Hey Holo,
Thanks for link and the upvote on my entry in the contest.
I agree that you probably should change the title to this post. My agreement for the change probably isn't for the same reasons though.
I'm nearing the age of retirement and when I was young I dreamed of being a lawyer. In the summer just after my high school graduation my dreams were shattered when my father past away and I ended up going to work to help my mother survive financially. College and law school was not an option at that point.
I never lost my curiosity or interest in law, just never had the opportunity for formal education in it. When computers and internet came about I was able to learn more about law than I could have imagined. What I learned would shock you, it did me.
I used to be like most people, you included, who felt jury duty was a waste of time. How wrong I was and you are. I said 'was' for me because I now know the truth about law and how important juries. I'll explain.
First off, most courts are not "courts of law". The law of the land in the state of CA where you are (or were) and TX were I am is "common law". You won't find rules, regulations, codes in common law; they don't exist.
The basis of common law dates back to pre-Roman empire if not earlier than that. It is, in a nutshell, a man should act and behave in his local society so as to not cause harm or do wrong to his fellow members of his society (community).
It doesn't get any simpler than that can it? In common law only a "man" can make a claim against another "man". ( "man" includes both men and women).
So, lets say I stole your dog from your yard. You knew I took it without your permission. You would go down to the local DA and have him press charges on me for theft.
The court would issue me a summons to come answer the charges, a jury would also be summoned to hear the case. So you tell the jury you saw me take your dog, and that the jury should find me guilty.
In my defense, I stand up and tell the jury that I did in fact take your dog, without permission, but the reason was your dog would get loose three times a week and bite the children in the neighborhood.
No dispute I stole your dog and by the laws we are under today I would be guilty in the juries eyes so you'd win and I would have to give dog back and most likely pay a fine for the crime of theft of property.
But let's say it was the same circumstances, same testimony, but no DA and State charges of theft, just you making a claim in common law court that I stole your dog.
The jury can use common sense and since your dog was injuring the neighborhood children as I described they could say I innocent even though I said I took the dog, because I had good reason to take it.
The common law system works fine and had for centuries, but government decided that it could use "law" to generate revenue and that is how we have ended with all these codes and statutes we must obey or fined for not obeying.
This is getting pretty lengthy so I try and cut it short, there is so much to explain and I think you would benefit greatly if you knew about. It might also change your perspective on jury duty.
Common law allows the jury to decide what the law is in their society (local) and the punishment if needed. So they essentially try the facts of the case and the law at the same time.
Here is the beauty in all of it: codes and statutes are subservient to the common law, so a jury can invoke the jury's right to use common law in today's court cases.
Let's say I get busted with a bale of pot. Arrested and taken before a jury on charges of possession with intent to distribute. The cops had valid search warrant, they did everything correct, the DA's case was rock solid.
I offered no defense and sat mute at trial.
The jury could go into deliberations and if they had two or three people who knew common law they could explain to the others that they have the right to try judge both the law and the evidence.
By luck the jury was a bunch of former dope smokers from the 70's and 80's and really didn't see anything wrong with smoking or selling pot. So they could decide the law was "null and void" and find me not guilty with a clear conscious, thus overturning the law by their votes.
Go search the term "fully informed jury assembly ' there is plenty of good information regarding jurors rights and duties, that court room "judges" won't ever tell the jury about.
As a juror it maybe the only time in your life that your one vote can help make a change . And if more people knew this we could end changing these oppressing laws that government feels the need to burden us with while using those as form of taxation.
So I get where your coming from on being called for jury service, and then cases being plea bargained away, I get all that. It is frustrating, I've been there and done that.
Most people look for ways out of jury duty, I'm disappointed if I don't get picked because I am informed and have away of convincing people to at least hear me out.
Thanks again and best of luck with the contest,
Sult
RE: Jury Duty is Stupid