed to watch TV and read newspapers).

However, although considered to be expensive and a slow way to secure justice, the jury remains an important part of the legal system.

"I think the first duty of society is justice." - Alexander Hamilton

Judge, I rest my case.

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