Sitting in the Jury Assembly Room and told they are short of jurors today! So much for the early release... :-/
Update: The last time I had jury duty, I was not called, sat around the assembly room for 7 hours.
Today, I actually got called in a jury pool of 24 people for a misdemeanor drunk driving case. I was weened our during Voir Dire (jury selection/elimination, depending on your perspective) and I learned what people say to avoid sitting on a jury.
During the process of
Voir Dire, first the judge talked to us about the process, explaining how it would work, but also eliciting answers from the jury regarding perspective and the concept of "beyond reasonable doubt" versus "beyond all doubt", which the former is a personal standard, but the lawyers were keenly interested on where the jurors set their individual bar.
If you say that you view what all authority figures (such as law enforcement) testimony as gospel/proof you will be eliminated by the Defense. As a general standard if you disregard an authority figure's testimony in itself as proving something like being drunk, (beyond a reasonable doubt), you will be eliminated by the Prosecution. And if you say you hold it against a defendant if they don't testify in their own defense, or if you say that you are biased against an individual just because they have been cited (by authority) you be eliminated.
I was called up to the bench by the judge and asked this specifically: without a breathalyzer, could I accept the testimony of law enforcement as proof that an individual was intoxicated? I said that depends on the individual. In a friendly exchange I was told they needed a yes or no answer. When pushed, my answer was that there are tons of good officers out there, but there also bad officers and unfortunately without corroborating evidence of a breathalyzer or a video, I could not accept the testimony of one law enforcement officer as proof beyond a reasonable doubt. I was dismissed by the Prosecution. Ok, by me.
The jury pool was reduced down to 6 individuals from 24. I was surprised, thinking it would be more like 12 down to 6.
During this phase of the trial, I learned something very interesting. Although this was the Voir Dire phase, the defense lawyer went out of his way to tell the jury pool, about
breathalyzers. That there is only one company in the country that makes these devices, that this company has a patent on the hardware and software and no one at the local law enforcement level have anything to do with the calibration or testing of these machines, which if I remember correctly are calibrated once a year. There are no daily checks of this equipment. I don't know how many of you work with machines that need calibration, but this really got my attention. The lawyer had expertly placed doubt into my mind, and maybe many of the jury. Enlight of my dismissal from the jury pool, I don't know if this aspect would figure in this particular case or not.
Secondly I learned that in Texas there is no law that requires you to take a breathalyzer test or be found guilty. For this I go back to my Airline pilot experience, where this was the case- if you got random drug tested and refused, you would be terminated for cause. There is no requirement to submit to a breathalyzer in Texas, which leads me to say that if you have been drinking there is no need to incriminate yourself with a breathalyzer.
I also learned that the U.S. as compared to Canada and England, of the 3 countries, the U.S. is the only one that guarantees a jury trial. This was said, while they were telling us what an important job we were doing. Interesting, I did not know or had forgotten that! Anyway, I'm happy I dodged the bullet this time.
