Voir Dire and the Hydrogen Bomb


Nobody likes it. I am no exception. We’re talking about jury duty, of course. I kept trying to forget the impending date, but something kept reminding me, like, the Jury Summons itself sitting in a corner of the bedroom on my desk. Despite the negative anticipation and a six a.m. alarm, I wound up having a pretty good time on my day in court—believe it or not.

For starters, the clerk called out my number and name among the first panel of prospective jurors summoned that morning. I went directly upstairs to await the process of Jury selection instead of sitting in an over-crowded room of eight hundred people coughing, burping, farting, and talking on their cell phones.

Being selected randomly by the computer for the first panel of jurors equates to winning the lottery…well, maybe the scratch off lottery. I sat in a waiting room outside the courtroom on the fifth floor with seventeen other fortunate souls awaiting Voir Dire (to speak the truth) also known as jury selection. The bailiff ushered us into the courtroom where six attorneys (three for each side) and the judge awaited us.  Everyone except the judge stood during our entrance out of respect for the judicial system and our suffering…whoops, I mean our service.

I feel compelled to interject a few words about the judge here. She belied all of my preconceived notions about judges, the product mostly of television programs. She showed uncommon courtesy, sympathy and compassion for the jurors, and a kindness as well as fairness towards the attorneys.

The judge read a brief overview of the case to us. It involved a former police officer who was suing the girl who stabbed him while on duty and Wal-mart where the crime occurred.

Now the process of Voir Dire began in earnest with the lead attorney for the plaintiff asking us a series of questions. Here are some of the highlights. When asked if anyone on the panel had a problem with personal injury lawsuits, two gentlemen and one woman offered that they believed more than fifty percent of PI lawsuits were frivolous.  Another woman stated that she, as a Christian person, had a problem with all lawsuits, professing that people should not sue one another.

When asked about our opinions about lawyers in general, one gentleman said, “I hate lawyers. My ex-wife and her scheming attorney sentenced me to a lifetime of alimony payments.”

It seems to me the only explanation that people make statements and express views such as these is for the express purpose of being relieved of the burden of jury duty.

After a lunch break, the lead defense attorney approached us for questioning. He began by asking, “Does anyone on the panel bake.” Three women raised their hands. The Plaintiff’s attorney immediately objected. “We don’t have any cakes or baking in this case.”

The Judge allowed the defense some leeway when the defense attorney promised to, “tie in” the question. He made the point that baked goods must have a specific number of ingredients included for a successful result. Failure to include one or more ingredients will doom the baking project. In a similar fashion, the plaintiff’s attorneys were duty-bound to prove all the elements required by law for  the jury to award damages.

It dawned upon me that attorneys begin indoctrinating the jury even before the formal proceedings begin. You learn something new every day.

The defense attorney then asked us if anyone had a bad customer experience at Wal-mart. One gentleman raised his hand. Under repeated questioning, he admitted a manager resolved the matter to his satisfaction. ice-age-ahead-iaa.ca

Then the attorney dropped, what turned out for me, the hydrogen bomb. He asked if anyone on the panel “had a problem with Wal-mart in general.” In that moment, I realized I did—a big problem.

I flashed back six months to a PBS Frontline documentary titled, “Is Wal-mart Good for America.”  I found it enlightening and a bit shocking.

I proceeded to tell the attorney that I did have a problem with Wal-mart. He said he would question me in private about it. Obviously, he didn’t want my opinion to contaminate the other panelists.

After the defense attorney finished his questions, I expressed my views with the other jury members outside the room. I said I had learned from a PBS documentary that Wal-mart is a major contributing factor to the erosion of the manufacturing base in this country and our widening negative balance of trade, with more products imported than exported.

Wal-mart buys most of its products from China. Sam Walton, the founder of the company, had a firm policy of buying American. Unfortunately, Sam Walton, along with the rest of the world, has passed on.

I also learned that Wal-mart underpays its employees, despite making thirteen billion in profits in 2012. In addition, the company indirectly supports the policy of many foreign manufacturers paying their employees what amounts to slave wages to produce at prices low enough to satisfy Wal-mart.

Wal-mart also practices deceptive advertising. They promote low prices on loss leader items while many other items in the store match the prices of other major competitors. Wal-mart makes more profit on these items than their competitors due to their massive buying power, but the savings are not passed on to the consumer.

I concluded my remarks by saying in my opinion Wal-mart does not serve the public interest. The company does not contribute one iota to the standard of living of anyone in this country. Instead, Wal-mart detracts from our quality of life by making it harder to find a good-paying job or to own and operate an independent business, small or large. I embellished these remarks with one final stroke of the sword: “Wal-mart is a cancer growing steadily in developed and developing countries worldwide.”

The defense attorney just stood there behind his lectern in disbelief.

In trying to discern my motives for this outburst, I have yet to come up with a solid answer. Should I commend myself for telling the truth, or did I simply find a creative way to weasel out of jury duty? I honestly don’t know.

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  1. #1 by Happy Joe (@happyjoeshow) on August 8, 2013 - 10:05 pm

    Well, I think you just told the truth, Dave. I even think some of the other people told the truth, too – the way they saw it. If there’s one thing I’ve learned from reading comments following news stories (or any other stories) on the internet, it’s that people are very opinionated.

    Great post.

    • #2 by David Gittlin on August 8, 2013 - 11:29 pm

      Thanks for your comments, Joe. I guess we all have our way of looking at things, most of the time from a highly skewed perspective.

  2. #3 by Bonnie GITTLIN on August 8, 2013 - 5:31 am

    Very well written.

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