Do Your Civic Duty

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Editor:

Regarding the comments from Judge Robert Duber, I would like to suggest that he would have no need to round people up and force them to report for jury duty if our criminal justice system were an effective tool for social order, which it is not.

Our justice system is based on a great theory of presenting facts and physical evidence pertinent to the case which is supposed to allow a reasonable person to decide the guilt or innocence of the accused beyond a reasonable doubt.

However, the reality of our system is that a juror is asked to decide guilt or innocence on the evidence and testimony that he or she is allowed to see and hear regarding the crime, which is not necessarily all the evidence that could be presented, and the judge decides what they can and cannot see and hear.

Both the defense and the prosecution present their case, so attention is given to evidence and testimony that could be damaging to their side, and while the prosecution tries to eliminate doubt and convince the jury that the accused is guilty, the defense tries to create as much doubt as possible in the mind of the jury to gain an acquittal, therefore the decision of the jury is based on which side presents the best case.
Between the prosecution and the defense, the prosecution has the most difficult job, and that is as it should be for the protection of the innocent and this is an important safeguard. However, since the jury must decide the fate of the accused based not on what did or did not occur, but rather what they are led to believe, it all comes down to the fact that a jury is used, by both sides of the case, and they must live with their decision for the rest of their life.

Justice is blind, by necessity, but she is treated as though she is also deaf, dumb, and stupid thanks to the judges who allow her to be treated in that manner. No one is more aware of this situation than Duber, so if he wants prospective jurors to show up and participate, he needs to convince them that the truth will be heard in his court room instead of hammering them with a stern lecture on their civic duty.

Jim Estess, Pine

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