Tuesday, September 10, 2013

Jury Duty - a Waste of Time

I had the misfortune of getting caught up in Orange County jury duty yesterday.  At first it looked as though I'd wind up actually on the jury deciding a young man's fate on two criminal charges -- felony possession for sale of meth-amphetamine, and misdemeanor possession of a gun with the serial number removed.  He faced several years in prison, and I thought I'd be a fair juror.

The judge -- Sheila Hanson, a bright, energetic lady -- asked the early questions and two stand out.  First, she wanted to know if any juror had any experience with people who used controlled substances.  Of the prospective jurors, at least 6 in the jury box had issues with family members -- sisters, brothers, a son, nieces, and so on.  One gentlemen admitted that because of his experience with an addicted sister, he would have a real problem being fair to a "drug-dealer."  Having attended recovery meeting for years and as a result having many friends who are recovered drug-users, I told the judge that nonetheless I could be fair to the defendant and the prosecution.

I also told the judge that in addition to being a lawyer, I'd been appointed as a judicial arbitrator and served as a mediator.

The second question the judge wanted answered was whether any of us thought the drug laws were either too tough or too lenient.  Several of us on the jury thought the laws were "too tough," and my answer was to state that I agreed with  Superior Court Judge James Gray that the drug laws were a waste of taxpayer's money.  (See, http://en.wikipedia.org/wiki/James_P._Gray.) The fact is, the so-called "War on Drugs" is a total failure, and nothing is really accomplished by sending minor offenders to prison.

After the lunch break, the two lawyers had their chance to ask questions.  The young prosecutor, who I'd guess was about 30 or so but claimed 7 years of experience, asked a number of questions, none of which asked any of the jurors about their experiences with other family members or friends who or were addicted to drugs.  Neither did the defense attorney.

When it came time for the prosecutor to challenge jurors, the first person he picked was me.  By 2:30 pm in the afternoon of the first day, my jury service was over.  I did not just let it go at that.  I protested to the judge and told her that I thought my challenge had been because of my political views and was improper.  While she smiled at that, her only response was to remind me to check back downstairs with the clerks in the jury assembly room, and I was excused.

So, the young prosecutor didn't think I could be a fair juror to his side of the case because of my political views.  The local district attorney some years ago severely criticized Judge Gray for his political views on the failed War on Drugs, and now an individual juror gets the same treatment.   What could have been an opportunity for service to the community turned into a total waste of time.