Towards the end of this week’s Cracked Podcast an important issue was raised: juries are peopled by human beings and human beings are not naturally good at figuring out cause and effect. Over the last few hundred years the sort of evidence juries would have to evaluate were fairly simple; things like “does the glove fit?” (Okay, that’s a bad example.) But now juries are faced with expert witnesses discussing things like DNA evidence which requires a jury capable of interpreting statistical evidence. This is fine if the defendant has the money to hire their own expert witnesses, but for poor defendants they might well get railroaded by the ignorance of the jury. Is there anything that can be done?
jury
I Have Been Summoned (Poll!)
So I have Jury Duty tomorrow morning. Early. I don’t know any of the details of the trial. I’ve been dreading it all week long but have gradually come to accept that there is no way out of it (or at least out of showing up the first day) so I might as well make the most of it. The problem is I don’t know what to expect. Will the lawyers cross examine me first? Or did that form I filled out a few months back suffice to make me a good juror (this is Montana after all, I’m sure we don’t have big-city standards)? I don’t think the form contained enough information about me for the prosecuting and defense teams to decide I am a good juror. So I am inclined to think that there will be additional questioning. And if so, that would be my ticket out of it because if just one team of attorneys thinks that I would make a decisive, respectable, impartial juror, the court will probably dismiss me. And I would likely never be summoned again. To be honest, I don’t think I would make a “good” juror because I don’t like authority all that much. Not cops. Not judges. Not elected officials. And I absolutely loathe lawyers with rare exception. If they ask my opinion about any of of these things should I tell them or hold back?
Should I be honest (assuming they ask me the right kinds of questions) and tell them I think their courtroom — no, their entire system — is running a racket? This would basically be the cowardly way to reclaim my rights to my own person because they can’t do anything to you for expressing an opinion. The less cowardly way would be to refuse to show up, but that could put me in a world of trouble since all commands handed down by the state are in essence backed by the barrel of a gun. Talk about judicial fiat! (Pardon the monetary lingo.) Continue reading
Don’t Vote?
Philosopher Jason Brennan gives us a thought exercise concerning voting:
Imagine 12 people are serving on a jury in a murder case. The prosecution and defense present evidence and call witnesses. The court asks the jury to reach a verdict. They find the defendant guilty.
Suppose four of the jurors paid no attention during the trial. When asked to deliberate, they were ignorant of the details of the case. They decided more or less at random.
Suppose four of the jurors paid some attention to the evidence. However, they found the defendant guilty not on the basis of the evidence, but on wishful thinking and on bizarre conspiracy theories they happen to believe.
Suppose four of the jurors paid attention to the evidence. However, they found the defendant guilty because he is an atheist, while they are Christians. Like many Americans, the jurors trust atheists no more than they trust rapists.
Do read the whole thing to find out why voting in a mass democracy is not necessarily something that should be automatically assumed to be good (or to go to war over, for that matter).
Co-blogger Warren Gibson has a great take on voting as well.
Notes On Liberty 