Molon Labe! by Boston T. Party, Kenneth W. Royce Read Free Book Online
Authors: Boston T. Party, Kenneth W. Royce
Libertarian columnist Vin Suprynowicz bitterly referred to voir dire as "French for jury tampering." In income tax evasion cases, for example, the Government makes sure that every juror is a "Yes, sir!" Social Security card-carrying, Form 1040 filer who cannot fathom the proposition that the 16th Amendment was never duly ratified or that private-sector wages are not taxable "income" under Title 26 Internal Revenue Code.
ATF cases are notoriously weak in both law and in fact, and cannot withstand jurors who might be sympathetic, much less empathetic, to the accused. The ideal juror is one who has little or no experience with guns, viewing them as unnecessary — if not vaguely frightening — objects.
AUSA Krempler and the Honorable Henry T. Fleming spent the entire morning sifting through the lives of the 44 prospective jurors. Were they members of the NRA or any other gun-rights organization? Did they agree that the Second Amendment protected only the national guard? Had they or any of their friends or relatives ever been prosecuted for a federal firearms violation? Had they ever heard of FIJA 4 ? Had they ever been a member of a militia? Did they own any firearms? If so, any "assault weapons"? Did they have any bumper stickers on their cars? Did they homeschool? What did they read at night?
At last it was Juliette Kramer's turn to question the jury pool. After thoroughly explaining the concept and history of "presumption of innocence" and "reasonable doubt" to 44 men and women, she notices a thin, nervous fellow who seemed distracted all morning.
"Mr. Urdang, if you had to render a verdict in this case right now, before trial, what would it be?" asks Juliette.
Thomas Urdang, a life insurance salesman, ventures an answer. "Uh, well, I couldn't really say. I haven't heard the evidence yet."
"But didn't you earlier agree that a defendant is innocent until proven guilty?"
"Uh, yes, I did."
"Well, if you believe that, then your verdict must be 'Not Guilty,' would it not?"
Urdang squirms in his seat, his face reddening. "Uh, yes, I guess it would."
"You guess it would?"
"Well, no — I mean yes . I, I mean if I had to, uh, render a verdict right now, it would have to be 'Not Guilty'."
"I see. Thank you, Mr. Urdang for coming downtown this morning," Juliette says evenly. "Your Honor?"
Judge Fleming nods to Urdang and says, "You're excused, sir. Please see the court clerk on the way out to receive your juror compensation. Thank you for your service today."
Thomas Urdang self-consciously rises and stiffly walks out.
Turning to the pool of jurors, Juliette carefully explains her point. "Ladies and gentlemen, you'll recall that I earlier mentioned the danger of platitudes. Platitudes are truths which have become familiar. Too familiar. That doesn't make them any less true — just less poignant. And so they pass through the mind undigested, like a pebble through a chicken. The vital truth to remember here is that in America, one is presumed innocent unless and until one is proven guilty beyond a reasonable doubt. Sadly, that truth called 'presumption of innocence' has become a platitude. It was a platitude for Mr. Urdang, else he wouldn't have answered the way he did.
Several members unconsciously nod at this.
"Now, I did not single out Mr. Urdang to embarrass him. On the contrary. I'd have preferred that he had said, 'Why, Not Guilty, of course!' I'd have preferred that 'presumption of innocence' was a living, breathing truth to him, as it must be with all of you. Ladies and gentlemen, we cannot 'go through the motions' here, floating on platitudes. An innocent man's future is at stake during this trial, and you hold it in your hands. So, I will ask you all, if you had to render a verdict right now, what would it be?"
"Not Guilty," the pool answers in unison.
Juliette scans the faces for any who somehow found this difficult. She has only a few peremptory strikes left and needs to use them wisely. "Thank you, ladies
ATF cases are notoriously weak in both law and in fact, and cannot withstand jurors who might be sympathetic, much less empathetic, to the accused. The ideal juror is one who has little or no experience with guns, viewing them as unnecessary — if not vaguely frightening — objects.
AUSA Krempler and the Honorable Henry T. Fleming spent the entire morning sifting through the lives of the 44 prospective jurors. Were they members of the NRA or any other gun-rights organization? Did they agree that the Second Amendment protected only the national guard? Had they or any of their friends or relatives ever been prosecuted for a federal firearms violation? Had they ever heard of FIJA 4 ? Had they ever been a member of a militia? Did they own any firearms? If so, any "assault weapons"? Did they have any bumper stickers on their cars? Did they homeschool? What did they read at night?
At last it was Juliette Kramer's turn to question the jury pool. After thoroughly explaining the concept and history of "presumption of innocence" and "reasonable doubt" to 44 men and women, she notices a thin, nervous fellow who seemed distracted all morning.
"Mr. Urdang, if you had to render a verdict in this case right now, before trial, what would it be?" asks Juliette.
Thomas Urdang, a life insurance salesman, ventures an answer. "Uh, well, I couldn't really say. I haven't heard the evidence yet."
"But didn't you earlier agree that a defendant is innocent until proven guilty?"
"Uh, yes, I did."
"Well, if you believe that, then your verdict must be 'Not Guilty,' would it not?"
Urdang squirms in his seat, his face reddening. "Uh, yes, I guess it would."
"You guess it would?"
"Well, no — I mean yes . I, I mean if I had to, uh, render a verdict right now, it would have to be 'Not Guilty'."
"I see. Thank you, Mr. Urdang for coming downtown this morning," Juliette says evenly. "Your Honor?"
Judge Fleming nods to Urdang and says, "You're excused, sir. Please see the court clerk on the way out to receive your juror compensation. Thank you for your service today."
Thomas Urdang self-consciously rises and stiffly walks out.
Turning to the pool of jurors, Juliette carefully explains her point. "Ladies and gentlemen, you'll recall that I earlier mentioned the danger of platitudes. Platitudes are truths which have become familiar. Too familiar. That doesn't make them any less true — just less poignant. And so they pass through the mind undigested, like a pebble through a chicken. The vital truth to remember here is that in America, one is presumed innocent unless and until one is proven guilty beyond a reasonable doubt. Sadly, that truth called 'presumption of innocence' has become a platitude. It was a platitude for Mr. Urdang, else he wouldn't have answered the way he did.
Several members unconsciously nod at this.
"Now, I did not single out Mr. Urdang to embarrass him. On the contrary. I'd have preferred that he had said, 'Why, Not Guilty, of course!' I'd have preferred that 'presumption of innocence' was a living, breathing truth to him, as it must be with all of you. Ladies and gentlemen, we cannot 'go through the motions' here, floating on platitudes. An innocent man's future is at stake during this trial, and you hold it in your hands. So, I will ask you all, if you had to render a verdict right now, what would it be?"
"Not Guilty," the pool answers in unison.
Juliette scans the faces for any who somehow found this difficult. She has only a few peremptory strikes left and needs to use them wisely. "Thank you, ladies
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