A jury is a group of people who, under oath, are given a question by a court and answer with an impartial finding of fact. People sitting on a jury must be qualified. For example, they must be legal citizen, they cannot have been convicted of a felony and they cannot have such prejudice for or against any element of the question submitted that they cannot be impartial. In its simplest form, a jury sees, hears, smells and sometimes touches evidence and determines the truthfulness of it.
Almost every defendant is silent or denies guilt. The jury hears the tension in the defendant’s voice, sees the expression of the defendant’s face, and determines if the denial is credible or not. If the defendant smells or acts intoxicated, the jury can decide if that simple fact impacts credibility or not. The jury considers all of the evidence that supports or challenges the defendant’s claims.
The jury tempers the law with what is acceptable in our community. What is, for example, obscene? What is, for example, harassing? What is, for example, abusive? Only the jury can say. What jury, seeing that a company or person acted fair and just, would rule against it? What jury, seeing that a person made a false claim, would rule for him or her? Juries have an uncanny ability to recognize a false claim.
On the flip side, if the defendant is cheating people, isn’t that bad for everyone. Good business helps everyone. Bad business is bad for everyone – even other businesses. Imagine a claim against your company. Although not legally permissible, imagine that the jury is made up of your company’s customers, employees and vendors. If you follow good business practices, you are delighted. Otherwise, maybe you are afraid of the jury. blb (205)912-8248
