Monday, February 9, 2015

Voir Dire

Hes made the same inquiries no less than twenty different ways, but a common theme is emerging.  So Im ready when its my turn. Yet once he realizes I cannot be riled by his somewhat caustic query into the job title I provide on my questionnaire, Real Estate Executive, Im puzzled to discover Ive escaped the grilling those before me endure, at least in Round One.

How to frame my reservations consumes me from almost the minute my peers in the box begin entertaining questions.  Im one of the random twelve seated for jury selection in a civil case, surprised to find the jury in my head is still out when it comes to deciding in this situation how unbiased I believe I can be.
 
Ive lost count by now; its probably upwards of six potential jurors excused before me.  But no one has the same issue I do. No one seems to be struggling with the moral dilemma bothering me; theyre making it clear lost time at work will be a problem or past experiences with law enforcement may have jaded them, just a little.  They all proclaim theyll do their best to be fair and do whats right, but even us amateurs can read between their lines.
       
The judge and attorneys are asking us to administer justice, as our society defines it, to leave our philosophizing and thinking at home, to follow instructions as dictated by the law.  And its in this moment I realize I am my teenaged son; the one Id describe as defiant.  How many times have I said words to the effect of it doesnt matter whether you agree with the law, you need to follow it?  And here I am being asked to put my own opinions to the side, to do the very same thing as a steward of our judicial system.

When the plaintiffs attorney finally makes it to me, Ive decided.  I need to take my own advice.  Resolve your ethical issues early, is what I always tell others, They'll never go away.  And so I say whats on my mind.  I feel my face burning as the words settle like ash on those in the courtroom; I'm willing this Real Estate Executive to control the flames engulfing her face whenever she puts a risky opinion out into the world. I imagine how the defendant wishes he could prevent my imminent removal from the panel; I wonder how the plaintiff feels about himself and his situation upon hearing my words.  But mostly Im curious about my fellow prospective jurors.  When theyre asked if they share my opinion, they all say no. Do they really mean it?  Or are they afraid to put themselves out there?

As Im driving home I ask myself, am I capable of following the judges instructions and leaving my beliefs outside the room?  Yes, Im capable. But given the choice, Id prefer to abstain.  We dont always get a choice, but I have a choice today.  I can speak my truth, and put this deliberation in the hands of another citizen who, with a clearer conscience, will have capacity to weigh the facts objectively, or I can keep quiet and cloud the proceedings with my own inner turbidity.

In the end, I do exactly what we are asked to do in this process: Speak truth.  My truth doesnt have to be everyone elses truth. The plaintiffs attorney thanks me for my honesty, acknowledging this is exactly why they ask these questions. As I exit the courtroom, I swear I see a look of respectful regret cross his face.  Funny thing is I know under different circumstances Id make a damn good juror.  He knows it, too. 

No comments:

Post a Comment