I agree with
@ASFleischman here. Jurors really are doing their best. And often in trying circumstances.
I've been (very) hesitant to tweet about this, but I think it's now (3 years later) safe to do so. I have an odd personal-and-professional connection to this issue to share.
I was honored a few years ago to coauthor with a friend and mentor a piece on jury trials, reasonable doubt, and the (in our opinion) heavy moral burden for the system (not only judges or juries, but the system as a whole) to guard against the grave injustice of Type I error (wrongful convictions).
What I could not have possibly known at the time was that an Illinois alternate juror, and for a first degree murder trial, no less, would access our research and carry a copy with her trial notes. While I am in one sense flattered (we sometimes struggle to get students to read law review articles!), I also dislike that our research became smuggled contraband in this context.
The matter I'm referring to is People v. Barnett.
What is funny (if there can be anything funny in this context) is our research was actually ON HOW DIFFICULT IT IS FOR JURORS TO UNDERSTAND THE REASONABLE DOUBT STANDARD. So I do find it at least slightly humorous that a[n alternate] juror was so confused as to do independent research to obtain our piece in the hope of better understanding the matter at hand.
Returning to
@ASFleischman's assertion, in my experience, people bored by or incompetently performing their jobs do not do independent research or read scholarly articles trying to improve their performance.
Jurors want to do their jobs well. It doesn't help that in many jurisdictions judges are not allowed to define key terms (such as "reasonable doubt") or discuss key questions with the jury.
I have no doubt the jury system is fragile, flawed, and difficult to administer. But it is not, in my experience or estimation, a system filled with people who take their duties less than seriously. Quite the opposite.
x.com/i/status/2062830350137β¦
Man I disagree so much.
I find jurors to be generally thoughtful and reasonable, trying really hard to follow their instructions.
Many times they are more conscientious than the judge.
And when they're wrong, it's usually the fault of the judge or the lawyers.