Saturday, March 03, 2018

There Oughtta Be a Law

I just received a jury summons. I'll try to get out of it on financial hardship grounds, because if I don't produce I don't get paid. But the thought -- or rather, the memory -- strikes:

When I was living in SoCal I got assigned to jury duty in Compton once. It's real interesting, having to park your car and then run the gantlet past clusters of face-tatted young "affiliates" of feral as hell defendants, and knowing your next stop is through a metal detector, meaning you can't have anything on you...

We know police have no duty to protect us, that is, they incur no liability should they fail to do so unless a legally-defined "special relationship" exists. If we're compelled under force of state arms to be be somewhere, and if compliance puts us at heightened risk and severely curtails our defensive options, why shouldn't such a relationship be mandated by law?

I'd love to see a legislator propose a law saying if you are subpoenaed and required to go somewhere, that those doing the compelling will be required to provide protection to, during and from the dragooning and on the hook for damages if they blow it.  If nothing else, it would be fun to see all the anti-gun poltiwhores and "Only Ones" who say you can't protect yourself blow a gasket saying they're not going to do it either.

11 comments:

Steve said...

Then again, you might get lucky and they'll Google your name and thank you for your time. Well, maybe not that last bit.

David Codrea said...

Actually, I sent them links to prove I do what I claim on a daily basis.

Anonymous said...

"Juror Number 69....David Codre-ahh shit"

LOL

GaryM said...

Oh,Boy! Maybe you'll get on a case involving a CCW crime and can invoke Jury Nullification.

Anonymous said...

Do what I do, David. Wear an NRA shirt. You'll be one of the first jurors excused.

Roger J said...

Oddly, I have only been summoned for jury duty twice, in 1981 and 1983, both times in Mass. The first time I wasted a day before the case was settled by the disputing parties. The second time they summoned me, I had moved to Ohio. I told them I'd moved, added some choice comments on Mass. justice, and refused to provide any further information. Now I live in a state (South Carolina) where I can refuse jury duty because of my age. Unless the Feds summon me before I reach 70, I'm home free.

Good luck! Courtrooms are like operating rooms - the less time you spend in them (even as a juror), the better off you are.

Anonymous said...

1. If you're unlucky enough to get picked, don't bring up jury nullification (if applicable) until you're sequestered, otherwise the judge will declare a mistrial before you get that far and do it all over again.

2. I've seen you reference the problem with cops not protecting and serving before, however your link to the JPFO book doesn't explain WHY. It's a District of Columbia Court of Appeals decision: Warren v. District of Columbia 444 A.2d. 1, D.C. Ct. of Ap. 1981 - https://en.wikipedia.org/wiki/Warren_v._District_of_Columbia
-MM

Anonymous said...

If you don't want to get picked, bring along a book. You'll be excused in voir dire every time.

Anonymous said...

Anonymous 2 to anonymous 1: It goes even further up the legal chain than DC's CoA. See here https://www.oyez.org/cases/2004/04-278 for the Supreme Court's decision reaching the same conclusion.

And what, by the way is the legal definition of a "Special Relationship"? You would think that of all places a such a relationship would exist between the government and inmates, but given the incidents of murder, rape, etc., I guess not. In that case, just what the hell is it?

Dave said...

Making them accountable for your security during jury duty would be swell, but honestly I'd be happy if they'd just pay minimum wage for my time.

David Codrea said...

The prison observation is a very good one. In fact, the incarcerators use inmate violence as a weapon against prisoners they wish to pressure/punish. It starts early-- I know of one man falsely accused and arrested who was in the holding cell with dozens of others awaiting the initial hearing. Deputies came in to distribute lunch and let it be known that if anyone caused any disruption food would be withheld from all-- knowing that this would make anyone who displeased them a target for retaliation by those who missed a meal.

Imagine if that's the initiation at the courthouse what must go on within jailhouse walls.