Wednesday, May 30, 2012

The Jury System

  Winston Churchill once said, "Democracy is the worst form of government except all the others that have been tried."  I feel the same way about the jury system.  I came to this conclusion during my first service as a juror over fifty years ago and haven't changed it since.  A recent summons to jury duty reminded me of that initial experience.

  At the time I was a resident of Los Angeles County.  In those days in LA, and maybe even now, one was called to jury duty for a month, and had to show up every weekday whether or not then empaneled in a jury.  (I now live in Alameda County, where one is summoned for just one day of service at a time, and dismissed if not picked then for a jury—much more efficient for the citizen if not the county.)

  I spent most of those thirty days in LA in a jury assembly room waiting to be called for possible inclusion in juries.  (I eventually served on about a half dozen.)  That seemingly interminable waiting none the less had a big payoff for me in the form of a splendid civics lesson.  As I talked at length with many of the other potential jurors, I was able to assay the raw human material of juries; it was of course diverse and it was not always impressive.  Much more importantly, I soon discovered an amazing feature of the jury system: When assembled into a jury, that undifferentiated raw material is magically metamorphosed by a strange alchemy, as if it were an admixture of lesser metals transmuted into pure gold.

  The backdrop of my civics lesson was the notorious Caryl Chessman case, which after a dozen years was reaching a final resolution.  Chessman had spent most of his adult life in jail.  While on parole, he was arrested and charged with being the infamous "red-light bandit," who followed cars to secluded areas and tricked their occupants with his red spotlight into thinking he was a police officer.  When they pulled over, he robbed and—in the case of several young women—raped them. 

  Chessman was convicted in 1948 and condemned to death under California's "Little Lindbergh Law," which allowed capital punishment for kidnapping if it also involved bodily harm.  In this case, the dragging of one of the women a few feet from her car was deemed by a court to be kidnapping.

  Chessman always maintained his innocence and spent twelve years on appeals, acting as his own attorney and also laying out his arguments in four books that became best sellers.  His case was an international cause cèlébre, involving appeals on his behalf by such notables as Eleanor Roosevelt and Billy Graham.

  By 1960, Chessman's legal appeals had deflected eight execution deadlines.  In mid-February of that year, then-Governor Pat Brown (the father of present Governor Jerry Brown) had issued another sixty-day stay of execution, which was about to expire as my jury term began.  The story was in the newspapers every day, and little was talked about in the jury assembly room other than whether Governor Brown should commute the sentence to life imprisonment or let the execution proceed.  I remember being shocked at how many potential jurors were impatient with the slow process of justice, feeling that the case should long since have been over and done with.  "Just kill the bastard!" was a common opinion.

  When I first heard that sentiment, I had not yet served on a jury.  It gave me a sense of foreboding.  Here were people with whom I might serve, and many of them—especially the least informed—seemed to me to be irrationally and emotionally baying for an execution.  If I were to serve on a jury with any of them, how would they act? 

  I need not have worried, for the metamorphosis I have mentioned always manifested itself.  In every jury on which I served, my fellow jurors carefully examined evidence.  They cogently and articulately argued their viewpoints.  They respectfully listened to others.  They tried to identify with plaintiffs and defendants.  They resisted being intimidated by judges and attorneys.  Above all, they seemed to have a reverence for their temporary but sovereign roles as personifications of the ideal of justice. 

  I have seen the same alchemy in operation every time in the last five decades I have served on a jury.  Jurors from every profession, spanning the whole range of education, of all ages, coming from every social condition, in each case unite in trying to determine the facts of a case and render a true and just verdict.  It never fails to impress me.

  On the other hand, my opinion of judges and lawyers has tumbled each time.  I have often found judges to be peremptory, impatient, and inured to the plights of those who appear before them—I suppose they are toughened by seeing too much of the worst of human nature over too many years.  And I have rarely found lawyers to be either seekers of truth or high-minded advocates—I suppose they cannot be in our adversarial system of justice.

  So, if I am ever unfortunate enough to be a defendant in a criminal case, or even only a party in a civil suit, I would willingly place myself in the hands of my peers. They will of course be fallible human beings, but I would count on that miraculous alchemy to transform them into ones who are as impartial as human beings can be.  I'd bet my life on it.

  Postscript: Although nominally opposed  to the death penalty, Governor Brown did not commute Chessman's death sentence.  He was executed on May 2, 1960, just as a new stay from a judge was being phoned to the prison's warden.  (The judge's secretary had originally misdialed the number, delaying delivery of the stay by a few critical minutes.)  In 1977, the U.S. Supreme Court struck down kidnapping as a capital offense.