questionnaires. In order to be effective, these questions must be standard operating procedure and not subject to the whim of counsel’s memory or diligence in filing the right motion.
Another way to prevent juror misconduct is to run rap sheets and arrest records on jurors. This isn’t usually done—I never used them—
but it’s something that must seriously be considered now, especially in light of the Martha Stewart juror Chappell Hartridge. While all such information is public record, these documents must be obtained through law enforcement or court personnel, because they have to be researched and electronically produced. It’s a computer search that doesn’t take long to get, provided the lawyer has the right date of birth, race, and gender for the potential juror. The bad news: It’s more work for already overtaxed prosecutors, who then have to hand over their results to the defense. It’s only fair the defense get a copy of the report. (And naturally the defense would be thrilled to get ex-cons in the jury box!) One caveat: The defense should at the very least share the work that goes into getting this information. Better yet, the court’s administrators should run the rap-sheet search prior to jury selection and provide the results to both sides.
I also foresee the looming possibility of credit checks run on jurors to discover any civil suits pending against them that would bear on the case. But here’s the problem: If this becomes common practice, it would almost certainly dissuade people from sitting on juries. Would you want to sit on a jury if it was going to be made public that you were sued for nonpayment on a bounced check in 1991? How about if your credit-card problems or brush with bankruptcy were uncovered? I wouldn’t.
The bottom line: Penalties for juror misconduct must be instituted and enforced. Those who violate the oath and taint the jury should find themselves back in court again, seated behind the defense table facing charges of their own. That is how valuable the jury system is. We must 6 6
N A N C Y G R A C E
be prepared to deal harshly with those who abuse it. For those who slip through the cracks for whatever reason, justice needs to come down hard and fast. There must be repercussions for juror wrongdoing. People who lie to get on juries or lie during the trial must be prosecuted to the fullest extent of the law. I have a firm belief in the jury system, and to the people who violate the integrity of the court I say, “Hang ’em high.”
C H A P T E R T H R E E
J A C K P OT J U S T I C E
I HAVE A WAKING NIGHTMARE EVERY TIME I HEAR
about another abuse of the justice system that’s fueled by greed. I see a courthouse—as grimy and gritty as it can get after decades of use, millions of cases and defendants civil and criminal, all passing through its courts. Despite its worn appearance, I envision snapshots of what’s gone on inside. Juries have been struck. Defendants and witnesses have been sworn under oath to tell the truth. Victims’ families have sat in its halls praying for justice. But then, the building begins to swell and strain at the corners—twisting and trembling. The structure seems to be collapsing on itself. As the wind whips around and the sky turns black, the courthouse groans. Lightning strikes. Court documents, desks, and law books fly out the windows as people come running down the courthouse steps. While I stand frozen, watching, the building morphs into one of those fantastic ATM machines you read about but never see for yourself, one of those wacky ATMs that randomly dis-pense thousands to whoever happens to be there. The courthouse-turned-ATM is spitting out an endless stream of twenty-dollar bills.
Money flies through the air, covering the streets, landing in the trees.
Suddenly people run toward the building from every direction and be-6 8
N A N C Y G R A C E
gin cramming their pockets with their ill-gotten gains. Loaded down in cash, they
Another way to prevent juror misconduct is to run rap sheets and arrest records on jurors. This isn’t usually done—I never used them—
but it’s something that must seriously be considered now, especially in light of the Martha Stewart juror Chappell Hartridge. While all such information is public record, these documents must be obtained through law enforcement or court personnel, because they have to be researched and electronically produced. It’s a computer search that doesn’t take long to get, provided the lawyer has the right date of birth, race, and gender for the potential juror. The bad news: It’s more work for already overtaxed prosecutors, who then have to hand over their results to the defense. It’s only fair the defense get a copy of the report. (And naturally the defense would be thrilled to get ex-cons in the jury box!) One caveat: The defense should at the very least share the work that goes into getting this information. Better yet, the court’s administrators should run the rap-sheet search prior to jury selection and provide the results to both sides.
I also foresee the looming possibility of credit checks run on jurors to discover any civil suits pending against them that would bear on the case. But here’s the problem: If this becomes common practice, it would almost certainly dissuade people from sitting on juries. Would you want to sit on a jury if it was going to be made public that you were sued for nonpayment on a bounced check in 1991? How about if your credit-card problems or brush with bankruptcy were uncovered? I wouldn’t.
The bottom line: Penalties for juror misconduct must be instituted and enforced. Those who violate the oath and taint the jury should find themselves back in court again, seated behind the defense table facing charges of their own. That is how valuable the jury system is. We must 6 6
N A N C Y G R A C E
be prepared to deal harshly with those who abuse it. For those who slip through the cracks for whatever reason, justice needs to come down hard and fast. There must be repercussions for juror wrongdoing. People who lie to get on juries or lie during the trial must be prosecuted to the fullest extent of the law. I have a firm belief in the jury system, and to the people who violate the integrity of the court I say, “Hang ’em high.”
C H A P T E R T H R E E
J A C K P OT J U S T I C E
I HAVE A WAKING NIGHTMARE EVERY TIME I HEAR
about another abuse of the justice system that’s fueled by greed. I see a courthouse—as grimy and gritty as it can get after decades of use, millions of cases and defendants civil and criminal, all passing through its courts. Despite its worn appearance, I envision snapshots of what’s gone on inside. Juries have been struck. Defendants and witnesses have been sworn under oath to tell the truth. Victims’ families have sat in its halls praying for justice. But then, the building begins to swell and strain at the corners—twisting and trembling. The structure seems to be collapsing on itself. As the wind whips around and the sky turns black, the courthouse groans. Lightning strikes. Court documents, desks, and law books fly out the windows as people come running down the courthouse steps. While I stand frozen, watching, the building morphs into one of those fantastic ATM machines you read about but never see for yourself, one of those wacky ATMs that randomly dis-pense thousands to whoever happens to be there. The courthouse-turned-ATM is spitting out an endless stream of twenty-dollar bills.
Money flies through the air, covering the streets, landing in the trees.
Suddenly people run toward the building from every direction and be-6 8
N A N C Y G R A C E
gin cramming their pockets with their ill-gotten gains. Loaded down in cash, they
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