19 June 2005

Juror Misconduct

Our Founding Fathers are spinning in their graves. If you know the history of the Constitution, then you know that trial by jury (or more specifically, King George III's refusal to recognize this basic right in the Colonies) was one of the precipitous events to the Glorious Cause. In fact, that right by itself was enough to prompt many colonists to demand independence.

I am appalled by the shear number of people I encounter who are dismayed at getting called for jury duty and discuss ways that they can get out of it. However, I am more appalled at the juries of late in California that are actually seated.

After Scott Peterson was found guilty, one juror went on national TV to declare "he got exactly what he deserved." Another (who in fairness was ultimately excused) declared to a friend that she wanted to get on the jury to ensure he was found guilty. And now we hear that a juror on the Jackson trial attended his celebratory "thank you" party.

This is not justice. All cases need to be judged on the facts presented and proven beyond a reasonable doubt in a court of law - personal opinion and "celebrity" status notwithstanding. The reasonable doubt test sets a necessarily high bar to ensure that only the truly guilty face punishment. In fact, the prevailing thought among the political philosophers who shaped the principles embodied in the Constitution was that it is better for 100 guilty men to go free than to suffer one innocent man to go to jail.

When vigilante and star-struck jurors sit in judgment, the legal foundation of our country is put in jeopardy. It's not rocket science, people. If you have the privilege of serving on a jury, act worthy of yourselves.

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