The Founding Fathers so revered the right to trial by jury that they enshrined it in the Constitution.
Said John Adams: “Representative government and trial by jury are the heart and lungs of liberty. Without them we have no other fortification against being ridden like horses, fleeced like sheep, worked like cattle and fed and clothed like swine and hounds.”
Patrick Henry agreed: “Trial by jury is the best appendage of freedom by which our ancestors have secured their lives and property. I hope we shall never be induced to part with that excellent mode of trial.”
Sadly, many modern-day Americans do not share the same reverence for this ancient system which predates the Magna Carta and would be more than happy “to part with that excellent mode of trial” if it meant they would never again have to report for jury service. Those who doubt this statement should Google the phrase “how to get out of jury duty.”
This is no surprise to those who have spent years working in the courts and have seen and heard it all. People are willing to camp out for days in front of an Apple store to secure the latest iPhone, but when it comes to jury service, they are simply too busy, their lives too important, to devote any time and effort whatsoever to a cornerstone of democracy.
Then there are people who will go to absurd lengths to avoid serving, like the woman who came to jury duty several years ago in Denver District Court with heavy makeup smeared on her face, oddly dressed, hair in curlers. She was selected for a pool and sent to a criminal courtroom, where she began babbling crazily. The judge presiding in that courtroom quickly dismissed her. Months later, the woman bragged on a local radio show that she had pretended to be crazy to get out of jury service. Unfortunately for her, the very judge who had dismissed her happened to be listening to that same radio show and was decidedly not amused. This inartful dodger wound up facing criminal charges for her antics.
And, of course, there are always complaints: Downtown parking is too expensive. The security lines are too long. Juror pay is too low. Trials are boring. And, the most common criticism of all, the entire judicial process just “takes so long.” Of course, the same could be said of having babies. Yet no one is suggesting people stop participating in that vitally important activity and just scrap the whole business because it “takes so long.”
The problem is, the more people have an “anyone but me” attitude towards jury service, the harder it is to get a jury pool which represents a fair cross-section of the community, which is especially critical in death penalty cases. This year, two such cases are set to go to trial in the metro area: James Holmes (Aurora theater shootings) and Dexter Lewis (Fero’s Bar and Grill murder and arson). Between these two cases, thousands of citizens either already have been or will be called for jury duty. It’s to be hoped that people will realize the importance and seriousness of their civic obligation, honor the summons and fully participate in the jury selection process, as arduous and tedious as it may be, and if selected, devote their best efforts to reaching a fair verdict.
Short of military service, there is no greater civic contribution a citizen can make than to serve on a jury. Fair and impartial jurors are the backbone of the marvel that is the American justice system, where criminal defendants are afforded the presumption of innocence rather than the assumption of guilt. The jury system is undoubtedly an imperfect work in progress, as is any human endeavor, but still far superior to the Inquisition or the Court of Star Chamber.
Contact Teresa Keegan at tkeegan@ecentral.com.
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