ThirdCoaster dot Net

Yesterday was my last day on the jury. One month. 300 or so cases processed.


1. How come you got picked?


When it came time for me to be interviewed, I was asked three questions. Where do you work? Do you have any vacations coming up? Have you ever served on a jury?

And that was it. I didn’t think I’d get picked but I did.

I have two theories.

First theory: I didn’t have any vacation days coming.
Basically, I was available. I think this is the likeliest reason.

Second theory: I am Asian.
There were 22 people chosen with 16 of them being the regular jurors and the remainder on-call alternate jurors. I was the only Asian in the group and I was a regular juror. Diversity quota fulfilled.


2. Why do we have a grand jury?


The Fifth Amendment to the US Constitution says that
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury…”

However… this requirement was waived for state juries. In 1884, the Supreme Court ruled in Hurtado v. California that the right to a grand jury is not required for state trials. Instead, the accused can go to trial based on a preliminary evidentiary hearing in front of a judge.

So why do we have grand juries? It’s in the Illinois Constitution.

Article 1, Section 7 of the Illinois Constitution states
“No person shall be held to answer for a crime punishable by death or by imprisonment in the penitentiary unless either the initial charge has been brought by indictment of a grand jury or the person has been given a prompt preliminary hearing to establish probable cause.”

Since the jury I served in was a state jury, the Illinois Constitution applies.


3. What does a grand jury do?


The main purpose of the jury is to determine whether a crime occurred and whether there is enough evidence to show that the accused committed the crime. In other words, Probable Cause.

The standards for probable cause are not the same as for conviction. To convict someone, the prosecution needs to prove beyond a reasonable doubt that the accused is guilty of the crime. To determine probable cause, the rule of thumb is reasonableness.

A Definition of Reasonable:

- Capable of reasoning; rational: a reasonable person.
- Governed by or being in accordance with reason or sound thinking: a reasonable solution to the problem.
- Being within the bounds of common sense: arrive home at a reasonable hour.
- Not excessive or extreme; fair: reasonable prices.

Would a reasonable person believe that a crime was committed? Looking at the evidence, would a reasonable person conclude that the accused committed the crime?

When the case moves on to a trial, the evidence gets scrutinized at a deeper level: “Beyond a reasonable doubt”.


4. What else does a grand jury do?


Not every case brought up before the grand jury asks for a indictment.

Some other tasks:

- Grant subpoenas. Subpoenas court orders that compel recalcitrant witnesses to testify. Subpoenas also can compel companies to give up records (ie. phone records, text message archives) for evidence in trials. Prosecutors have to get permission from the grand jury prior to issuing a subpoena.

- Witness testimony. Prior to a trial, prosecutors will often get witness statements under oath. Primarily this is so that their witnesses can’t change their story during the trial. The grand jury witnesses the testimony.

Prosecutors can choose to go through a preliminary hearing in front of a judge instead of a grand jury. However, at the hearing both the defendant and the accuser have to be present.

This is problematic for certain cases. Narcotics, for example. In narcotics cases, there are often undercover policemen and confidential informants involved. A preliminary hearing process will blow their covers. Thus, prosecutors prefer to use the grand jury to indict.


5. What does happens when a case is brought in front of a grand jury?


Standard procedure is for the prosecutor to arrive with the police officer.

A court reporter is also in the room to record the proceedings.

The foreman of the jury swears in the police officer.

The prosecutor cites the charges against the defendant.

The prosecutor asks the police officer a series of questions to establish the existence of the crime and the evidence that indicates the defendant committed the crime.

The grand jury asks questions of either the officer or the prosecutor for clarification on the facts or personal curiosity.

The prosecutor, police officer, and court reporter leave the room and the jury deliberates.

The jury approves the indictment by delivering a “true bill” or disapproves by saying “no bill”.


6. How busy does it get?


It varies.

Some days are slow. Less than 10 cases.

Other days are busy. 40 to 50 cases.


7. What do you do on slow days?


Read books.

Play board games.

I got really good at playing Hearts. Also learned a new game, Bananagrams!


8. Bananagrams?


It is a lot of fun! You don’t need a board. You don’t need to track scores.

The game comes with letter tiles ala Scrabble.

The tiles are scrambled face down in a pile.

Players take 15 tiles (keeping them face down)

- When everyone has 15 tiles, someone says “SPLIT” to begin the game.

- Use your tiles to form words scrabble/crossword style.

- While playing, you can return a difficult to use letter tile back to the pile by saying “DUMP”. For every 1 tile you put back, take 3 from the pile.

- When you’ve used all of your tiles but there are still tiles in the pile, say “PEEL”. This means everyone, including you, have to take one tile from the pile.

- The game does not end until after there are fewer tiles in the pile than there are players.

- The winner is the first player to use all of his/her tiles. (and after there are fewer tiles in the pile than there are players)

Easy peasy and addicting as hell.


9. Do they feed you?


Coffee and donuts in the morning. Cafeteria food for lunch.


10. How much did you get paid?


$17.20 a day. $15 for the time plus $2.20 gas money.