Saturday, February 20, 2010

My Week as Juror: The Jury --Deliberations

Continuing on with my thoughts about serving on a jury last week...

Deliberations: This occurs after a trial when a jury goes into its assigned private room to think about and discuss evidence and testimony to help it reach a verdict.

After both the prosecution and the defense rested their cases, the judge then asked the deputy to escort us all to the jury room to begin deliberations.  She asked for two of the men to remain behind--the alternates were now named. They were not allowed to go back to the jury room.  The deputy gathered their things and we never saw them again.  There were now 7 men and 5 women, 12 in all, to decide a verdict from multiple charges.

Another surprise to each of us was that the judge told the deputy to take our cell phones.  Most everyone quickly called home to make arrangements or to let our families know we were beginning and they would not be able to call in nor could we call out.  No one asked, but my iPod Touch in my purse.  Since I had been accessing Wi-Fi via the courthouse, I could not send email, check my Facebook or my blog (they block these transmissions), but I COULD have received email (of course, I did not).  

The deputy brought in all the physical evidence that had been presented as well as our menu order sheets so we could order our lunch.  Later that evening we also ordered dinner as well and continued talking during our meals.  While we were waiting for lunch to arrive I asked if anyone objected if I prayed for our deliberations.  No one did and in fact, seemed glad for me to do so. :)  We certainly needed all the Help we could get.

We began discussing our notes at 1:30 p.m.  We went around the table and each person gave a synopsis of what we thought in general, about the case, as well as any questions raised, based on our memories and the notes we had taken.  We elected a foreman and he began writing the important elements on large sheets of paper (a few jurors helped tape them up on the walls all around us).  By the time we reached a verdict, 8 hours later, three of the 4 walls were filled with these note charts.  The foreman was wise in having us vote on items line by line that we unanimously agreed upon.  These were so helpful in reaching a verdict because if you agree on  A and B, then it is logical to agree upon C...

We stayed in that little room from 1:30 - 9:30 p.m. before we reached a unanimous verdict of guilty.  It had to be unanimous.  We did not know that previously this same case had gone into mistrial because the jury was deadlocked.   There was much information that we had not been told which, in my estimation would have made deliberations go much more quickly.   But, the law is the law, and there are certain technicalities that must be abided.  

The foreman completed the paperwork and we knocked on the door to tell the deputy that we had reached a verdict.  He seemed quite surprised.  We returned to the jury room.   Just like in the movies:  "Have you reached a verdict?  We have, Your Honor. Will the defendant please rise?"   The judge read the verdict and handed it to the Clerk who read it aloud.  Another surprise--the defense attorney said "Poll the jury" which meant that each of us had to be asked individually (by juror number, not by personal name) what our verdict was.  I imagine that is to make sure that no one was coerced in to agreeing or to intimidate someone to bail out of the consensus.  It didn't work. We all stood by our agreement.  Then we were taken back to the jury room. 

We did not hear the judge sentence the defendant, but she did during that short time. Afterwards, she came into the jury room to hand us our Appreciation Certificates and give us information about crisis counseling. Two counselors accompanied her to our room.  This is an excellent service--I have heard of it when there are shootings on college campuses but had never been introduced to it.  It may be helpful for some in the future and definitely was that evening.

The deputies walked us all to the parking lot to avoid contact with the family and the media and we all headed  home by 10:30 p.m.  

It was a week that I will never forget.



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