I recently sat in an overheated courtroom with seventy-five prospective jurors waiting to be called to fill twelve seats, but most hoping to go home. As the judge read the charges there were audible gasps from many of the jurors, angry shakes of the head, disgusted faces. I too recoiled inwardly—it was an ugly crime: "rape of a child with force," and "assault on a retarded person."
When introduced, the defendant stood and turned to face us, expressionless as coached, lest we judge the curve of his mouth or the level of an eyebrow. We are primed, each of us, to read subtle facial and body language cues. We often form a first impression in seconds. While we may come to change that impression in time, it's not easy. First impressions are potent.
There is a definite prejudice against those accused of crime, studies show. There's an initial presumption of guilt. After all, people think, this person has been arrested, he's been charged, and he's sitting in court with a lawyer, for Pete's sake.
Several times the judge reminded us of that most basic tenet of criminal law: a defendant is innocent until proven guilty.
While waiting through the lengthy voir dire, the tension was palpable. One person after another was excused from serving on the jury. On their way out, most walked past the defendant without looking at him, but several gave him a dark look, a glare that said, "What a nasty beast you are."
Right now he's innocent, I reminded myself as I waited. For this day, at least, he's innocent. The burden of proof is on the prosecution to prove guilt "beyond a reasonable doubt to a moral certainty."
By the end of the day, eight jurors were selected from the pool. I was one of them. The jury was filled the next day, and we settled into our seats to hear the details of the case.
After two days of testimony it became apparent to the dozen of us that there was no evidence that could convince us to convict this young man.
"Not guilty on both counts," was our verdict.
The defendant let go his expressionless demeanor and put his face in his hands and cried. So did his mother. And in the privacy of the juror's room, so did a juror or two.
"Not guilty on both counts," was our verdict.
The defendant let go his expressionless demeanor and put his face in his hands and cried. So did his mother. And in the privacy of the juror's room, so did a juror or two.
It's so easy to form an opinion based on any number of things other than the actual evidence. So human…and so dangerous. And yet, could this young man have actually "done something" as one of the jurors wondered as we were deliberating?
Of course. But there was nothing to prove it beyond a shadow of doubt. As for me, I don't think there was even a shadow.
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Of course. But there was nothing to prove it beyond a shadow of doubt. As for me, I don't think there was even a shadow.
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