|
||||||||
| Xoutpost server transfer and maintenance is occurring.... |
| Xoutpost is currently undergoing a planned server migration.... stay tuned for new developments.... sincerely, the management |
![]() |
|
|
LinkBack | Thread Tools | Display Modes |
|
#1
|
||||
|
||||
|
My jury duty story
Later in the day of the 3rd robbery, he was accused of stealing a car and eluding police on a high-speed chase in Trenton. It was a massive indictment – over 13 counts, and we were passing judgment on 7 counts. The jury selection / voir dire lasted almost 2 days, the trial lasted 3 ½ days, and the jury deliberated for the better part of 2 days, and we ended up deadlocked 11-1 on all counts except for 1 count. It was 12-0 on the count the defendant confessed to in court – the eluding charge. Oh and did I mention there was a signed confession to the crime spree? The judge called a mistrial yesterday. Read the details of these stories. See how often you say “you gotta be kidding me!” http://www.zwire.com/site/news.cfm?n...id=44551&rfi=8 http://www.nj.com/news/times/regiona...0027142940.xml What happened? One juror was looking for “100% certainty” (their words) to believe the defendant was guilty of the one key element that would link him to the whole she-bang, and had “asked God in my prayers this morning for help.” After the trial, the judge told our foreperson that the # 1 reason for deadlocked juries is a juror whose religious convictions don’t allow them to pass judgment on others. (Rant: ON) If you tell a judge in voir dire that you will be a fair juror and that your religious beliefs will not prohibit you from being a fair juror, and then you pull a stunt like this in jury deliberations – you should be held in contempt of court. (Rant: OFF) This juror was completely unreasonable. He had doubts, and every time another juror countered or answered his doubts, he found another thing to debate. This went on for about 3 hours on Tuesday and all day yesterday. The burden in criminal cases to find someone guilty is “beyond a reasonable doubt.” This does NOT mean every doubt. (Rant: BACK ON) Oh never mind… (Rant: BACK OFF)
__________________
I live my life as a warning to others Last edited by twm67; 05-19-2005 at 10:50 AM. |
| Sponsored Links | |
|
|
|
|
#2
|
||||
|
||||
|
Reply: Length Advisory
A very poignant, thought provoking, and, at times, amusing post.
Thank you for your service as a juror, and for talking time away from your family, your job, and other obligations to render that service. Abraham Lincoln said that jury service is an exercise of the highest act of citizenship. As the judge of the facts, the jury is the conscience of the community, empowered to do justice, using its common sense and collective experience. No one can tell you what the facts are. The jury decides the facts. From what I’ve read, you, and the vast majority of your panel, kept the promises you made in voir dire, paid attention to the evidence presented at trial, and the reasonable inferences flowing therefrom. Three weeks of jury service, two days of voir dire, followed by a four day trial, and nine hours of deliberations over two days. Very commendable. Certainly looked like a slam dunk. So, as you say, what did happen? As PersonaNonGrata so aptly wrote in an email to me some time ago, Mr. Morris met the criminal’s best friend: the jury. As I’ve told many people many times over many years, you just never know what a jury might do. Morris was facing three armed robbery charges, aggravated assault, and arson. Apparently, he freely, voluntarily, and knowingly confessed to committing these crimes. At the time of the trial, he was serving 36 years on unrelated robbery convictions, but that had no bearing on your case, nor should it have been considered at all. An admitted liar, Morris exhibited "bizarre and sometimes violent behavior" during the trial, interrupted the judge, threw a book at the judge, and spit at the judge. He was ordered to wear a spitmask, and ordered gagged and shackled, to maintain decorum, for his own protection, and for the protection of others. None of that had any bearing on the jury’s decision, albeit his demeanor while testifying may have been properly considered by you and the other right thinking jurors during your deliberations. Morris was "kept him in a rank vomit-smelling holding cell with a backed-up toilet and a bed with no mattress or sheets." Welcome to prison, Mr. Morris. Hope you enjoy your stay. Although Morris acknowledged that the police treated him "OK," fed him hamburgers and water, and allowed him to go to the bathroom, he later alleged that he’s a vegetarian and "only eats fish." The Nixon mask took the cake, errr, the fish. "I am not a crook." From the articles you cite, his testimony, while amusing and no doubt entertaining, was simply not credible. I wholeheartedly agree with your rant. It’s beyond a reasonable doubt, not beyond all doubt. Everything in human existence is subject to some degree of possible doubt. But is that doubt based on reason? Not in this case, and not with that juror. The unreasonable juror hung the jury, violated the oath he took in voir dire, wasted everyone’s time, and needlessly cost the taxpayers money not only for the mistrial, but for the retrial as well. Not to mention the toll a retrial will have on the victims of these violent crimes. That was truly an unfortunate result. A couple of years ago I, too, was called for jury duty. Although I was not chosen to sit on a case (can’t imagine why ), I took the opportunity to listen and learn from what some of the other jurors were discussing. Although I found the experience to be most educational and highly enlightening, I also found it somewhat troubling, frightening, and chilling.To be sure, our system of justice is sometimes flawed; however, it far surpasses the alternatives. Nonetheless and notwithstanding, except for the occasional aberrant verdicts that we all hear about from time to time, I think the system works pretty damn good, and exactly as it’s designed to, the overwhelming majority of the time. At least Morris is facing 20 years on the eluding charge – the (other) charge he confessed to. That’s some minor conciliation under the circumstances, I suppose. Good job to you and your fellow reasonable jurors. And thanks again. Last edited by Verbalkint; 05-20-2005 at 01:46 AM. |
|
#3
|
||||
|
||||
|
That sucks, man. That juror wasted your time and effort, and the state's money. What a shame.
__________________
Whenever I text "Barack," my phone suggests the word "Capable." I guess my my phone IS pretty smart. |
|
#4
|
||||
|
||||
|
Quote:
__________________
Been there...Done that |
|
#5
|
||||
|
||||
|
Quote:
Thanks for your response. I'll have to read it more thoroughly later this morning!
__________________
I live my life as a warning to others |
![]() |
| Bookmarks |
|
|
|
|