Having seen a story in a much less reputable media publication than The BFD about a failed attempt to avoid participating in a jury, I am reminded of my own youthful endeavours to do the same; albeit more successfully. Twenty years later, I am yet to be convinced that any individual has an intrinsic obligation to other individuals, accused criminals or that imaginary being for which many advocate the principal determination of right and wrong: society.
The tale I read about this week concerns an unnamed individual who showed more commitment than one in five New Zealanders by actually showing up to court before trying to bluff his way out of participating further. Potentially inspired by a Simpsons episode, the juror approached the bench after being called to hear an assault case, asking to be excused saying, “I am a racist, they are guilty.” The potential juror was of Caucasian complexion, while the defendant was Maori, but his efforts only resulted in being placed in the cells himself for contempt of court. Following a day of hearing evidence, the man was permitted to appear before the judge to apologise and released without penalty. Don’t worry, he was reminded that should he be called for jury service again that he should not try pulling that trick again.
Is this a victory for justice or a damning consequence of compelling innocent people, at random, to sacrifice their time to judge the guilt of another?
I was about twenty years old when I received my first, and only, call up for jury service. I explained that as a libertarian I am philosophically opposed to being compelled against my will to participate as a jury and that my beliefs deserve to be treated in much the same way as those of people who hold religious objections to serving. I also added that I wouldn’t attend if required but even if I were to attend my conscience would prevent me from passing a guilty verdict for actions I do not consider to be a crime such as the manufacture of methamphetamine. Under section 16 (4)(b), I was excused from jury service on that occasion and any future requests. Would I agree to any future request for jury service? Possibly, given that it is now voluntary for me to do so, but the point is probably moot since my exile to Victorian Danistan.
I’ve received a range of responses to that story including from another libertarian who believed that as I was not willing to serve as a juror I had no moral right to a jury trial in the future. I think the same could be said for paying taxes and I certainly would not begrudge a person who has managed to reduce the amount that is stolen from them by the state each year. I do believe that a person accused of a crime still has the right to be tried before a jury but they are not entitled to the time and labour of another individual; the obligation to provide a jury in a criminal trial is that of the Ministry of Justice and such an organisation should not be permitted to apply compulsion against innocent individuals simply to make their own job easier.
Voter turnout is considered to be important in a democracy for reasons I cannot fathom and it is compulsory to register to vote in New Zealand. Personally, I think if an individual decides they do not wish to participate in the political process at all, then bloody leave them alone! Not participating is a bad idea but I’ve never been of the political inclination to force people to make ‘good’ decisions. The pool of persons that can be selected for jury service is drawn from the same pool of people who are registered to vote so perhaps seeking to satisfy the goal of encouraging voter participation and providing juries in the same manner is counter-intuitive.
If I ever found myself in the situation of facing a criminal trial by jury, I would be far more reassured in knowing that each person passing judgement upon me actually wanted to be there. Rather than be as crass as to suggest that people, in general, are stupid, I’ll point out that statistically, 50% of the population is of below-average intelligence. The overwhelming majority of potential jurors will hold mainstream opinions about the appropriateness of passing judgement against laws they may not agree with and I doubt even the most dazzling defence against an unjust law, such as Hank Rearden’s refusal to comply with the Fair Share Law in Atlas Shrugged, will save me from a dutiful jury.
I am far from alone in skipping jury service. The latest figures from the Ministry of Justice show that just 17% of the 153,031 people summoned in 2019-20 actually reported for service. Unfortunately, those who did attend include the idiot who pretended to be racist and remains eligible to be called again. Much is made of the “public good” of citizens “doing their civic duty”. If civic service is mandatory rather than voluntary then public good is achieved by tyranny against individuals. The last people I would want to be sitting on a jury are the twelve reluctant victims of tyrants.