Hot on the heels of the news that a juror in a trial in Newcastle Crown Court caused its collapse after turning amateur sleuth, Simon Jenkins opines in the Times today that the jury system should be scrapped. Here are ten acts of jury madness to suggest that he might just be right.
1. Jurors have been known to play Ouija Boards in order to reach a verdict.
Three jurors in the 1993 trial of Stephen Young for two counts of murder were unable to make up their minds over the defendant’s guilt or innocence. They sought help by using a Ouija board to commune with one of Mr Young’s victims. The spirit of Henry Fuller duly appeared. Fuller had been killed with his wife Nicola, and in his ghostly reincarnation Henry confirmed that Young was the pair’s killer. “Vote guilty tomorrow” was his instruction, via the Ouija board. Young was convicted – and re-convicted at the retrial for the inevitable “material irregularity” in the first proceedings. Photo courtesy of Dragonoak.
2. They are obsessed by Sudoku.
An Australian drugs trial lasting more than three months and costing taxpayers over A$1 million was abandoned after a number of the jurors were found to have spent much of their time engaged in Sudoku puzzles. The judge had a feeling that all was not as it should be when he noticed that some jurors were writing notes vertically rather than horizontally, but one juror insisted that devotion to Sudoku was actually beneficial to justice: “Some of the evidence is rather drawn out and I find it difficult to maintain my attention the whole time,” she was reported to have told Australian Associated Press.
3. Sometimes, sex gets the better of judicial reasoning.
Weeks after the end of one fraud trial, the jury forewoman could contain herself no more. She had been captivated by the prosecuting counsel’s blend of erudition and authority, and so did what any confident person would do: she sent a bottle of champagne to the object of her affections, with a congratulatory note including a phone number and the words: “What’s a lady need to do to get your attention?” Sadly, romance failed to blossom. The lawyer returned the gift, and told the judge and defence lawyers, with the result that the convicted fraudsters immediately lodged an appeal. Photo courtesy of Overge.
4. They are peripatetic.
“It’s the most bizarre jury that I have ever seen,” said Cathianne Linzalone, a member of the Women’s Action Coalition who attended a long-running sexual assault trial in America in the early 90s. “They get up and leave. They talk to each other. Sometimes they just zone out.”
5. When not consulting Ouija boards, they look to the stars.
The defendant on charges of grievous bodily harm might perhaps have chuckled when one of the jurors in his 1998 trial in Tyne Crown Court asked for his star sign. The juror told the judge that if he knew the defendant’s exact time and date of birth he would be able to draw up an astrological chart to determine his guilt. The juror – to his consternation – was discharged (with thanks to Melissa Egan).
6. They make decisions which are downright perverse.
Max Mosley is far from alone in having lurid details of his sexual activities detailed in court. In 1987, notorious madam Cynthia Payne found herself accused of organising numerous sex parties for gain in a house in leafy Streatham. Riotous scenes more appropriate to a Carry On film were narrated to the jury, which evidently enjoyed them – in the teeth of all the evidence, Ms Payne was acquitted. Photo courtesy of Sunday Driver.
7. Jurors can be really, really annoying.
In 1991 a male juror at the Old Bailey constantly interrupted proceedings to ask for evidence to be explained. Not only that, he also sought to argue a variety of legal points from the jury box. When Judge Rucker told him a point he raised was irrelevant, the juror replied: “Well, I think it is relevant.” The other jury members complained and christened the man “Mr Busybody”. Rucker J. ran out of patience and dismissed him.
8. And they’re often lacking in patience.
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In a 1997 trial at Luton Crown Court a juror told the defendant: “Why don’t you plead guilty? You are f***ing guilty.” The juror told the judge that he had spoken out because “it was an insult to my intelligence for him to plead not guilty”. Judge Wilkie, QC, was forced to order a retrial.
9. They almost certainly have their mobile phones turned on but set to silent – and they cough.
Just as the verdict in the trial of Alan Rashid was about to be announced, a juror coughed and in the process drowned out the word ‘Not’. The judge heard only ‘Guilty’ and duly jailed Rashid for two years and had him escorted to the cells. Fortunately, the blunder was swiftly noted, and Rashid, who had been disconsolate, was set free.
10. Even when apparently asleep, they are actually thinking about sex.
The following anecdote appears in Professor Gary Slapper’s excellent book, How The Law Works.
A woman witness was giving evidence [in an indecency case] and was asked what the man in the dock had said to her. She was too embarrassed to repeat it in open court, so the judge asked her to write it down. She did, and what she wrote was ‘Would you care for a screw?’ This document was passed around the jury until it reached juror number 12, an elderly gentleman who was fast asleep. Sitting next to him was a fairly personable young lady. She read the note, nudged her neighbour and, when he was awake, handed it to him. He woke with a start, read it and, with apparent satisfaction, folded it and put it away carefully in his wallet. When the judge said, ‘Let that be handed up to me,’ the juryman shook his head and replied, ‘It’s a purely private matter, my Lord.’ Image courtesy of Jeffrey Collingwood.
JURIES: WHO NEEDS ‘EM?
Blawg Review #174…
After two consecutive Olympic-themed Blawg Reviews, I was tempted go for a third despite my initial decision not to do so. Like most of America, I am officially entering post-Olympic withdrawal, and a celebration of what were truly a remarkable……
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Susan Casey’s new book, The Wave, is soon to be published. It brilliantly illumines the world of professional big wave surfing, at the same time as exploring the phenomenon of rogue waves (specifically, those which top 100ft).
Suitably inspired, we thought we’d take a look at a different kind of professionalism than is usually to be found on these pages. Those featured in our magnificent seven of alternative professionals may not wear suits for a living, still less spend their time in the boardroom, but they couldn’t do what they do if they weren’t every bit as dedicated, focused, driven and downright professional as those at the helm of a City law firm, finance house or PR company.
Hamilton is the star of The Wave, and no wonder. Based on the Hawaiian island of Kauai, the man is a force of nature, a 6″3′ powerhouse who makes big wave surfing look like a walk in the park. But it isn’t. The wave known as Teahupoo, surfed by Hamilton in Tim McKenna’s picture below, is a killer. Only years of focus, training and preparation make Hamilton able to ride this wave with such aplomb.
2. Danny Way
Warning: do not watch this footage if you are afraid of heights (and squeamish). American skateboarding star Danny Way has been rebuilt more times than the bionic man. He’s also made a small fortune from a sport so often wrongly derided as ‘for kids’. Definitely not one for a suit and tie, Way nevertheless deserves respect – as much as he would appear to need a permanent personal medical staff.
3. Shane McConkey
Professional skier Shane McConkey died in March 2009 while skiing in the Dolomite Mountains in Italy. His death robbed the world of extreme sports of an athlete known for combining BASE jumping with skiing, as seen in such feats as skiing into a BASE jump off the Eiger. RIP.
4. Shaun White
There are those who say that White, snowboarder extraordinaire, has the kind of hair that is inimical to success. We say, like Forbes magazine, that if White earned $9 million from his endorsements in 2008 alone, what’s he worth now? We also say: don’t try what White does at home. Or anywhere, really.
If BMX riding is jejune, does it matter? Not to Macaskill, a man who’s worth a lot of money thanks to his remarkable ability on a bike.
6. Lynn Hill
There are rock climbers, and there’s Detroit-born Lynn Hill, the woman who made the first free ascent of the infamous Nose Route on El Capitan in Yosemite Valley. Currently sponsored by the Patagonia gear and clothing company, Hill has done it all, taking phenomenal risks in the pursuit of her calling. Take a look at the intensity of her gaze: this woman would have been a genius at whatever she’d chosen to do.
She has the best name of any sportsperson, ever. She also looks pretty good, too, and is even better at her chosen discipline, wakeboarding. And discipline is the name of the game: as with everyone here, however outre their worlds, however extreme their sports, if they weren’t disciplined they’d not only be impoverished but also, quite possibly, dead. Respect.
Fantastic sting by the News of the World, whose legendary undercover reporter, Mazher Mahmood, has pierced the heart of some disgraceful match-fixing in professional cricket. Hats off, yet again, to Mahmood, but, strangely, we feel slightly sorry for him. Will he ever be able to retire into the sun and live a normal life? Somehow we rather doubt it.
Pictured: something which is decidedly not cricket.
An Englishman’s home is his castle. This ancient tenet of English society means that when a burglar breaks into an Englishman’s home (or castle), the homeowner, or feudal Lord, is entitled to defy him. The tools of defiance are many and varied but include diplomacy (“isn’t it past your bedtime?”), wheedling (“please, my good fellow, won’t you go away?”), lies (“see that castle across the street? It’s full of gold bullion”) and weaponry (“is that a nuclear missile in my pocket, and why aren’t you terrified to see me?”).
This last, however, causes problems. When a homeowner, eager to defend his castle, shoots a burglar, all hell breaks loose. Tabloid hacks break out in sweats as they find themselves compelled to blame European laws and the politically correct for daring to wonder whether such force was necessary when, really, all that is in issue is whether shooting dead an intruder was proportionate to the perceived threat and context.
In the US, this question was recently answered in the affirmative by the excellently named Judge Carlisle Overstreet. The 65-year-old judge shot and killed an unarmed bandana-wearing burglar after the man broke into his home and started coming upstairs. According to the estimable Legal Blog Watch, the dead burglar, John Howard Jr. (who, says the Augusta Chronicle, delighted in the nickname ‘Killa’), was one of two men who broke into the judge’s house in the early hours of the morning. The other, William Omar Jacobs, turned himself in and was denied bail.
This sorry or inspirational tale begs a question. If it had happened here, would it be the first time in recorded history that a judge had killed a burglar? In fact, is this unprecedented across the pond, too? And more to the point, if anyone says the judge acted disproportionately and that he really shouldn’t be canonized, are they politically correct stooges from a morally abased, utterly bankrupt European superstate (or something like that: we confess that tabloidese eludes us)?
Pictured: a judge says “Clint Eastwood isn’t the only one who likes large handguns.” But note: she’s not Carlisle Overstreet.
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It is the function of a judge not to make but to declare the law, according to the golden mete-wand of the law and not by the crooked cord of discretion.
Edmund Burke, from the Preface to Brissot’s Address.
