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“During voir dire, the interviews for jury selection, each person is asked under oath about their experience with the criminal justice system, as defendant or victim, but usually not even the most elementary effort is made to corroborate those claims. One ADA [Associate District Attorney] told me about inheriting a murder case, after the first jury deadlocked. He checked the raps for the jurors and found that four had criminal records. None of those jurors were prosecuted. Nor was it policy to prosecute defense witnesses who were demonstrably lying--by providing false alibis, for example--because, as another ADA told me, if they win the case, they don't bother, and if they lose, "it looks like sour grapes." A cop told me about a brawl at court one day, when he saw court officers tackle a man who tried to escape from the Grand Jury. An undercover was testifying about a buy when the juror recognized him as someone he had sold to. Another cop told me about locking up a woman for buying crack, who begged for a Desk Appearance Ticket, because she had to get back to court, for jury duty--she was the forewoman on a Narcotics case, of course. The worst part about these stories is that when I told them to various ADAs, none were at all surprised; most of those I'd worked with I respected, but the institutionalized expectations were abysmal. They were too used to losing and it showed in how they played the game.”
Edward Conlon“And yet, for the fully modern being, not being able to tweet or otherwise " share" - feelings, opinions, thoughts, jokes, links to cat videos or pictures of dinner - for even an hour is akin to eternal exile in the desert, and hence in part the rising tide of juror-caused mistrials across the planet.”
Christie Blatchford, Life Sentence: Stories from Four Decades of Court Reporting -- or, How I Fell Out of Love with the Canadian Justice System“Let the judges answer to the question of law and the jurors to the matter of fact.”
Law Maxim“Maupassant is a man of mitigating circumstances, the lawyer who can bring the jurors around by demonstrating that they too could have committed such a crime. We are all murderers.”
Philippe Lejeune“The twelve jurors were all writing very busily on the slates. "What are they doing?" Alice whispered to the Gryphon. "They can't have anything to put down yet, before the trial's begun.""They're putting down their names," the Gryphon whispered in reply, "for fear they should forget them before the end of the trial.”
Lewis Carroll, Alice's Adventures in Wonderland & Through the Looking-Glass“The trial by jury is a trial by 'the country,' in contradistinction to a trial by the government. The jurors are drawn by lot from the mass of the people, for the very purpose of having all classes of minds and feelings, that prevail among the people at large, represented in the jury.”
Lysander Spooner“As long as we can get redress in the courts, as long as the laws shall be honestly administered, as long as honesty and intelligence sit upon the bench, as long as intelligence sits in the chairs of jurors, this country will stand, the law will be enforced, and the law will be respected.”
Robert Green Ingersoll“. . . I'm not sure we always respect the mysteries of the locked door and the dangers of the storytelling problem. There are times when we demand an explanation when an explanation really isn't possible, and, as we'll explore in the upcoming chapters of this book, doing so can have serious consequences. 'After the O.J. Simpson verdict, one of the jurors appeared on TV and said with absolute conviction, "Race had absolutely nothing to do with my decision,"' psychologist Joshua Aronson says. 'But how on earth could she know that? What my [and others] research . . . show[s] is that people are ignorant of the things that affect their actions, yet they rarely feel ignorant. We need to accept our ignorance and say "I don't know" more often.”
Malcolm Gladwell, Blink: The Power of Thinking Without Thinking