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Thread: Juries

  1. #1
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    Juries

    Thought about putting this in the LE forum, but, wasn't sure it fit.. Feel free to move it if it fits better there.

    Anyone ever serve on a jury for a major crime (something heinous that carries the possibility of major prison time, in this case life)?

    I recently had the "opportunity" to serve as a juror on a case that involved the kidnapping and sexual assault of a young teenager. The details are not something I'm comfortable sharing, save to say that there was not a single shred of doubt among any of the jurors about who the perp was. When he was arrested, he was still holding the victim. The guilty verdict took about 90 minutes. The first half hour or so was spent just unloading the stress of not being able to talk during the trial. It really only took about an hour to crawl through all the elements of the charge and make certain everyone was satisfied all the elements were met. There was absolutely no doubt in the room.

    But I'm still losing sleep over sentencing.

    In Texas, criminal trials are bifurcated. If you're not familiar with the term, it means that after a guilty verdict is rendered there is a second round of testimony before sentencing. In this second phase, the prosecution is allowed to bring in facts that were not allowed at trial. Prior criminal history and victim impact being primary. The defense is allowed to present mitigating testimony. Diminished mental capacity (not a factor in this case), family history, remorse or any other mitigating factor. During this phase we learned that this was not his first victim.

    Looking back at voir dire, both sets of attorneys asked the jury pool to self-identify any predispositions regarding sentencing. Using some hypotheticals, each juror was required to declare that they were able to consider the full range of penalties for the case. In this case the range was as wide as could be, from probation (under specific circumstances, not worth the distraction here) to life in prison. Anyone who wound up on the jury had sworn to their ability to consider the full range of penalties, knowing (again using hypotheticals) the nature of the case at hand.

    Our perp got a very lengthy sentence, but it was much less than I felt it should be. He'll be eligible for parole in time to spend a good number of years back out among us, assuming he gets parole early (the Judge assured me afterwards that it was unlikely, given the details of the case, but still... there's that chance.) As it turns out, there were several jurors that didn't honestly answer that "full range of penalties" question during voir dire. IMO, sexual predators that victimize children deserve not one day short of life in prison. Apparently, there are folks that hold out hope.... That believe these monsters should be given the opportunity for rehabilitation. I believe I got 100% of the sentence that jury was ever gonna unanimously give. I suppose I (and several others that were with me) could have hung the jury on sentencing, but, with a far-from-light sentence agreed to, risking kicking this to another jury, making the victim testify again, putting another 12 jurors through a retrial.... with no guarantees ... I agreed to the bird in hand. The State and the victim appear to be satisfied. The Judge said he felt certain the sentence would pass muster. (I'm not sure about the process for "approving" a jury sentence... if we did give him life, could someone in the justice system throw that out? Would a life sentence for such a crime be considered unreasonable and grounds for appeal?... ).

    I am still losing sleep. The possibility that, a long time from now, he may take another victim..... when there was a chance to put him away forever...

    Did I fail this victim? I wish I could ask her.
    "No free man shall ever be debarred the use of arms." - Thomas Jefferson, Virginia Constitution, Draft 1, 1776

  2. #2
    Site Supporter JM Campbell's Avatar
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    First off thanks for the topic.

    I have never been selected for a trial, just waited and waited for my name to be called.

    I think you did not fail the victim, you did not leave it up for another group of 12 to fail her. You compromised on a lower term to insure a punishment at this point of time. Lots of things happen to rapists and to greater extent child rapists/molesters in the Big House.

    You made a stand, he chose to create his own future.

  3. #3
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    Juries

    I have served on a jury in a case involving repeated, prolonged sexual assault of a minor (we sent him up the river for 40 years). I have also tried a couple dozen jury trials, ranging from misdemeanor criminal to multimillion dollar civil. Let me tell you about juries...

    I think that juries generally get to the right - or at least a defensible - result, although often for the wrong reasons. I also think that, generally, any individual juror will find it hard to sway or alter the outcome when a majority of the rest stand firm against him.

    In the case I served on as a petit juror, we had 10 jurors who wanted to convict and two for acquittal. We argued with them until they changed their minds. They then wanted probation for the defendant. We wore them down until they agreed to 40 years. Maybe I would have sought more in different circumstances. 40 is what was doable.

    I have no illusions that I could have changed the minds of 10 people arrayed against me. But with 10 on my side, we effectively argued for the results we wanted. But it was a negotiation...as is every jury deliberation....and is about as democratic a process as you'll find in our government today.

    All of this is to say - if you followed your oath, listened to the evidence without preconceived biases, voted your conscience based on that evidence, and advocated as hard as you could in the jury room for what you thought was just, but at the end of the day had to settle for something less because you were outvoted, had to compromise, etc....you did everything that could possibly be asked of you in that situation and can - and should - rest easy.

    Jury duty is just that - a duty, that can be abdicated, discharged honorably, or discharged dishonorably. Sounds to me like you did your duty.

  4. #4
    Site Supporter JodyH's Avatar
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    I've been foreman twice on major crimes, both times the verdicts/sentencing weren't exactly what I wanted them to be.
    But they're not supposed to be exactly what one juror wants them to be, that's why there were 12 of you.
    You were just a cog in the machine, don't lose any sleep over it.
    "For a moment he felt good about this. A moment or two later he felt bad about feeling good about it. Then he felt good about feeling bad about feeling good about it and, satisfied, drove on into the night."
    -- Hitchhiker's Guide to the Galaxy --

  5. #5
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    That sounds like a really tough task. In most states (including the one I live in -- Washington) the sentencing phase after a guilty verdict is handled by a judge in non-death penalty cases. Also, a lot of states also have sentencing "schedules," which start to look like math problems in factoring the range. This takes quite a bit of discretion out of sentencing, although there can be exceptions up or down from the range set by the schedule. Even when judges are handling the sentencing, it's not an easy task.
    Anyway, I agree with TR675, it sounds like did what you were asked to do.

  6. #6
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    I know more about sex offenders than juries but I believe you did your duty. Our justice system is imperfect but no one else has a better one; you did the best you could for the victim .

    Having spent four years working on a sex offender task force, I fully agree with you regarding the rehabilitation prospects for sexual predators who victimize children i.e. they are nonexistent.


    Next time you're losing sleep over the sentencing in this case, think about the "hate discipline" required on the part of LEOs to bring one of "those people" in in one piece. The other thing to consider is there's all kinds of justice in this world........ I've seen karma catch up with a few of these guys and it hasn't been pretty.

  7. #7
    Site Supporter SeriousStudent's Avatar
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    Agree with the others. You discharged your oath as a juror correctly. Your efforts were honest and sincere.

    You were only responsible for the actions of one person in that room. You did well.

  8. #8
    As a criminal defense lawyer in Texas, I am baffled and a little perplexed at when or why a sitting judge would make a comment about a sentence "passing muster". There is no "approval" of a jury verdict, if the defendant opted for jury sentencing, the jury sentence controls. The nature of his offense controls his parole eligibility, given what you describe it is likely a "3g" offense and he will have to serve a long chunk before eligibility, and it is only eligibility, not a guarantee of parole. Bad conduct in prison and he will serve the entire sentence flat.

  9. #9
    Member Charlie Foxtrot's Avatar
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    Roy, thank you for your Service.

    I've served on several juries, twice as foreman - it never gets easier. I doubt it should.

    I'll admit to ducking out of a child abuse/murder case because I didn't think I'd be able to observe the testimony and work couldn't allow the months long trial. I didn't lie during voir dire, but I did play to the defense shyster. Given your example, I regret that now. I probably would have been tossed anyway, with my "privileged" life (per the defense lawyer), gun ownership, cop in the family, etc.

  10. #10
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    I served on a grand jury for a road rage/shooting that left a little girl who was a backseat passenger dead. The grand jury was pretty split between 2nd degree murder and voluntary manslaughter. Shooter charged with voluntary manslaughter, convicted, judge threw out the verdict, shooter was not retried. I was stunned when I heard the news.

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