Rejected

Yesterday I was briefly juror #7 in a small-time criminal case. The very last peremptory challenge: "The defense would like to thank and excuse Juror #7."

The defense attorney apparently didn't like my answer to his question about the presumption of innocence. To be fair, my answer was probably a bit snarky on account of his unartful question. Trying to concoct a hypothetical situation to which a juror who understood the concept would answer "yes, I would return a verdict of not-guilty," the attorney instead asked a question that left most jurors confused. After explaining that the defendant is legally presumed innocent and that the burden is on the prosecution to prove each and every element of the crime beyond a reasonable doubt, he asked, "If you had to return a verdict right now [before the presentation of any evidence] would you be able to return a verdict of not-guilty?" Most of the jurors, because they understood the presumption, didn't answer "no" outright, but hesitated and said something along the lines that they would need to hear more information. The defense attorney had to coax them along before they would say yes, they would return a verdict of not-guilty.

So then he gets to me. Mine was the only unequivocal answer: "No I could not return a verdict of not-guilty. You asked a very specific question about a verdict. A verdict presupposes a trial. There hasn't been a trial so I certainly would not return a not-guilty verdict. Now, the defendant is not-guilty because he has not been adjudged guilty, but I could not now return a verdict of not-guilty." Bam! Juror #7 you're out of there!

I wanted to shake the defense attorney by the shoulders (who looked like this was his first trial) and tell him the hypothetical situation he should have presented was one where there had been a trial during which nobody presented any evidence, where the prosecutor had merely shrugged her shoulders and said, "oops, the dog ate my evidence." Then the jurors could comfortably say they would return a verdict of not-guilty. He lost what might have been a fair and competent foreman (I would have volunteered) and I lost a chance to play hooky from the office for a couple days. Law in practice is far from perfect.