Justice?
Today our jury completed the case we were assigned to. 11 decided the defendant was guilty as charged; I alone maintained there was not enough (or in fact ANY) evidence to convict him. The judge instructed us to find him innocent even if we thought he possibly or even probably did it, as long as we were not 100% sure. He said the British system of trial by jury is the envy of the world. I should have felt good about sticking to my guns and following my conscience, but I didn't. Watching a probably innocent man being convicted by majority vote made me feel sick to my stomach. He will have to sign on the Sex Offender's Register today, and will be sentenced next month, probably to a term in prison, where, owing to the nature of his alleged crime he will have a very rough time of it. Whatever the result of the sentencing, his life is effectively over. When we adjourned on Friday only 6 thought he was guilty; this morning it was 11 after no formal discussion. I put my case quietly but firmly, refusing to be drawn on the speculation and irrelevant inferences the others were drawing and loudly and confidently declaiming. I repeated that in my opinion there was simply no evidence. No witnesses, no forensics, and the "crime" was committed 20 years ago. My fellow jurors thought he looked "shifty" or other such silly items of non-logic. They acted on the emotional aspect of the case and wanted someone punished. I tried to only deal with hard facts and logic as the judge directed. Should I have argued my side more and tried to change some minds? They were very vociferous in their opinion; I don't think it would have worked. I was shaking when I stood up for my beliefs in the jury room, and was tearful after the verdict was delivered. Some of the jurors looked a bit sheepish when they realised the enormity of what they had done, the responsibility they had held. The rest of the day I felt sick and upset, but by the time I went home all I felt was anger at the system. My advice is never to get accused of anything that will be tried at Crown Court if you want justice.....
In the words of Portia in the Merchant of Venice:
The quality of mercy is not strained.
It droppeth as the gentle rain from heaven
Upon the place beneath. It is twice blest:
It blesseth him that gives and him that takes.
Tis mightiest in the mightiest; it becomes
The throned monarch better than his crown.
His scepter shows the force of temporal power,
The attribute to awe and majesty,
Wherein doth sit the dread and fear of kings.
But mercy is above this sceptered sway;
It is enthroned in the hearts of kings;
It is an attribute of God himself;
And earthly power doth then show like God's
When mercy seasons justice.
William Shakespeare
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