{"id":8799,"date":"2022-12-19T13:25:49","date_gmt":"2022-12-19T13:25:49","guid":{"rendered":"https:\/\/9thstreetjournal.org\/?p=8799"},"modified":"2023-03-27T15:59:25","modified_gmt":"2023-03-27T15:59:25","slug":"reflections-jury-selection-is-gritty-messy-and-inspiring","status":"publish","type":"post","link":"https:\/\/9thstreetjournal.org\/2022\/12\/19\/reflections-jury-selection-is-gritty-messy-and-inspiring\/","title":{"rendered":"Reflections: Jury selection is gritty, messy–and inspiring"},"content":{"rendered":"

While most of my friends spent Halloween at costume parties or trick-or-treating, I was at the Durham County Courthouse listening to the opening statements of a high-profile homicide trial.\u00a0<\/span><\/p>\n

In 2019, Schajuan Ervin (now 28 years old) was <\/span>charged<\/span><\/a> with the murder of 23-year-old Marcus Jackson after a shooting at a Durham apartment complex. Before Ervin could be tried, prosecutors and the defense had to pick a jury. So, on that Monday in October, I sat in on eight hours of jury selection.<\/span><\/p>\n

For a while now, I\u2019ve been fascinated with how the court summons people to help decide the fates of their fellow citizens. When I turned 18, I was excited\u2014not to donate blood or qualify for a 10-year passport\u2014but to finally be able to serve on a jury. Because I had seen trials play out on my favorite TV shows, \u201cHow to Get Away with Murder\u201d and \u201cBetter Call Saul,\u201d I thought it would be cool to be a juror for a criminal case.\u00a0<\/span><\/p>\n

In the gallery, I sat directly behind the victim\u2019s family. Marcus Jackson\u2019s mother, Nicole Elliott-Jackson, sister, Akira Jackson, and girlfriend, Kayla Tripp, were among the 10 sitting shoulder to shoulder, exchanging tissues and sad smiles. I quickly realized today would look nothing like TV: no over-performed dramatics by Viola Davis or exaggerated mundanity by Bob Odenkirk. Today was real life\u2014which was something else entirely.\u00a0<\/span><\/p>\n

That day, I learned just how gritty and messy jury selection could be. Yet I came away clinging to the promise of civic responsibility and democracy.<\/span><\/p>\n

Judge Jim Hardin sat perched above Courtroom 7D in Durham County Superior Court. Hardin explained that he was an \u201cemergency judge\u201d replacing Judge Michael O\u2019Foghludha. Hardin <\/span>retired<\/span><\/a> in 2021 after 36 years at the Durham County Courthouse.\u00a0<\/span><\/p>\n

After hearing a couple of motions from the defense, Hardin invited about 40 Durhamites of different ages, genders, and races to fill six rows in the gallery.\u00a0<\/span><\/p>\n

\u201cI believe each of you has places you would rather be\u2014or need to be,\u201d Hardin told the audience. \u201cServing is a significant obligation of citizenship. [It is a] direct contribution to our democratic life.\u201d<\/span><\/p>\n

I didn\u2019t find Hardin\u2019s statements surprising or radical. So, when the judge went row by row asking if anyone, due to extenuating circumstances, could not serve as a juror on this homicide trial, I didn\u2019t expect him to face so much resistance.\u00a0<\/span><\/p>\n

More than 17 people argued their case to the judge: poor health, limited childcare options, trying to have kids, non-refundable travel plans, closing on a home, and more.<\/span><\/p>\n

One woman wearing a navy blouse said she had booked a flight to Texas for the following week.<\/span><\/p>\n

\u201cI don’t know if there is a Zoom option,\u201d she said with a laugh. \u201cI am happy to serve, but I have to go.\u201d After assuring her that there was no virtual jury duty, the judge deferred her service for 30 days.\u00a0<\/span><\/p>\n

Other sob stories didn\u2019t receive the same consideration.\u00a0<\/span><\/p>\n

A man who works at Duke Energy said that his employees would feel his absence if he were to serve as a juror for this trial.<\/span><\/p>\n

\u201cIs there nobody who can take over your responsibility?\u201d the judge asked. \u201cI assume there is\u2026 It\u2019s a huge company.\u201d\u00a0<\/span><\/p>\n

Hardin denied the man’s request and suggested he find a replacement at his job.<\/span><\/p>\n

During recess, I Googled<\/span> \u201c<\/span><\/i>How to get out of jury duty.\u201d I found a wikiHow <\/span>article<\/span><\/a>, a 12-step method (with pictures?), and a <\/span>study<\/span><\/a> about Americans who lie to get out of jury duty. The study found that 7% of Americans admitted to lying so they wouldn\u2019t have to serve.\u00a0<\/span><\/p>\n

Even more striking and discouraging was that 60% agreed that most jurors \u201cdon\u2019t really understand the laws they\u2019re asked to apply.\u201d To my surprise, prosecutor Kendra Montgomery-Blinn addressed this phenomenon after the break.<\/span><\/p>\n

\u00a0After directing the first 12 prospective jurors to the jury box, Blinn began by setting general ground rules. First, jurors must answer all questions truthfully. Second, jurors must not talk to anyone else about the case. Third\u2014and most difficult of all\u2014jurors should not form an opinion about the guilt or innocence of the defendant until the judge has instructed them to deliberate. Even then, they must base their decisions on evidence alone.<\/span><\/p>\n

Blinn asked the jury if they hold any values (religious, political, or moral) that would impair their ability to render a guilty verdict.<\/span><\/p>\n

\u00a0Juror 3, wearing glasses, a turquoise mask and a floral blouse, timidly raised her hand. She said that when she lived in Austin, Texas, police pulled her daughter over 17 times.\u00a0\u00a0<\/span><\/p>\n

\u201cMy entire family is Black and brown. They have had interactions with law enforcement where they were abused,\u201d she said. \u201cI have a very healthy mistrust of the justice system.\u201d<\/span><\/p>\n

Blinn explained to her that it is challenging for jurors to anticipate or predict how their personal, political or religious affiliations may influence their decision-making process. Still, she urged Juror 3 to consider that Black and brown people are disproportionately victims of crimes. Blinn nodded to the Jackson family behind her.<\/span><\/p>\n

\u201cIt’s hard,\u201d Juror 3 said with a sigh.\u201cI teach Black and brown children all day. I see their circumstances, my family\u2019s circumstances, and the Jackson family\u2019s circumstances. I don\u2019t want to make the wrong decision.\u201d<\/span><\/p>\n

Blinn asked if she could base her verdict on the evidence and law alone.<\/span><\/p>\n

\u201cI don\u2019t think so,\u201d Juror 3 said, shaking her head. Hardin dismissed her.<\/span><\/p>\n

I felt for Juror 3, but I didn\u2019t understand her approach. As a Black woman who often feels apprehensive about the powers that be within our legal system, I couldn\u2019t understand how not participating was the solution. How would she ever lay her uneasiness to rest if not by actively working against injustice?<\/span><\/p>\n

Blinn sorted through a stack of juror questionnaires. After addressing sweeping concerns, Blinn got to know each juror one-on-one.<\/span><\/p>\n

These surveys, each with 23 questions, provided insight into jurors\u2019 employment history, family lives, previous interactions with the attorneys, and religious affiliations.\u00a0<\/span><\/p>\n

Juror 10 volunteered to go next. Blinn shuffled through the stack to find her completed survey. Juror 10\u2019s brother was murdered in Cleveland when he was 26. Police never identified the person responsible. Blinn asked Juror 10 if this personal connection to the trial at hand would keep her from being fair.<\/span><\/p>\n

\u201cI have been on both sides of the spectrum,\u201d she said. \u201cI also have a family member who has caused a death.\u201d Fifteen years ago, her cousin received a life sentence after being convicted of murder.<\/span><\/p>\n

\u201cHe caused a lot of pain,\u201d she said, choking up.<\/span><\/p>\n

I was inspired by Juror 10\u2019s ability to separate her emotions from her work as a juror. She was committed to doing the right thing, regardless of her personal experiences or opinions.<\/span><\/p>\n

\u201cWe don\u2019t ask that you all [jurors] don\u2019t feel anything,\u201d Blinn said. \u201cWe ask that you all can realize what you\u2019re feeling, put that aside, and pull forward the evidence.\u201d\u00a0<\/span><\/p>\n

Juror 10\u2019s testimony showed me that serving has little to do with partisanship and everything to do with humanity. Regardless of the case, it is a privilege to serve on a jury\u2014not to impose your personal views but to uphold justice. We must show up for those who experience injustice in the criminal legal system. Jurors champion justice; that\u2019s their superpower. All it takes is honesty, self awareness, and impartiality.<\/span><\/p>\n

Editor\u2019s note: Reflections is a feature that encourages student journalists to explore how they have learned and grown from the stories they have written for The 9th Street Journal. It is funded by a grant from\u00a0<\/i>The Purpose Project<\/a>.<\/i>

<\/p>\n","protected":false},"excerpt":{"rendered":"

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