RutLaw Blog Friday, August 13 2021
I recently got a summons to jury duty. It was interesting to be on the other side of the bar, to be questioned by the lawyers about whetther i should serve on the jury. Turns out, I was the man who knew too much, so ... I was excused. A couple of weeks prior I was talking to a juror after a trial (in my usual role). It was pretty apparent to me that this juror had not followed the Court's instructions in reaching his verdict. He was earnest, and he believed he had some personal know-how that was appropriate to bring to bear in the case (though the instructions said not to do so). I have also have my usual dealings with judges and witnesses ... Slometimes both judges make mistakes (I have heard) and sometimes witnesses do, too (maybe they have an off day). But the point is ... we all have a role to play in our judical system. And we need those roles to be fulfilled and done well. We need the judges to make rulings, both impartiallly and prediciably, so that we can know how to try our cases (or not, that is, to settle them). We need lawyers to advocate zealously within the bounds of the law, arguing every reasonable inference while understanding that we are not entitled to our own facts. We need juroris to follow the Court's instructions and judge the facts accordingly. And we need citizens to show up for jury duty and also, as witnesses, testify truthfully and provide information needed to resolve our disputes. These roles, sometimes in tension, are all necessary. We all have a role to play to make our judicial system work. Our criticisms of our judicial system ultimately falls to each of us to address. |
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