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When I was on a grand jury last year, I would frequently tell people, "I'm on grand jury duty, to explain my horrible mood. They would invariably ask what case I was on, and I would tell them the following:
In New York, grand juries don't hear one case or decide outcomes: they hear about thirty cases over two weeks (unless you have particularly bad karma and were selected for a month) and decide whether to indict or dismiss them. The grand jury decision does not have to be unanimous - just 16 out of 23 have to agree - and does not have to indict all the charges. For instance, someone could have been arrested for possession of a weapon and then also charged with marijuana possession after the cop frisked them and found a joint: you could indict for the gun but not the pot if you so chose. The 22 of us (it's usually 23, but Juror #23 spoke no English and was excused in the first hour, the lucky bitch) had one identity theft case that left us waving pitchforks and a child abuse case that was satisfying to indict, but the vast majority of cases were petty crimes: stolen cell phones or $10 drug deals. There were long stretches of nothing, during which I read several books, bitched about life with Juror #8, and caught up on every episode of WTF with Marc Maron.
One of the worst parts of grand jury was that after telling someone about being selected, said someone would invariably ask with a condescending smirk why I didn't "just get out of it," or - decoded - "are you the stupidest person alive?" Answer: I hope you get a grand jury summons next week, asshole, and see how you fare. The only effective excuses for getting out of grand jury in Brooklyn are:
- I don't live in Brooklyn.
- No habla ingles, 我不講中文, Nie mówię po polsku, আমি বাংলা বলতে পারি না, etc.
- I'm a felon.
- I don't work and have a small child with no one to watch them.
Everyone else is selected, and they don't care if you're a racist. In other words, if you have not committed a crime, speak English, and use responsible birth control methods, the county of Kings would like to reward you with two weeks of indentured servitude, and they will be complete dicks to you throughout the process. One warden screamed at me when I asked when our break was, and then screamed at me at random intervals for the rest of the day until I complained to his supervisor. The ADA bureau chief made rounds about court on a daily basis, leaning on the court stenographer's box during our breaks, gleefully asking how we were doing and giving delighted lectures about how much worse it could be when we said "terribly."
But that isn't the point of this post: that jury service sucks is not news. But many seem surprised when I get into the ins and outs of how RIDICULOUSLY skewed the indictment process is, so I shall outline some of the reasons here.
In general, defendants don't speak at a grand jury hearing. Usually no lawyer appears on the defendants' behalf. Jurors hear statements from two or more witnesses, generally the victim and a cop, are read the charges (we were not permitted to keep a copy of the statute for reference), and then left alone to vote. We indicted almost everyone. Why wouldn't we? We only heard from the prosecutor and the cop. The few times we argued about a case were the few times a defendant showed up and testified (if you ever have a case going to a grand jury, ALWAYS go testify. Almost no one did for us, but it always made a difference). About halfway through the process Juror #8 and I decided to stop voting to indict any charge relating to pot. This really pissed off Juror #19.
As the indictments piled up, I realized what we were doing. Most of the cases, although technically felonies, were for petty crime. We asked one of the DAs what kind of sentence the defendants would get if found guilty at trial, and he told us that almost all of them would get worked out in a plea deal. So we were arranging for a bunch of mostly young, mostly black, mostly men to have felonies on their records for snatching someone's phone. It felt like we were part of a conspiracy to render a large section of New York's population permanently unemployable. GREAT USE OF RESOURCES, CITY!!!!
But that isn't the point of this post: that jury service sucks is not news. But many seem surprised when I get into the ins and outs of how RIDICULOUSLY skewed the indictment process is, so I shall outline some of the reasons here.
In general, defendants don't speak at a grand jury hearing. Usually no lawyer appears on the defendants' behalf. Jurors hear statements from two or more witnesses, generally the victim and a cop, are read the charges (we were not permitted to keep a copy of the statute for reference), and then left alone to vote. We indicted almost everyone. Why wouldn't we? We only heard from the prosecutor and the cop. The few times we argued about a case were the few times a defendant showed up and testified (if you ever have a case going to a grand jury, ALWAYS go testify. Almost no one did for us, but it always made a difference). About halfway through the process Juror #8 and I decided to stop voting to indict any charge relating to pot. This really pissed off Juror #19.
As the indictments piled up, I realized what we were doing. Most of the cases, although technically felonies, were for petty crime. We asked one of the DAs what kind of sentence the defendants would get if found guilty at trial, and he told us that almost all of them would get worked out in a plea deal. So we were arranging for a bunch of mostly young, mostly black, mostly men to have felonies on their records for snatching someone's phone. It felt like we were part of a conspiracy to render a large section of New York's population permanently unemployable. GREAT USE OF RESOURCES, CITY!!!!