I suppose of all modern problems, serving on a jury rates pretty low on the list. Never-the-less, the envelope that carries my jury duty summons has to rate at the very top of my least favorite to receive. The entire process of jury duty selection and service is among the most distasteful, and in my humble opinion, spiritually vexed problems that I face.
Many Christians view serving on a jury as a sacred honor – a privilege second only to active service in the military or law enforcement. I am thoroughly ambivalent. I understand all the flowery defense of the need for juries and the responsibility we have to serve. I just cannot get away from a nagging question – can a Christian participate in a flawed system and not thereby share in its guilt? To what extent is the cog just as guilty as the entire machine?
The jury summons that recently crossed my desk contains the following paragraph:
The right to trial by jury is guaranteed to all persons by both the United States and ********* Constitutions. The success of the jury system depends upon citizens performing their solemn duty to serve as jurors, while acting with integrity in discharging this responsibility.
Pretty high commendation. Just two questions – Is it true? and Is it Christian?
Let’s start phrase by phrase. A trial by jury is guaranteed to all persons. Check. No doubt, and no problem with that at all. Second, the success of the jury system depends on citizens (note the distinct lack of any qualifying adjectives) performing their solemn duty. Okay, well that one is a little more slippery. The trial of a racial minority by a racist jury is no success at all – it is a travesty and a crime itself. A trial involving a complicated legal question by an uninformed and basically ignorant jury is an equal travesty. So – the success of the jury trial system depends upon an educated and completely dispassionate jury. Such are rare, if not completely extinct. Third, the jurors must act with integrity. Here is where you lose me completely. Judges are not compelled to act with integrity – only to correctly apply the law. The suppression of critical evidence, the permission to allow certain witnesses – all may be legally correct, but integrity goes far and above legality. Defense attorneys are especially exempt from acting with integrity – it matters not at all to a defense attorney if his or her client is actually guilty, only that he or she be defended to the fullest extent of the law. And what about the state – can anyone say with a straight face that the state is required to act with integrity? It seems like every month, if not every week, a prisoner has been released after serving years, if not decades, in prison for crimes they did not commit. How many innocent individuals have been executed? All of these variables are somehow mitigated by a jury that acts with integrity? In many trials the only way a jury could act with integrity is to throw the entire court into jail for 30 days.
You see, the entire purpose of a legal system is to adjudicate truth and responsibility. If judges only have to dot “i”s and cross “t”s from a legal standpoint, if defense attorneys have to aggressively defend a client regardless of their guilt or innocence, and if the state’s attorneys can massage and/or withhold exculpatory evidence – how in the world can a jury be said to “act in integrity”?
Of course the rejoinder is that the jury is not responsible for the judge and his or her decisions, the jury is to weigh the merits of the case and not pay attention to the defense or prosecution attorneys. But, if the jury is misled, if the jury does not get to hear all of the pertinent evidence, if the jury is manipulated by high-sounding but vacuous rhetoric – how can the end result be said to have integrity? If the jury acquits the guilty, or if they convict the innocent – is it not thereby guilty of a gross crime, regardless of whether they acted “in integrity” according to some vague regulation?
The justice system must be based on a search for the truth, and as a protection for the immediate victim and for society at large. Our system is upside down. The entire system is designed to protect the rights of the accused; and the victim and society be . . . well, you get the picture.
As I said – I am utterly ambivalent. I know the importance of our legal system. As someone once said, it may not be perfect, but it is the best we have. But because of my experience both as a participant in the system and as a more than casual observer I see how bent and broken the system is. I also know that I am utterly powerless to effect any kind of change.
So – by law I am required to show up for jury duty, and to obey the law of the land I will comply. And if forced to serve, I will serve as dispassionately and with as much integrity as I can muster.
And, as Dietrich Bonhoeffer so eloquently argued, I will pray with all my heart and soul that God’s mercies can forgive the sins of those forced to do what their conscience objects to.