Monday was the third time I've had jury duty since I've run out of excuses for not having to go, and once again I didn't make it to voir dire, but I'm coming to believe that the jury system is the single most important--though misunderstood, maligned and abused--institution in the American governing system.
Where else can the random population make a decision that has an immediate impact on the greater society? Though we are trained to think of the legislative branch as being the closest to the people--because of direct elections and all--the economics of the political process makes that unlikely. A solid track record of donations, or influence on turnout betray the reality that we are not politically equal.
Not so on a jury.
The random process that drags people to jury duty smooths out all social differences. It's worth wondering whether a similar process for staffing Congress or the Texas Legislature might create an institution more in step with the preferences of the people. The closest I got to actual service I found myself with about 30 others outside a court room while a plea bargain was worked out inside. When the judge called us into the court room to explain what happened he mention that our jury pool included another state judge and a county commissioner.
Juries have been muzzled over time unfortunately. In revolutionary America jurors would nullify laws they objected to. That might get one sent to jail these days, but why? Shouldn't jury decisions be considered just another check on the powers of the legislature? Or might this give commoners too much influence?
Funny how people seem to enjoy disdaining the decisions of juries--think OJ and the rest. Considering that the typical juror has more in common with the American public than the typical legislator, judge or executive official, we might really be disdaining ourselves, which may not be a bad thing of course. We can all stand to be criticized.
I've found this website to be provocative. Perhaps we can beat this dead horse in 2302 when we start in on the judiciary.
