FROM THE DEPTHS OF THE JURY POOL

Some of us like to share our jury duty experiences for much the same
reasons we like to tell each other about our operations.

The two situations share similarities in that they occur infrequently
for most of us, so we must rely upon others to provide step-by-step
directions about what is expected of us.

Also, just as patients are a most basic element in surgeries, you
couldn't have jury trials without jurors. But in courthouses, same as
hospitals, we must depend upon trained professionals -- doctors,
nurses, judges, lawyers -- to get anything accomplished.

And in each of these theaters, it is the bad performances, the
unpleasant or painful experiences, the outrageous outcomes that are
longest remembered and most often related.

Still Sad In The Retelling

At a recent social gathering, a woman told me that, as a result of
her experience on a jury panel many years ago, she has maintained a
low opinion of our criminal justice system.

This woman said the case involved a 40-ish black man who had long
operated a legitimate business, a dry cleaners, I believe it was.
Then one day, as he was being pulled over for a traffic violation, he
was seen tossing something out of the window, according to the
officer who made the arrest.

It was cocaine. And, according to her story, the potential jurors
were told that the man had a previous drug arrest and the prosecutor
would be going for the maximum allowable sentence.

She wasn't picked. The woman said she told the prosecutor that she
had attended some big parties in the fine homes of some of that
city's respected upper-class citizens where she had seen people
openly snorting more coke than this unfortunate fellow was charged
with possessing. Said it didn't seem like justice to her, sending him
up for such a long stretch. That prior arrest didn't awaken any
prosecutorial emotions in her either, she said, considering it had
involved only a small amount of marijuana.

She said that when she checked on the outcome of that trial later,
she learned that the jurors who were picked went along with the
prosecutor and put the fellow in prison for a whole lot longer than
if he had taken the prosecutor's pretrial plea-bargain offer.

Although several years have come and gone since that trial, any time
she tells the story it still makes her sad and frustrated and angry
to recall how this fellow, whom she wouldn't even have voted to send
up, quite likely remains in prison.

The Third-Strike Rule

One man e-mailed his detailed observations of a more recent jury
selection process, at which he was eliminated after answering a few
questions. While the lawyers try to avoid divulging specifics about a
case before the jury is selected, it's possible to get some idea
about it from the questions asked.

This case apparently involved a man charged with possession of one to
four grams of cocaine in a bag found in his mouth by a cop who
stopped him for a minor traffic offense. A relative of the defendant
and the cop would disagree about whether there actually was a traffic
offense. The third-strike rule would come into play with conviction
and the jury would decide on a sentence from 20 years to life.

Some questions asked the 60 potential jurors, and the answers given
by the fellow telling the story:

Are you in favor of legalizing marijuana? Yes. (The same answer given
by 15 or 20 of the others.)

Are you in favor of legalizing crack cocaine? I feel most drugs
should probably be legalized, but I would hate to be the one to
actually decide and then wait 10 or 20 years to see the net effect on
society. (About 7 others answered yes.)

Could you consider a life sentence for this offense, assuming the
third-strike rule? No. (With about 20 others.)

"It looked pretty grim for the defendant," the eliminated juror
recalled. "I sensed that the pool of 60 was cleaned of any reasonably
neutral and compassionate individuals by eliminating so many who
failed the can-you-consider-a-life-sentence question. I sensed that
jury selection questioning on drug cases naturally results in a jury
very slanted toward conviction and severe sentencing."

In a couple of weeks I may have another jury duty tale. Got my
summons in the mail the other day.