As some of you know, I am serving on a jury trial in Boston
this week. The trial will continue next week and possibly even longer. To my
dismay, I was called when I was to be on vacation so for the third year in a
row, I will not get a break that I need.
I’m also not in a position to preside at two funerals this
week. One funeral is for a colleague’s mother and the other is for a childhood
friend’s husband. I watch him die last night as he labored to breathe. I kept
seeing Christ suspended on the cross unable to gasp for air. Fortunately, for
my friend, palliative medicine helped him become comfortable.
I am instructed not to discuss the trial in any way, but I
will provide some reflections on the process.
The Call
First of all, I was surprised to be called to jury service.
This was my first time ever receiving notice of jury duty. I had been told I
would never be called as a priest and I made sure that I spoke about being a
Roman Catholic Religious Order priest. Still, prosecution and defense accepted
me.
I will write further on the entire process because it is
astounding and awe-inspiring.
Nevertheless, I was stunned when I heard that I was
accepted. I really was disbelieving. We did hear about the case before we were
interviewed as potential jurors and I was relieved because I realized I would
not be called. I was wrong.
The Role of the Judge
The judge’s role is fascinating. He is the law. It is his or
her job to maintain a respectful, pleasant atmosphere. His job is not to judge
the case. His job is to apply the law. The prosecutor has the entire burden to
prove the State’s case beyond reasonable doubt, and the defense’s case is
easier because the defendant is declared innocent until the jury may decide
otherwise.
The Jury is the Judge
The jury’s role is to be fair and impartial and to listen to
the two sides of the argument. The jury is to be convinced of the prosecutor’s
facts or not be convinced. When it comes time to deliberate, four of the
sixteen jurors will be randomly dismissed. Certain points of law will be
applied, and the jury will be given instructions.
The function of the jury is not to do research, seek, search
for the truth. It is not necessarily to assess guilt. It is to determine if the
prosecutor’s proved the case beyond reasonable doubt. The jury is instructed to
not include hearsay; we have to suspend our desire to draw conclusions or do
additional research. Our job is to hear the case.
A Hearing
The trial is called a hearing because this is the primary
role of the jury. The jury does not ask questions or interact with anyone. The
jury maintains confidentiality throughout the whole process. We do not talk
with each other, except about the weather, break times, or looking forward to
the weekend. The jury’s job is merely “to hear” until it is time to deliberate.
Jury Selection
In many ways, jury selection is like discipleship. We are
called. We don’t know why. We don’t know why the person next to us was called.
We sometimes cannot see any similarities or draw conclusions about the type of
persons that we selected. The selection is a mystery.
It is just like religious life. Sometimes we wonder why a
certain person was selected. We come from so many diverse backgrounds and yet
Christ calls us to the same way of life. Somehow it works.
Equality and Dignity
Every juror has the same dignity. No hierarchy exists. If
someone is repeatedly late to service, no one can ask why, and no one can ask
that someone try harder to arrive on time. Service depends upon the goodwill of
people to honor and respect each other and the common good. We are equal. We
take the role seriously. We know it is our honored constitutional civic duty.
Good Table Manners
Just as, in a very basic sense, the Catholic mass is a set
of good table manners, the courtroom has a particular set of table manners that
is upheld. The presider is respected by the court. Everyone rises when the
judge enters or exits the courtroom. Prosecuting and defense attorneys have a
particular decorum in the court, always asking permission of the judge to
perform certain tasks, such as, “May I approach the witness?,” “May I show the
jury this evidence?,” “May I enter this as evidence?” Objections are done according
to the discretion of the judge. Good manners are a necessity. It is always kind
to use good manners.
As the jury is the judge, the entire courtroom rises when
the jurors exit or enter the courtroom. You never see this on television or in
the movies.
Biblical Role of the
Courtroom
I keep seeing parallels between the Old Testament imagery of
legal proceedings and today’s courtroom. God, the just judge, presides over the
dispute, and Satan is the adversarial prosecutor that is trying to trip up
plaintiff. God is also the jury. Christ, the Advocate, is the defense witness,
who declares his defendant’s innocence. This imagery begins with the Book of
Job, throughout Hebrew Scripture and Wisdom literature, right up through the
Gospel accounts. Christ’s representation will see us through the trial and he
has won us eternal life.
The Law versus Mercy
While the legal system has the duty to apply the law and be
judged by it, God’s judgment is mercy. Mercy always wins out. It is the
defining aspect of Christian life, which is a reason it needs to be given
ascendancy. Christians work within the law, but the law of Christ has its
primacy. We are freed from the law so we can promote works of mercy.
Onto Week Two…
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