The verdict on jury duty is split. Everybody knows it's important but nobody wants to be the one to serve.
The ways to escape a tour of duty in the jury box have become the stuff of legend and Web sites. There is the basic excuse - only speaking Spanish, holding inflexible views on law enforcement or having a boss who won't approve the time off - and the more creative, like in vitro fertilization. Yes, even the rigid scheduling of planned conception is more frequently cited as a reason why a prospective juror just can't commit to trial, according to the San Mateo County Jury Services Division.
But, if Presiding Judge George Miram had his druthers, the masses (or at least the 10 percent actually called to the court from the 2,000 summons mailed monthly) would shelve the feeble excuses and happily settle in for a week of civic obligation. On average, trials last only a few weeks at most and jury duty is the only way most people get to participate in government, he argues. Very few people will ever become elected officials but nearly all will get, at least once in a lifetime, that envelope belly-flopping the recipient into the jury pool.
For those more into Court TV than C-SPAN, sitting on a jury offers front-row seats to parts of society they might not otherwise see.
"It's a slice of life," Miram believes.
A bizarre murder, a drug hit, a wrongful death claim, consumer fraud, public intoxication, petty theft, rat-hoarding, cat-killing, kidnapping, identity theft. These are not themes that the average Joe or Jane sees outside the latest pulp novel. Of course, in novels there aren't also pages of evidence and testimony so dull it can make one prefer weathering through a planning commission meeting. That's part of the deal, though - quickly learning that real-life courtroom dramas aren't all blood spatters and surprise witnesses. Think of it as a longer, less glossy "Law & Order" episode.
It also seems the jury pool can also double as a dating pool. Miram recalls many people who met their future spouse while serving on juries. Perhaps the couple that convicts or acquits together, commits together.
Other than those facets, there appeals little allure in being a generally unsung hero in the judicial process. Unlike boisterous defense attorneys, stoic prosecutors and the stereotypical irascible judge, the dozen jurors and couple of alternatives get very little individual accolades or tangible rewards.
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Not every juror will land on a Michael Jackson, Scott Peterson or O.J. Simpson trial. Not everyone will have bookers from Larry King champing at the bit to give them 15 minutes of fame when the trial is done.
Most will get a few days off work, $15 bucks a day and a new understanding of science, forensics, auditing or equally snooze-inducing material. For those rare few that do end up on a publicized case, their time and effort is rewarded with Monday-morning quarterbacking by court watchers not privy to the deliberation room. We pick apart what jurors do, wonder how they could hang, assume racial bias, shake fingers at their apparent disregard for the law, speculate about potential verdict rigging.
If that's a reward, it is no wonder jury duty is right up there with root canal on the "not so fun list."
This week, though, potential jurors are also getting baked goods, coffee, speeches by judicial officers and a huge thank you from San Mateo County as it celebrates Jury Appreciation Week. Judges like Miram and all those involved aren't dense; they know a few brownies and wireless Internet access in the jury lounge aren't so enticing that nobody will ever again try to avoid serving. A few days of gratitude, though, is at least some token. Until more private businesses agree to pay employees called as jurors or the daily compensation is upped to a livable amount, jury duty will remain a pain rather than a privilege.
Frankly, there's very little - brownies and blood splatters aside- that makes jury duty appealing. Only after trial do many jurors even realize what an important role they played. So, why not just buck the summons and risk a bench warrant for failing to appear? Primarily because those that do forfeit the right to ever second-guess a verdict, complain about justice or wonder why juries aren't more diverse. A jury of one's peers only works if one's peers are willing to participate.
Much like voting, jury service is an obligation but one that is for everybody's own Constitutional interest. It's not called a duty for nothing.
Michelle Durand's column "Off the Beat" runs every Monday and Thursday. She can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 104. What do you think of this column? Send a letter to the editor: letters@smdailyjournal.com.
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