| Don't
Ask Me Why
By
ELLIOT GURIAN
Ed Green is
fulfilling one of his civic responsibilities this week. He will
be serving jury duty in Pike County. After over 47 years they finally
caught up to him. It's not as though he was trying to avoid them.
He was simply never called until now.
When he lived
in New York City, he was aware that potential jurors were taken
from motor vehicle and voter registration records. He is not sure
how they do it in Pennsylvania. In any case, he was called for the
first time.
He has appeared
in court before. A few times as an expert witness, once to argue
a NYC parking ticket and once as a guy who really wasn't the responsible
party in that auto accident where the other guy cut in front of
him and he clipped the other guy's rear bumper with his front one
despite his best effort to avoid contact, I swear Your Honor.
Ed actually
would like to serve on a jury. He isn't like those who ignore summonses
or think of them as an invitation that you may decline. But, as
is the American tradition, he did try to get out of it. He told
me, "Anyone not smart enough to get out of jury duty deserves the
couple of bucks they pay you."
What was Ed's
excuse? He pleaded that he is the sole owner of a business that
needs him. (Or so he would like to think.) And, as it turns out,
this week is a very busy week for him with an important deadline
on the 15th. The powers that be did not buy that one. What do they
care if he has to go into the office each evening after serving
and burn the midnight oil? He almost hopes he dozes off during a
case and someone asks him why he can't stay awake.
He had some
other ideas for ways to avoid service. Perhaps he could have worn
a t-shirt that said "Fry The Bum." Or, maybe he could have sat in
the corner just mumbling to himself.
He and I were
speculating on the kinds of cases he could be asked to help decide.
We thought that drunk driving is a good possibility. Ed never drinks.
Never ever. And he is somewhat intolerant of people who drink enough
to impair their faculties. Heaven help the drunk who needs Ed's
help. He probably won't get it.
Other prospects
include drug possession and selling as well as domestic abuse. Here
are two other offenses that Ed has little tolerance for. He has
never taken any non-prescription drugs and has never hit another
person in anger. (Those occasional swats to his kids' behinds were
not in anger. They were done to teach them important lessons.)
Make no mistake,
Ed believes in our judicial system. Having your fate decided by
a jury of your peers is a basic yet remarkable concept. Those who
came up with it had the right idea. But, who exactly are our peers?
Ed foresees his guilt or innocence being decided someday by a drunk
who just beat his wife.
How does one
go into a case with a truly open mind? Are we really expected to
check our past knowledge and experiences at the door? I don't think
it works that way. Our prejudices, based on what we learned as children
and adults, are always with us. However, what we need to do when
deciding a case is to force all of that to the background. Then
we can look at the facts as they are presented and decide. I believe
that intelligence and the ability to think (no, they are not the
same things) are the qualities most needed by a juror.
Do jurors have
to be geniuses? Of course not. That is a very good thing according
to Ed. He doesn't have much confidence in the intelligence of the
average person. He heard about someone who asked his town to remove
a particular Deer Crossing sign from near his house. When asked
why he said, "Too many deer were being hit by cars and I don't want
them to cross there anymore."
Then there
is the Taco Bell clerk who, when asked for a taco with minimal lettuce,
replied, "Sorry, we only have iceberg." Ed Green himself once handed
a Kennedy half-dollar to a cashier at the Grand Union as part of
his payment for a purchase. The woman, apparently in her 30's or
40's asked, holding up the coin, "How much is this worth?"
As far as the
ability to think is concerned, Ed is not very confident in what
he will find in his fellow jurors. He looks at the way society gets
its news these days. Sound bites and MTV do not make for deep thinkers.
And look at the ever-present political polls. They seem to favor
the candidate who appears most frequently on television. They seesaw
back and forth every day. It is not possible that the candidates
actually do or say things to cause this. The culprits have to be
pictures in the news or a couple of words they've heard.
Ed will do
what most every juror does - he will listen to the facts, listen
to the judge's instructions and render a reasonable verdict based
on the evidence. I know he will, but don't ask me why.
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