Jury Dynamics

[PSM]

...and the Zimmerman trial.

I’ve been on Jury Duty 7 times in Los Angeles, County, including 5 criminal juries in downtown LA. One was a 2nd Degree Murder trial.

When we were on the jury panel, we were informed of the 2nd Degree charge. During voir dire, we were asked by the defense counsel if the facts of the case showed to be less than 2nd Degree Murder would be be able to find for a lesser charge, if available. We all answered in the affirmative. At the beginning of the trial, we knew (though defense counsel’s hints) that we had that option and held it in the back of our minds.

After the trial, we got together one last time and compared “notes”. At the beginning, we all admitted that we thought that this would be an easy trial and that the defendant was guilty of something.

Once charged with the case, we were instructed that we could, in fact, find for a lesser charge of Manslaughter in various degrees and those were described.

In the Jury Room, a jury dynamic develops. It’s starts as early as the original pool called to the courtroom. It can take several days to select a jury and people form “cliques” for coffee and lunch breaks. Once selected to the jury, some of the members of those cliques may still be together. And, once on the jury, more cliques develop. There is certainly crossover and one clique may well be a part of another. The thing is, leaders surface very early on in the jury selection process. . .in a 12 member jury.

So, what happens in a 6 person jury? I don’t know. I’ve never been on one.

Though instructed not to, we had a “straw vote” early on after asking if anyone had any questions for the Court or needed any testimony read back. The vote was 8-4. We each explained our vote and spent the rest of the next few of days defending our position. And we did have testimony read back and evidence brought in.

In the end, we found the defendant “Not Guilty.”

I’m not sure that individuals, in a 6 person jury, will have the strength, experience, wisdom, or group support to stand up and defend themselves against opposing arguments. It was a struggle in a 12 person jury. BTW, it was 8-4 guilty on that first vote. And, no, it's not the script of "Twelve Angry Men". It's Jury Duty.

Pat