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Subject:  Re: The Cost Basis Crisis Date:  7/4/2006  8:10 AM
Author:  JeanDavid Number:  87672 of 127747

That reminds me of my last experience on a criminal jury. When the prosecution finished its case I would have voted to acquit. Lucky for them, the defendent cleared things up when he got on the stand and provided the missing information for them.

You were lucky.

The question for me was that the victim did not see the alleged robber, so she could not identify him. There were no other witnesses. The alleged robber had nothing that connected him to the victim. Why the police picked him rather than someone else of the same race was never made clear. For all I know, they just drove to the next town (that part was established) and arrested the first black man they saw.

Anyhow, the jury I was on (except for me) took only a few minutes to decide the accused was guilty because, were he not, his defense attorney would have presented evidence to that effect. After several days we reported to the judge that we were deadlocked, but the judge told us to deliberate until we came to a decision. That did not make much sense because by then we were not even speaking to one another except for their making insulting remarks about me. After another day we reported deadlock again, and we were told to deliberate until we came to a decision. A day later, the jury told me we needed only to have the preponderance of evidence to convict, not beyond reasonable doubt. Did not seem fair to me for someone who would get 5-7 years in prison. So I sent in a question to the judge to explain the difference between "preponderance of evidence" and "beyond reasonable doubt" and this did not change my opinion that the prosecution had not made a case. But after a while the psychological pressure was too great and I gave up and voted to convict.

I sure hope the guy did it, but it was a serious moral failure on my part. How long are you supposed to remain in a room with all the rest of those very angry people hating you? I know you are supposed to hold out forever, but I just could not do that.
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