Jury Duty: You Don't Need to Be a Clairvoyant Racist Lunatic

Last week, my wife had jury duty on Wednesday and I had jury duty on Thursday. This week, my wife had her administrative observation on Tuesday and I had my administrative observation on Wednesday.

Weird.

I hope my wife doesn't get bitten by a rabid animal (probably a coyote) next Monday . . . because it's going to happen to me on Tuesday. These things come in threes.

As far as jury duty went, my wife got called upstairs but didn't have to fill out any questionnaires or do any interviews. So she didn't need to utilize any of the stupid advice people give about how to get out of jury duty. 

Stupid Advice People Give You So You Can Get Out of Jury Duty

"Tell the judge you're racist!"

"Tell the judge you can tell people are guilty just by looking into their eyes!"

"Act crazy!"

The Real Deal with "Voir Dire"

If you've ever been interviewed for a spot on a jury-- the process known in legal parlance as "voir dire"-- then you know this advice is absurd. You're in front of the general public, in a formal situation, talking to someone wearing robes, in a court of law.

You don't want to present yourself as racist clairvoyant lunatic.

You might run into these people in the future.

My wife sat in a room for a while and then got released early.

I was not as lucky as my wife.

I arrived at 8 AM, and snagged a choice seat at the one large table by the TV (advice from my wife) so I could get some grading done. The presiding judge came down and spoke to us about the importance of jury duty and the system. He explained the difference between an inconvenience and a hardship. Then we watched a video, which gave us some instructions on how to behave if we were on a jury. We instructed to not only listen to the witnesses, but to observe their body language and tone of voice as well. I had a problem with this, which I tucked away in the recess of my brain. Then I got back to reading quizzes.

I was called upstairs at 9:30 AM, with a hundred other citizens. One of the elevators was broken so we had to stuff ourselves into the good one, in shifts. We were crammed into a courtroom. I was sitting in between a tall white guy from Texas and an older African American gentleman with one earring who was working on an adult coloring book with some markers. The judge told us they needed 12 jurors for a criminal case, and then he told us a bit about the case. I can't reveal this information, or I might get fined $1000. The prosecutor and the defendant and the defendant's lawyer were all there. The defendant was accused of a violent crime. He was African-American and looked like a tough hombre. You'll understand why I mention his race soon enough.

We filled out two questionnaires and then the judge, prosecutor and lawyer interviewed possible jurors. This went on for hours. We finally got to break for lunch at 12:30 and I went to Tavern of George (a.k.a. Tumulty's) and inhaled a burger. The beer looked was tempting, but I didn't want to be found in contempt of court.

I went back, finished my grading, and added some information to my questionnaire. Quite a bit of information. There was nothing else to do. And I decided if I got called up that I wasn't going to repeat what I did last time I went through "voir dire." No pathetic pleading. I would not throw myself prostate upon the mercy of the court. My kids were older now, and more responsible. If I got called to be on a trial, so be it.

So I would be myself. I would explain that it was a rough time of year for me to miss-- because of the College Writing curriculum-- but that this was more of an inconvenience than a hardship.

At 2 PM, I got called up for some "voir dire." I took a deep breath and walked over to the table with the judge, the prosecutor, and the defendant's attorney. I sat down. I told the judge my school situation, but very plainly, without drama or histrionics, and he said he would consider it. Then we got into my questionnaire.

First he wanted to know why I said I wouldn't be able to convict someone just on testimony alone. I told him about the new Malcolm Gladwell book Talking to Strangers and just how difficult it was to determine whether a stranger was telling the truth or lying. I told him I had a problem with the instructional video, because its very difficult to determine anything credible from tone and body language. Some people always seem like they are telling the truth and other people always seem nervous or anxious or sketchy. And it doesn't mean much. I talked about the fallibility of human memory and the ambiguity of eyewitness accounts.

Then we went through the people my interactions with the legal world. My brother worked in the building. My dad was director of corrections. I had a few run-ins with the law, but mainly college shenanigans.

Then he asked me why I wasn't sure if the legal system was fair. I told him I had read and listened to a lot about Ferguson and the shooting of Michael Brown, and I had listened to Serial Season 3 in its entirety, which delved into the corruption int he Cleveland court system. I told him I had learned that sometimes the court system is designed to shake down and oppress people of color.

Then we took a look at the free response questions. We were upstairs for a long time and I had answered the questions comprehensively. For example, there was a question about how you get your news. I had listed every podcast I to which I subscribed-- this is a long list.

The judge saw this scrawling mess and said, "I don't think we've ever had anyone run out of room on the sheet."

We talked my favorite books and movies (the judge enjoyed The Irishman) and the prosecutor pursued the list of magazines I often read: The New Yorker and Harper's and Mother Jones and The Atlantic and Wired and The Week.

The judge took a look at the people I'd like to meet. I had listed The Wu-Tang Clan, Dave Chappelle, and Howard Stern. I forgot Larry David.

The judge thought about all this for a long moment and then said, "I'm going to have you take a seat over there."

He pointed at the jury box.

"Over there?" I said, in slight disbelief. I was headed toward the jury box! I quickly accepted it. It was my civic duty, it was only a six day trial, and my family would figure it out. It wasn't the end of the world. My students would be fine.

I took three steps, and then I heard the judge again. I turned. The prosecutor had just finished speaking to the judge. Telling the judge to dismiss me. No way the prosecutor wanted some liberal bombastic blowhard all full of random and useless information on his jury.

So I was dismissed. And I didn't have to act like a racist or a lunatic or a mind-reader.

I just had to be myself.