Today I finished three days of Jury Duty.
Yes I was surprised as much as anyone who knows me that I was selected.
As Winston Churchill said (and my nemesis in the jury room reminded me) “Democracy is the worse form of government except for all of the rest.”
Anyway, our justice system stinks. But sadly, I dont know of another system that Id trade ours in for. Maybe Singapores? Then again I dont have the need to tag walls with my graffiti and have never enjoyed gum that much. Yeh, maybe theyre a little too strict.
So my jury duty was a tediously interesting and ultimately sickening task. Did I serve on a capital murder trial or see some grotesque images? No, I was “blessed” to serve on a misdemeanor trial (assault and resisting arrest) with five other jurors.
My initial and continuous thoughts were; why is this thing wasting the courts time? A lot of people are spending a lot of energy, resources and time on something that should never have gotten this far.
The facts of the case are boring and if I have to rehash them here I would probably rehash my dinner at the same time.
But basically a girl (old enough but not mature enough to be called a lady), with her friends, insult and cause a general disturbance in a bar. When they are asked to leave they cop their privileged attitudes. A racial slur is thrown out at the black female bouncer (which of course none of these fallen angels will admit) which causes the bouncer to man handle the defendant while escorting her to the door. The girl reacts by kicking, screaming and swinging which causes another bouncer to call for help over the walkie-talkies. Vice officers are at the bar at the time and respond to the call. The vice officers identify themselves and tell her to stop fighting. She resists arrest and is eventually tazed because she refuses to submit to the police.
As I sat contemplating the cures for cancer that could be developed with the same resources that were being squandered on this trivial matter I identified 9 points (and counting) at which this could have been defused and disarmed.
1. The girl could have behaved like a lady. Insulting others is fine when you are watching them on TV. Dont go to a bar and do this and expect your superficial beauty will save you.
2. When confronted by the bouncer she could have kept her mouth shut and not antagonized the bouncer.
3. The bouncer could have ignored the racial slur and continued on with her escorting duties without dignifying the insult with a response.
4. As she was being forcibly assisted to the door she could have swallowed her pride and just left the establishment.
5. When the police arrived they could have asked both parties what was happening instead of just siding with the bouncers. Maybe such a moment of calm may have diffused the situation and given both sides an opportunity to save face and a chance for the girls to leave on their own.
6. As they attempted to subdue her she could have let them instead of resisting arrest.
7. The police could have tried a little longer to subdue her, or give her a minute or two to calm down before they tazed her.
8. Once subdued and out of the bar they could have given her a ticket instead of filing the two misdemeanor charges.
9. Both parties could have settled (which I dont think the defendants wanted to do because they will most likely be filing civil suits to try to make some money).
This case will probably go to a civil trial where the defendant will sue the bouncers and police officers. I hope that it doesnt go this direction. But like every mole hill turned summit, why stop now? Worked for Europe in 1914.
*Aside: After writing this article I struggled with my decision, after 4 hours of deliberations, to agree with the other jurors and find her not guilty on both counts. And while I do think she was guilty I feel at peace with my decision given the laws and instructions that the court gave me.
Dont get me wrong, she was not innocent, but she wasnt guilty according to the charges we were given. She was guilty but we couldnt find her guilty of her true charge: being a spoilt rotten, self absorbed, calloused and shallow girl who at the age of 24 still throws temper tantrums and refuses to accept responsibility for anything she does. Sadly there is no charge for that. All we could rule on where the two ambiguously worded, convoluted and legalese filled charges that were given to us. And unfortunately for her, she was found not guilty on both these counts.
Now why was this unfortunate for her? Well, the lessons she will probably take from the experience are…
1. It is never her fault.
2. Her daddy will bail her out of her poor choices (until the day when her dad dies from the heart attack that his daughter has given to him – seriously this guy has probably aged 10 years through this ordeal).
3. If you lie long and loud enough (and get your friends to lie for you) then people will believe you. Most of the jurors, for the record, new that she and her friends were lying but that was not a charge that we could rule on.
4. Money will buy justice. Most people of lesser means would have accepted the two misdemeanor charges and moved on. But if you have enough money you can purchase some lawyer-prostitute (yes that is my new term for lawyers who twist the law to line their own pockets) to get you off the hook on a technicality or in our case a loop hole that would let Charles Manson go free.
My hope is that she will learn her lesson and become a changed person. And that her family will let it go and move on with their life.
Im not holding my breath, although I am holding my nose.
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