I�ve
been summoned to serve as a juror in the state of New Jersey where
I reside.� This is the second time in my life I�ve been called for
jury duty.� The first time was in Pennsylvania about 20 years ago.
I want to serve on a jury and plan to explain in a moment.
I don�t know about you, but every time in my entire life when
someone told me they were called to jury duty they immediately followed
it by wondering out loud how they could get out of it.� I�ve also
heard numerous conversations between people explaining what sad
story or outright lie they told to avoid serving on a jury.
I have also heard scores of people talk about how they hoped
they would never have to face a jury of individuals who were too
stupid to come up with a way to avoid it.
The New Jersey State website
has a great deal of information for prospective jurors including
the following:
Jurors
are an essential part of our justice system. The right to trial
by jury in the United States dates from Colonial times and is
rooted in English history. It is guaranteed by the Sixth and Seventh
Amendments to the Constitution of the United States of America
and Article One of New Jersey�s State Constitution. People have
a right to have matters determined by a jury of their peers. Participating
in our judicial system is not only an honor, but is also one of
our civic duties.
Although
juror service may be inconvenient, citizens must participate in
the jury process in order for it to work. Cases that go to trial
need to be resolved by citizens who hear the evidence, determine
the facts and render a verdict. It is impossible to get a fair
cross-section of the community to participate in the jury system
if people do not report for jury service. If you ever found yourself
or a loved one involved in a civil or criminal trial, it's likely
that you would want a jury of fellow citizens who will be fair
and impartial.
One
can also learn from the website that jurors are chosen from a single
list for juror selection that combines names of registered voters,
licensed drivers, filers of N.J. personal income tax returns, and
applicants for homestead rebates.
I
am a registered voter and licensed driver.
The
website says juror selection is a random process and you only have
to serve once every three years.
I�ve
been summoned to serve as a Petit Juror.� This sounded a little
funny to me because I am not petit (please excuse a little juror
humor there). Petit Jury service includes criminal and civil trials.
Petit jurors who sit on a criminal trial decide guilt or innocence
in a criminal matter. Petit jurors who sit on a civil trial decide
liability or damages.
I
qualify as a juror because I am over 18, a resident of New Jersey,
a US citizen, am physically and mentally able, have not been convicted
of an indictable offense and read and understand English.
The
official list of excuses accepted for getting out of serving as
a juror do not apply to me. The list includes:
medical
problems, membership of a fire department, caring for a minor
child or a sick, aged or infirm dependent,
holding job where I can�t be replaced or I can show jury service
would cause the suffering of severe financial hardship.
If you are over 75 years of age your request not to serve will be accepted.
If you are wondering what jurors get paid in NJ, the daily fee is set
by statute at $5 per day for grand jurors and for petit jurors.
In addition to that daily fee, the statute requires that petit jurors
receive an additional $35 per day starting on their fourth consecutive
day of service and each day thereafter.
The
term of service is not more than four days unless I am selected
for a trial which will require my service for the duration of that
trial.
There
are no rules about how a person who has been called to serve as
a juror must behave prior to being chosen for a trial.� However,
you have probably heard the rules like the following for a juror
once they are chosen:
There
are certain rules that a juror should follow throughout the trial
in order to be fair to all sides. During the trial, jurors should
not talk about the case with other jurors, or with other persons,
or allow people to talk about the case in their presence. If a
person persists, a juror should report the matter to the judge
or a court official immediately. Jurors are given juror identification
badges during their service so that no one mistakenly attempts
to engage them in conversation regarding any case being heard.
Jurors should not talk about the trial with witnesses, lawyers
or anyone else related to the case during the trial because it
could appear that something unfair is going on even though the
discussion may have nothing to do with the trial. The judge may
also instruct jurors not to listen to the radio, watch television
reports or read articles regarding the trial. Even if the judge
does not specifically prohibit it, jurors should not read or listen
to news reports about the trial during the trial.
The
above means I should be able to take my laptop computer with the
wireless feature turned off for taking notes in the jury box or
working on BlackCommentator while waiting for something to happen.�
I will certainly find out the answer to this.
The
last time I was called to jury duty I did not serve.� I forgot about
the date I was supposed to show up and as a result I received a
very nasty letter from the court.� I did not try to get out of it.�
I wrote back a letter of apology telling the court it was an oversight.�
I also said I was eager to serve for several reasons which included
the following:
-
I
have am immediate family member who has been imprisoned three
times and therefore, I have a serious a profound interest in
the American judicial system and the rights of prisoners
-
I am a journalist who has visited federal, state
and city prisons and reported on the condition of prisoners
and prisons
-
As a journalist I also gained an interview with
a member of a federal grand jury and reported that they were
considering possible criminal charges against former US President
Richard M. Nixon
-
Additionally, my experience as a journalist includes
covering numerous trials and interviews with those accused of
crimes, their defenders and prosecutors
After
I wrote back to the court in Pennsylvania, I never heard from them
again although I continued to live in the same place for the next
15 years.
I
can�t imagine why they didn�t want me (emphasis is mine as
I now try to indicate what I am saying is filled with sarcasm).
Don�t you think you would want someone like me on your jury?
I
gave similar reasons about myself in the small space allowed in
the form I have to return a couple of weeks ago. But so far I have
heard nothing.
I
don�t think you have to be a genius to read between the lines of
the facts as I presented them to get the idea I might be a person
who is not going to end up on the side the prosecution.� If you
drew this conclusion, you were correct.�
I
believe we put far too many people into prisons in America.� We
put far too many people in prison for very minor offences.� The
facts also show rich people do not go to jail as often nor as long
as poor people and white people do not go to jail as often as people
of color.
The
US has 5 percent of the world's population and 25 percent of the
prison population.
In
many parts of the US more money is spent on prisons than education.
I
believe one of the strongest elements of our judicial system is
the power of a jury to nullify.� Yes, I believe in jury nullification.
When
I am called on May 17, 2010 I doubt if anyone will as me if I believe
in jury nullification.� If they do, I will answer yes.
I
have seen too much plea bargaining. I have also seen the results
of lying and heavy handed behavior on the part of the police and
prosecutors.
So
I will go forth with unbridled enthusiasm to serve with honor as
a juror.
I�ll
let you know how it turns out.� I will not, however, report anything
until it is over.
As
always I ask you to remain angry, impatient and militant. I repeat
the importance of contacting
our elected
representatives between elections. Taking action is best, signing
petitions is good, but a personal call, letter or email should be
part of your plan too. Here are links and phone number for you to
use reach members of congress and the White House.
For
the U.S. House of Representatives: http://www.house.gov/
(enter your zip code in the upper left corner of the page)
For
the U.S. Senate: http://senate.gov/
(choose your state using the drop down menu in the upper right corner)
White
House Comment Line - 202.456.1111
White
House Switchboard - 202.456.1414
White
House Website contact form: http://www.whitehouse.gov/contact
BlackCommentator.com
Publisher and Chief Technical Officer Peter Gamble, is the recipient
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and numerous other honors for excellence in reporting and investigative
reporting. The �beats� he covered as a broadcast journalist ranged
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The lure of a personal computer on his desk inspired a career change
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