First time here. I’m a jury selection process virgin. So I look around. Open my eyes and ears wider than usual. Some very heavy women, one of whom sits next to me, shoving me to the opposite edge of my chair and breathing like Darth Vader so that the whole room can listen with expectation to the details of each breath. A few heavy men. A kid who works at a fast food joint. An accountant. A truck driver. A couple of teachers. A construction project manager. A buyer. A young man with no teeth in front whose father was convicted of sexually abusing the young man’s sisters. The son of a detective in another county. A former elementary school principal. A woman whose friend was murdered some years ago.
Nine men and one woman own among them about 45 handguns and shotguns and rifles. Useful for recreation. For hunting and target shooting reasons, they say. This is out of a universe of 25 possible jurors. You could outfit a pretty effective terror cell with hardware like that, I’m thinking.
It’s a criminal trial. It isn’t murder, but it’s close. A crime involving a gun. The use of a gun. The defendant—a young black man in white shirt and tie. A man in custody. A man whose shackles around his ankles are not visible beneath the table from where we’re sitting. The only black man in a white room. A room with maybe 45 white people in it, and we’re in the Midwest. So it’s a very white room. All of us present to consider his case. And one another’s qualifications to judge. To sit in judgment of one another first. Then him. Of this young black man. Whether we like it or not.
Judgment is critical here, which the prosecutor makes plain. “Are you comfortable judging?” he wants to know. “That is what you will have to do. If you are selected for the jury.”
“Are you comfortable sitting in judgment of someone else? Of this man over here, for example?”
We all sit here thinking. Eyes open. Wondering if this guy really does understand what he’s asking. Wondering whether this guy reads books at all, has read the Bible at all, thinks about the various meanings of a question like this. Hears the various meanings of a question like this as he utters it. The various contexts of a question like this, beyond the particular context he has in mind.
Context One: This particular trial, which the prosecutor clearly has in mind. Context Two: Any criminal or civil proceeding. Context Three: Our lives outside of the purely judicial context. Context Four: Eternity. For example.
I want to say something like, “You vile creature! Are you comfortable judging someone else? Is your conscience clear and clean as a newborn’s? Are you untroubled by your job? By what happens to the miserable souls of the accused when you succeed? Do you experience an untroubled sleep? What price does justice exact, do you imagine?” But I don’t. I hum quietly to myself, under Darth Vader’s breathing.
The prosecutor talks a lot about the standard of proof in a criminal trial: “Convinced beyond a reasonable doubt” he says. “Not convinced beyond all doubt.
“Do you understand the difference?” he wants to know. “Does anyone have difficulty understanding the difference?”
I want to raise my hand, but I don’t. It isn’t worth it. This is another existential question. Another eternal question. Another question over which one could make a career in philosophy, for example. In linguistics. In poetry. In prose fiction. I want to debate this with him. It deserves a thoroughgoing analysis. A far-ranging discussion. But we are not in a classroom, I’m thinking. We are not in my living-room. This isn’t a discussion group. We are not so much interested in getting at an answer to this question.
No, we are much more interested in finishing up by 4:30 this afternoon. Much more interested in getting our list whittled down to 12 plus an alternate. Much more interested in weeding out the obviously incompetent. The racists. The cop haters. The slavish cop lovers. The people who are too busy to take this seriously. The people who don’t understand that the current theory of criminal jurisprudence in this country is that the accused is presumed innocent until proven guilty. The people who have trouble with arithmetic tests involving single-digit numbers.
First things first. So when he asks the question and makes a gesture that puts “convinced beyond all doubt” physically above “convinced beyond all reasonable doubt” in space—one hand about belly high and the other hand well over head high—none of us raises his or her hand and says, “Yes. I have difficulty. Please explain the difference. Gesturing doesn’t cut it. Stop your inane gesturing. Give us the criteria. Give us the infallible tests.”
None of us says anything like this. No. We look at him like a bunch of idiots. A bunch of parishioners. A bunch of students hoping we don’t flunk. A bunch of dopy pilgrims. Hoping that we are not publicly humiliated by a guy. Well. A guy who…. Oh, I shouldn’t say it. I shouldn’t say anything.
I don’t know. I get the impression that in this particular little world. This little artificial reality we’ve all agreed to buy into here. That if we are ejected from this process, we are defective. Morally or intellectually defective. And I think we’ve agreed that if this were to happen to us, it would be similar to being exiled to outer darkness. Similar to being sentenced to hell. Oh, maybe not by God, but by somebody who is delegated God-like power here. In this simulacrum of the actual world.
So, what are we, I’m wondering. What are we in this pretend little analogical world in which the judge is given God-like power and in which the attorneys for the prosecution and defense sit at the right and left hands of God? A trumped-up little world in which that black man over there waits also to be judged by all this heavenly whiteness?
Maybe we are the candidate humans trying to be Christ-like. Trying to appear fair and even-handed. Peaceful, forgiving people. Trying to rise above the profanity of our larger lives. People working for a seat in heaven by the avoidance of sin. The avoidance of the appearance of fault or imperfection or sin or defect. No, we aren’t racist, we insist. No, we have nothing but unmitigated love and respect for the police and black people and people of color and all people everywhere.
We are always fair and balanced. We have no prejudices or weaknesses of mind or spirit. No, we have no difficulty understanding improbable distinctions. Impossible direction. No, we are tabula rasae. Clean of mind and spirit. No, we haven’t ever dreamt about putting a bullet into the temple of an enemy. A rich man. A person with privilege or power. Someone like you, for example. Or wittingly imagined it, either. Not us. Not me. No. Not anyone here.