Everyone knows the dread of receiving that notice in the mail informing you of jury duty as our minds immediately search for excuses why we cannot fulfill this civic duty. The first time I got called happened to be the
Everyone knows the dread of receiving that notice in the mail informing you of jury duty as our minds immediately search for excuses why we cannot fulfill this civic duty. The first time I got called happened to be the day a Matson container was dropped in our driveway to load up for our move, so you could say it was more inconvenient for my husband since he was left packing as I drove to court in Hilo. As annoying as jury duty is, when or if you are the accused you will appreciate good stand-up jurors who take the job seriously.
Some background on the American jury system is instructive. Article 111, Section 2 of the Constitution says, “The trial of all crimes, except in cases of impeachment, shall be by Jury” and the Sixth Amendment assures us of the right to a speedy trial, by an impartial jury of the state and district where the crime was committed.
Like many of our customs, the beginnings of our jury system came from the colonies’ English heritage. Early juries were fact finding bodies of local citizens and the facts they uncovered determined the fate of the accused. As things evolved juries heard mainly what prosecutors wanted them to hear. Odd as it seems there was a time when the defendant had no attorney and limited ability to take part in the proceedings. The function and stature of the jury grew over time due to some notable cases both in America and England in which juries were seen as protective of civil liberties.
Fast forward to modern day privatized penal systems with quotas to maintain prison occupancy rates, and noted cases of prosecutorial misconduct as in the Duke lacrosse case and one sees a justice system often stacked against the accused especially in the case of the poor with inexperienced public defenders, and you as a juror have an opportunity to see justice served.
A little known constitutional doctrine called jury nullification allows juries to acquit defendants found technically guilty but who may not deserve punishment. It is little known because it is never included in the judges’ instructions to the jury and defense lawyers are not allowed to mention it. The Supreme Court ruled judges have no obligation to inform juries about jury nullification. It’s not just an anomaly that our jails are filled with people serving long sentences for minor drug possession. An outdated or unconstitutional law, or distrusted testimony on the part of a prosecutor or witnesses are all examples where jury nullification would render a more just outcome. Just because something is legal does not make it constitutional or right.
Whether your reasons for evading jury duty are accepted by the judge, it’s a good idea to know about jury nullification when you are tapped to serve and this knowledge could make all the difference in the world to the accused.
As citizens of a free republic it is our duty to preserve it. If you would like to take an free online course, on the U. S. Constitution visit freeconstitutioncourse.com.
Mikie Kerr lives in Waikoloa and writes Constitution Corner monthly for West Hawaii Today.
