TortDeform: The Civil Justice Defense Blog

Justinian Lane

A Great Letter from a Juror to a Judge

The letter struck me as providing remarkable insight into how seriously some jurors take their tasks.  And it made me wonder once again why we’re willing to let supposedly-incompetent jurors decide complex criminal cases, but entertain the notion of taking complex civil cases out of their hands.  Surely, a man’s life is more important than a man’s bankroll, isn’t it?

As you remember, Judge Roberts, we spent 8 months listening to the evidence, filling countless court-supplied notebooks, making summaries of those notes, and even creating card catalogues to keep track of all the witnesses and their statements. We deliberated for over 2 months, 4 days a week, 8 hours a day. We went over everything in detail. If any of our fellow jurors had a doubt, a question, an idea, or just wanted something repeated, we all stopped and made time. Conspiracy? A crew? With the evidence the prosecutor presented, not one among us could see it. Racketeering? We dismissed that even more quickly. No conspiracy shown but more importantly, where was the money? No big bank accounts. Mostly old cars. Small apartments or living with relatives.

It seems to me a tragedy that one is asked to serve on a jury, serves, but then finds their work may not be given the credit it deserves. We, the jury, all took our charge seriously. We virtually gave up our private lives to devote our time to the cause of justice, and it is a very noble cause as you know, sir. We looked across the table at one another in respect and in sympathy. We listened, we thought, we argued, we got mad and left the room, we broke, we rested that charge until tomorrow, we went on. Eventually, through every hour-long tape of a single drug sale, hundreds of pages of transcripts, ballistics evidence, and photos, we delivered to you our verdicts.

What does it say to our contribution as jurors when we see our verdicts, in my personal view, not given their proper weight. It appears to me that these defendants are being sentenced not on the charges for which they have been found guilty but on the charges for which the District Attorney’s office would have liked them to have been found guilty. Had they shown us hard evidence, that might have been the outcome, but that was not the case. That is how you instructed your jury in this case to perform and for good reason.

Source: Legal Blog Watch

Posted at 4:16 PM, Jun 30, 2008 in Permalink | Comments (5) | TrackBack (0)


Comments

8 months listening to evidence and 2 months deliberating?

Thanks Justinian for making me realize I should say something biased to get myself out of jury duty. I'll remember this.

Posted by: Adam | June 30, 2008 05:21 PM

This letter says, only a jackass would serve. The jurors must sue the judge for enslavement and unlawful imprisonment. I would have at least tried to escape by tying sheets from the window bars.

Posted by: Supremacy Claus | June 30, 2008 07:35 PM

On the one hand this letter undermines the claim that juries are unthinking, overly emotional people who don't decide cases fairly. Just like Justinian points out--clearly these people are taking this job seriously.

On the other hand, what's the point if the jury's decision isn't given due consideration? Kinda like when a jury decides to award punitive damages, and they're slashed down to near nothing.

Posted by: Kia | July 1, 2008 02:09 PM

Hey, Kia, since you think $507.5 million is "near nothing," can you spare me $5 million? After all, that's less than 1% of near nothing.

Posted by: Ted | July 2, 2008 12:48 AM

Judging from the pic of your office, you've got a big pile of money already, Ted. I don't think Kia can help you out.

Posted by: Justinian Lane | July 2, 2008 12:44 PM


Post a comment

Verification: