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posted by martyb on Sunday August 21 2016, @10:37AM   Printer-friendly
from the government-of,-by,-and-for-the-people-on-its-deathbed dept.

I've previously mentioned federal whistleblower Peter Van Buren here and his expose on working for minimum wage at a store he called "Bullseye" while his lawsuit wound its way through the court system.
He has now blogged about a part of government which, apparently, hasn't had any new ideas since 1856.

I just wrapped up a couple of days of jury duty.

Note "jury duty", which is very different than serving on a jury. I didn't do that. Being on an actual jury involves making a careful judgment on someone's life. I did jury duty, which involves waiting and sitting and waiting, while watching your last hopeful images of democracy fade away.

[...] It was about 10:30 before a guy who said he'd been doing this exact same job for 34 years began speaking to us as if we were slow children or fairly smart puppies. The bulk of his explanation was about how most of us would get our $40 a day jury payment, and the many exceptions to that. It was then lunch.

[After lunch, we waited for the rest of the day but] were unneeded. We were dismissed until re-summoned tomorrow morning.

[...] The next morning, [...] I got called to jury selection, along with about 20 [others who had been waiting in the same semi-air-conditioned room]. We were brought to an unventilated hallway to wait for 30 minutes before entering an actual courtroom. [...] We did an olde timey swearing in, and then were invited to visit the judge and explain any "issues" we might have that would prevent us from serving on a jury.

It was pathetic. Nearly everyone bitched, whined, begged, and complained that they could not do it.

[...] I got bounced out of the jury selection in the next phase. Both the prosecutor and the defense attorney asked us questions about our jobs, our thoughts on law enforcement (especially if we trusted police to testify honestly), and the like. I answered every question completely candidly and was thrown back to wait three more hours until "jury duty" was over. The only way I could have served would have been to lie.

[...] This system is a mess. [...] The 19th century notion that everyone simply must find a way to put their life on hold does not work. [...] Telling single parents to just figure out child care, Wall Street brokers to just not care about millions of dollars, students to just miss class, and people who work freelance or hourly to just suck it up and lose their already limited income is not 2016.

If assigned to an actual jury, you stay with the trial until it is done. [...] If you pull a murder case or one of the many medical malpractice suits, it could be a month+. [...] For $40 a day [...]--minus the minimum five dollars [that] commuting to court and back costs, means you are getting about half the minimum wage in New York, and even that takes six to eight weeks to be sent to you. [...] If you are already living on the margins, you cannot afford to serve on a jury.

[...] A lot of folks whose English was poor or who sounded as if they did not get much of an education had no excuse the judge would accept [to be dismissed].

[...] My limited window into all of this suggests juries might just be made up of people who can't get out of it. Hard to say how bitter that makes them feel listening to an actual case.


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  • (Score: 5, Interesting) by VLM on Sunday August 21 2016, @11:48AM

    by VLM (445) Subscriber Badge on Sunday August 21 2016, @11:48AM (#390994)

    is not 2016

    The noob thinks working was invented by Apple in 2007 LOL

    Back in the 18th century there were plenty of cows that needed milking and grains and produce that needed seeding and harvesting, etc. Not to mention trains that had to run on time. factory positions to fill, etc.

    I guess the main difference between the 19th century and 2016 is only about half the population works today so half the time "not being able to work" isn't going to make much sense, but in the 19th century if you didn't work you didn't eat, pretty much.

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  • (Score: 2) by AthanasiusKircher on Sunday August 21 2016, @04:11PM

    by AthanasiusKircher (5291) on Sunday August 21 2016, @04:11PM (#391064) Journal

    Back in the 18th century there were plenty of cows that needed milking and grains and produce that needed seeding and harvesting, etc. Not to mention trains that had to run on time. factory positions to fill, etc.

    Trains in the 18th century? Really??

    Anyhow, I'd say the biggest difference between then and now was that no judge in the 18th century would order a jury trial in a farm community during planting or harvesting season. In general, people didn't travel very far, so jurors were chosen from a local community (where most people tended to know each other), and the bailiff and judges could exercise judgment in when and whom to summon.

    but in the 19th century if you didn't work you didn't eat, pretty much.

    This became more true with the rise of industrialization and factories. However, a lot of factory workers in the early days weren't property owners, and many states drew solely on property owners for jury pools. And people like farmers were relatively easy to get to serve on juries, as long as you avoided the the busy times of the year.

    • (Score: 0) by Anonymous Coward on Sunday August 21 2016, @07:04PM

      by Anonymous Coward on Sunday August 21 2016, @07:04PM (#391162)

      I live in a rural county. The courthouse doesn't require jurors to show before 10AM and parents can elect for the school bus to drop their kids off there if mom or dad is on a jury. They also don't require full bail during harvest season. I can't imagine any of those are true in the city next county over.