Juror #2

Juror #2

The judge hung a painting reading "We the People" in the courtroom over the jury box. She wanted to remind us that as the 12 jurors, we would decide unanimously whether the defendant was guilty or not guilty after three days of deliberation. The judge wanted to remind us that in the United States, 'we the people' have the privilege of deciding wrong from right, the right to vote, and the right to a trial.

The defendant pleaded not guilty, and now it was up to the 12 of us jurors to decide "beyond a reasonable doubt."

Now, let's back up. Like many of us, I received a postcard in the mail summoning me to jury duty and rolled my eyes. I envisioned myself driving downtown, paying to park, walking into the San Diego Superior Court (3rd largest justice system in the country behind Los Angeles and Chicago, btw), and sitting in a room full of hundreds of civilians waiting all day for their name to be called or NOT.

Utterly shocked, I was one of the first hundred to be called and assigned to various rooms or floors. I was directed to floor 18, the crime case floor, among 46 other people. Once there and outside the courtroom, the clerk assigned us each a number.

New character unlocked: Juror #2.

The first 12 of us filed into the jury box, while the others sat in the audience of the courtroom as back up jurors. Our judge, extremely patient, explained what would be happening today, how long the case was estimated to last, and a brief explanation of the case. Then, one by one each of us jurors held a microphone and answered 10 questions in front of the court. The judge and lawyers on either side were determining if 1) There was any reason someone couldn't sit in court for 3-4 days and 2) If we had specific biases that would keep us from making fair and impartial decisions. Some jurors were kindly asked to leave and enjoy the rest of their day.

Once 12 jurors were chosen, the prosecutor and defense attorney gave their opening statements. The court was in session. For three days we sat through witness testimonies, listened to a criminalist scientist for four hours (I now know a lot about the Intoxilyzer 9000, not to be confused with the Nimbus 2000), and finally the defendant's testimony and closing statements. 12 of us jurors who have not been allowed to converse about the case and have said nothing more than small talk that last few days would now be escorted by the bailiff to a back room to review the evidence and come to a unanimous decision of guilty or not guilty.

We ultimately decided "beyond a reasonable doubt" guilty on two counts.

12 people ranging 20 to 65 years old, a student, retired lawyer, data scientist and psychologist, entrepreneur, counselor, flight attendant, and races including black, Asian, white, among others, had to communicate thoughtfully, consider the facts and science, hear one another, and finally ensure all 12 people had come to terms beyond a reasonable doubt. With patience, grace, seriousness, and thoughtful deliberation, we were all able to agree. And it didn't mean that we weren't emotionally impacted by the outcome—some cried—but unfortunately, the defendant was guilty.

Objectivity. It is really hard to stick to objectivity. "Common sense" is not objective. each person's other world experiences and perspectives are not objective. The case also proved further, that the human mind usually does not remember situations or circumstances as they were. So, it is up to the fact. The science. The proof.

In a world where the left and right are fighting so hard to prove one another wrong, I challenge everyone to look at either side objectively. What are the facts? What's the science? I'll tell you that the news is usually not the facts, and similarly to the defedant's lawyer and the plaintiff, they are doing everything in their power to spin a story to illustrate how wrong the other side is. As the judge said, and as written in the court of law, nothing that the lawyers, witnesses, or judge said throughout the case can be taken as fact. Only the evidence is fact. So, if your party didn't win this term, put your big girl and boy pants on and march forward. Be objective, don't crumble in emotions, and always thoughtfully and intentionally speak up. Think, what went well this election? What went poorly? How can I be better? How can I help educate on the facts?

Above all else, do not throw your jury duty mail away. I promise, it will be one of the most interesting, fulfilling, and mind opening experiences of your life. It is also a grand reminder of the freedoms we do have in this country, though we are still fighting to keep so many (trust me, I know it's hard and scary, I feel it), but the United States court system is something to be proud of. I didn't understand it before, other than what I had seen on TV and in movies, but I do now. What a privilege.

Ps. For those on the edge of their seat.. It was a DUI case. Thankfully, no one was injured.


Selfie as a juror - Briana Borcic
Juror #2


Shelli Mango

Commercial Real Estate Advisor at Madison Commercial Properties

3 个月

Nice article!!!!!

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SUZANNE KASHANI

Registered nurse at St. Mary Corwin Hospital

3 个月

Wow such a wonderful commentary on jury duty. I have a summons for next week. You’re a great writer Brianna. Glad to be your cousin! ??

Kevin Larsen

Retired and Full-time Papa

3 个月

Great story, Briana, with a broader lesson as well. Thanks for sharing this!

Daniel Szymanski

Corporate Lawyer helping foreign companies looking to easily start operations in Mexico.

3 个月

Become a Lawyer and join the club. Onward.

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