TWELVE GOOD MEN AND WOMEN – ONE BAD – TWELVE LESSONS

By Jim Cathcart

I'll never forget the day for two reasons: It was my fifty-sixth birthday and the only letter in the mail was blue. It was a Summons from the Ministry of the Attorney General and it read;

"You are summoned to appear as a Juror in this Court, at the Courthouse, Vancouver, British Columbia on Tuesday October 31, at the hour of 1:15 o'clock in the afternoon, and following days, upon the criminal causes to be tried by Juries; and not to leave without the consent of the court as required by law."

"BRING THIS JUROR SUMMONS WHEN YOU REPORT FOR JURY DUTY!"

No where did it say; "Happy birthday, big guy!"

What in the hell did I do to deserve this? I remembered writing a letter, in the previous month, to the Chief of Police complaining bitterly about being the victim of car theft for the second time in one year. I got a response to my letter but no response to the car theft. Did they put my name on the Juror List? Is this their view of "Crime and Punishment?"

I read over the twenty reasons why I might be disqualified or exempt from serving as a juror. None of them applied. It was a strange revelation? All the people who really care about the law, those who have made it their life's work, were exempt. People over the age of sixty-five; those who count our revenue and losses; those who treat our gun shots, stab wounds, broken bones and teeth; all would have the "Wisdom of Solomon," and yet they were among the exempt?

Was I the only person left to serve? I tried to think up my own list of twenty reasons why I couldn't. Self-employed, that one tops the list. But let’s face it, I'm not very busy right now and the twenty-six bucks a day, "Jury Pay," is probably better than I've done for a while. My conscience was admonishing; "Sorry, big guy, you can't find a good reason...you've been bitching about the Justice system long enough...you believe in the Rule of Law...it's about time you found out what's going on...check the BOX...you're NOT disqualified!"

When I arrived at Court I was surprised to see one hundred worried people. Seventy-five names were drawn from a small wooden casket. Twenty-six were shunned (persona non grata) for reasons only lawyers know. Twenty five came up with reasons they couldn't serve, that only a Judge with the heart of a saint, would understand. The rest walked away, only to die another day. Two Juries would be picked; Twenty-four good men and women, for two innocent bad men.

On judgement day the twelve Jurors gathered before the Sheriff for Roll-Call and special instructions. "Listen up everybody - speak up when you hear your name called!" Those friendly "keeper's of the key," would soon become our lawyers, teachers, confidants and humorists and our telephone line to our loved ones. They would guide us through the halls of justice and stand guard over our "Room of Lifetime Secrets." They would treat us with great respect, as they would a M'Lord and M'Lady of the highest court...They kept our water cold and our coffee hot and they never stood in judgement of those who smoked.

My days in the Jury Box taught me twelve lessons:

1. "You are not to discuss the case amongst yourselves or with anyone, not even your spouse, until all the evidence has been heard." In other words never judge anyone until you know all the facts. That's difficult for me, especially since I love to tell stories and have been jumping to conclusions for most of my life. I learned a lesson in tolerance.

2. I was shown by example that people from all over the world are similar in their desire to keep the "Rule of Law." Our twelve Jurors came from East India, the Philippines, Britain, Germany, France, the Netherlands and North Battleford, Saskatchewan. Some were born in Canada and some were not. The Law is the visible thread that binds us together as a people.

3. Justice and the Law may be blind, but if the citizens or even police hold a blind eye to crime, we will loose our ability to see.

4. I learned to admire, respect and yes, even love, twelve good people who all showed a deep compassion for the Victim and the Accused; the Accused, because he too was a victim. If there is a wrong done, the Victim will have twelve powerful advocates.

5. There is absolutely no doubt in my mind that twelve good people will agonize, tortuously over the issue of Law; "Beyond a reasonable doubt."

6. A random group of Canadians can find unanimous agreement on difficult points of law and there is an inherent knowledge of right from wrong.

7. Twelve Canadians were deeply repulsed by the "Gang Rule of Violence," theft and the use of weapons of any kind. There is also a zero tolerance for ignorance of the "Rule of Law."

8. The Police really are Vancouver's Finest; physically beautiful men and women; intelligent, bright and compassionate. But they are, "damned if they do and damned if they don't." Some Lawyer's have taught them; "the Law really can be an ass." We the Jury believe that the police should have, one year off with pay, every five years. During this time it would be mandatory that they spend their time with law abiding citizens; Perhaps ex-jurors? They should be prohibited from seeing any Lawyers and required to attend at least one "Crime Scene and Description Writing Course," taught by an Ex-Lawyer/Author.

9. All citizens need to take a one year "Crime Scene and Description Writing Course." This might be useful, especially while you are being hit by a Baseball Bat. Stop and write down what is happening to you at the time. Don't forget to describe the assailant in detail...Colour of eyes and hair...style of hair in or out of Court ...Colour of Clothing...Designer Label and Washing Instructions... Facial features...Scars...Tattoos and any odours. All this must be practised on a lawyer. Such a course should be sponsored, free of charge, by the Law Society.

10. Juror names come from the Voter's List. So if you don't want to be involved, don't vote and don't complain about rising crime!

11. Judges and Lawyers like to write everything down. They spend hours doing this during Court time. The Jurors are not permitted to write anything down until the very end, since we should be listening instead of writing. That's good legal advice for everybody. Judges are actually writing a novel during proceedings. You will hear a four hour reading at trial's end.

12. Victims don't get much Court time. They are rarely seen by the Jury. They should also have a special place to sit. The Prosecutor, for the Crown, should be able to call for a recess, at any time, to consult with the Victim.

Yes, I met 12 good men and women and one bad and learned 12 lessons. But the most important lesson for the Accused and the Victim was that justice was served by a Juror summoned.

Jim Cathcart, North Vancouver, B.C. – November 2007