Latest / Stuff Mom Never Told You / SMNTY Deliberates on Women and Jury Duty
Transcript
- 0:05Speaker 1: Hey, this is Danny and Samantha and welcome to stuff
- 0:07Speaker 1: I'll Never told you production of iHeartRadio. And if you're
- 0:19Speaker 1: listening to this when it comes out. I have been
- 0:22Speaker 1: absence or about a week because I got jury duty.
- 0:28Speaker 1: I was selected. I served on a jury If we
- 0:32Speaker 1: have time, I'm going to talk about it at the end.
- 0:34Speaker 1: If we don't have time, I'll talk about it in
- 0:36Speaker 1: a Monday Mini because I learned a lot everyone. It
- 0:41Speaker 1: was a really intense, fascinating experience. I've been summoned to
- 0:48Speaker 1: jury duty before, but this was the first time I've
- 0:50Speaker 1: been chosen to serve on jury duty. And it happened
- 0:55Speaker 1: very suddenly because I had pushed it off. You get
- 0:59Speaker 1: one defer e that is not related to They have
- 1:03Speaker 1: kind of a set of reasons that you can just deffer.
- 1:08Speaker 1: Then you have one you can just say, like, this
- 1:10Speaker 1: is not a good time for me. And I did
- 1:12Speaker 1: it because I got somemoned doing when we were going
- 1:14Speaker 1: to be in Seattle, so I deferred it and then
- 1:18Speaker 1: it came up again.
- 1:19Speaker 2: That was so quick turnaround too. It was a quick turnaround.
- 1:23Speaker 1: It was a quick turnaround, and I was like, oh,
- 1:25Speaker 1: this is actually not a good time for me either,
- 1:27Speaker 1: which I'm sure is what everyone says, but they were like, nope,
- 1:31Speaker 1: used tell your center, earl, you're coming back. And this
- 1:36Speaker 1: episode is kind of timely in a couple of ways.
- 1:39Speaker 1: Although as I was researching this, it's not as timely
- 1:43Speaker 1: as I thought, because there were a couple cases that
- 1:46Speaker 1: happened around women serving on jerry duty on like Halloween,
- 1:51Speaker 1: but it was like very specific, So it's not as
- 1:54Speaker 1: timely as I got really excited about when I was
- 1:57Speaker 1: research But yeah, we have been I feel like I
- 2:05Speaker 1: have been traveling, busy doing stuff since June, and then
- 2:13Speaker 1: you were sick, Samantha, and then this jury duty thing happened,
- 2:19Speaker 1: and so if I'm a little arresty, that is why.
- 2:24Speaker 1: But yeah, one of the things that I will say
- 2:26Speaker 1: is interesting about this is I have never made it past. Essentially,
- 2:34Speaker 1: what happens is you get a you get a letter
- 2:38Speaker 1: and it says you've been summoned, and it gives you
- 2:41Speaker 1: the date and time and all of that. I went
- 2:44Speaker 1: in last time I was summoned, the case got settled
- 2:50Speaker 1: before even a jury had been chosen, so I thought
- 2:54Speaker 1: that I had served jury duty and it just got settled.
- 2:57Speaker 1: But that is not what happened this time. I made
- 3:01Speaker 1: it to the interview stage obviously, perhaps, but you know
- 3:07Speaker 1: that's when they ask you their questions if they're trying
- 3:10Speaker 1: to see do we want this person on our jury.
- 3:13Speaker 1: And they asked me about the podcasting, Samantha, and they
- 3:18Speaker 1: were like, well, what what are your podcasts about? And
- 3:22Speaker 1: I have to say I said it was an intersexual
- 3:26Speaker 1: feminist podcast. I did not do the thing we usually
- 3:28Speaker 1: do or I usually do or it's women's yes, because
- 3:33Speaker 1: I was like, no one they could look it up.
- 3:35Speaker 1: But two, I'm won't be clear. I'm clear about this.
- 3:41Speaker 1: But they did ask me a lot of questions about
- 3:43Speaker 1: my closeness or proximity to true crime podcast which makes sense.
- 3:49Speaker 2: Did you tell them we had like at least episodes
- 3:51Speaker 2: about it and why women love them?
- 3:54Speaker 1: I did not bring that up.
- 3:55Speaker 2: If they just talked about the episode, you should just
- 3:57Speaker 2: talked about the episode all the time.
- 4:00Speaker 1: I said, I was truthful. If anyone is listening that
- 4:07Speaker 1: I have provided voices for true crime podcasts before, usually
- 4:11Speaker 1: as a favor to a friend of ours that we
- 4:14Speaker 1: work with, but I've never been involved in scripting them
- 4:19Speaker 1: or writing them, creating them anything like that, But anyway,
- 4:22Speaker 1: I ended up getting chosen. And I do want to
- 4:25Speaker 1: say for this episode, which we're going to be talking
- 4:27Speaker 1: about the history of women and jury duties in the
- 4:30Speaker 1: United States, we are focusing on those things women in
- 4:35Speaker 1: the United States because there are and have been a
- 4:39Speaker 1: lot of questions around should we even have juries, because
- 4:43Speaker 1: we can't remove the toxic racist, sexist, homophobic, abilists soup
- 4:48Speaker 1: that we're all raised in. But then again, other people argue,
- 4:52Speaker 1: like is it better to trust judges alone? Some argue
- 4:55Speaker 1: that we don't need to do away with juries, we
- 4:57Speaker 1: just need to do a better job of making sure
- 4:59Speaker 1: they are representative. I will say I think mine was
- 5:02Speaker 1: pretty representative. Again, if I have time, I will talk
- 5:06Speaker 1: about it at the end. And I also like, you
- 5:12Speaker 1: have to take notes during it, and they don't. There's
- 5:17Speaker 1: no transcripts, so you take these notes. And it even
- 5:23Speaker 1: came up and closing arguments where one of the attorneys
- 5:27Speaker 1: they were both women, by the way, one of them
- 5:29Speaker 1: is famous, but they were both they were both women,
- 5:33Speaker 1: and it came up at the end one of them
- 5:36Speaker 1: said something that was incorrect and I had written down
- 5:40Speaker 1: the actual true statement, but the judge said, I hope
- 5:44Speaker 1: they wrote it down, because they don't. They don't provide
- 5:47Speaker 1: that for you. And essentially they give you the laws
- 5:52Speaker 1: to read, and you read them and try to apply
- 5:56Speaker 1: them to the evidence that you have, so I can
- 5:59Speaker 1: see that. Even to me, I was like, I'm really
- 6:02Speaker 1: tired and this lot doesn't make sense to be and
- 6:05Speaker 1: you're asking like somebody's life is in my hands at
- 6:07Speaker 1: this current juncture, and I'm so tired. So I see
- 6:11Speaker 1: the arguments all around it. Also, just to throw this
- 6:15Speaker 1: out here, there are juror scams that are happening right now.
- 6:20Speaker 1: Here's a quote from the Fulton County website. Do not
- 6:24Speaker 1: pay money, our chancefer money to cards are wires over
- 6:27Speaker 1: the phone for missed jerry duty to anyone claiming to
- 6:30Speaker 1: be a sheriff's deputy, which I happened to hear somebody
- 6:37Speaker 1: going through. She was crying. She was at the court
- 6:40Speaker 1: and she was crying. She's like, I am here and
- 6:43Speaker 1: I had I went through this person and all of
- 6:45Speaker 1: this because you can and will get in trouble for
- 6:48Speaker 1: not showing up. Yes, yes, so she was. It sounded
- 6:53Speaker 1: like she had fallen victim to one of these scams. So,
- 6:56Speaker 1: oh no, be aware that that is a thing. Yes,
- 7:02Speaker 1: but okay, let us just briefly go over the definition
- 7:05Speaker 1: of jury duty from Miriam Webster. Quote. Service on a
- 7:10Speaker 1: jury a group of people who make a decision in
- 7:12Speaker 1: a legal case. So the lawyers present these faircases their evidence.
- 7:19Speaker 1: Usually the burden is on the state to prove it,
- 7:23Speaker 1: and then the judge instructs you on the law, the jurors.
- 7:30Speaker 1: He instructs the jurors on the law you have to
- 7:33Speaker 1: apply to the evidence, and then you go deliberate and
- 7:36Speaker 1: you talk about it, and you decide. From the official
- 7:41Speaker 1: Federal website. Quote, Jurors listen to testimony, review evidence, and
- 7:45Speaker 1: render decisions in civil and criminal trials. Most US citizens
- 7:49Speaker 1: who are eighteen or older may serve on a federal jury. Quote.
- 7:55Speaker 1: Being summoned for jury service does not mean that a
- 7:57Speaker 1: person will end up serving on a jury. Jury is
- 8:00Speaker 1: needed for a trial. A group of qualified jurors who
- 8:03Speaker 1: reported to court in response to the jury summons is
- 8:06Speaker 1: taken to the courtroom where the trial will take place.
- 8:09Speaker 1: The judge and attorneys ask the potential jurors questions general
- 8:13Speaker 1: are related to the specific case before them, to determine
- 8:16Speaker 1: their suitability to serve on the jury. The process is
- 8:19Speaker 1: called warder, which typically results in some perspective jurors being
- 8:23Speaker 1: excused based on their answers from serving in that trial.
- 8:27Speaker 1: The attorneys also makes good to certain number of jurors
- 8:30Speaker 1: without giving a reason. Also, it varies by state, so
- 8:37Speaker 1: to be eligible in Georgia, for example, you have to
- 8:40Speaker 1: be a US citizen, be at least eighteen years old,
- 8:43Speaker 1: be proficient in English enough to understand and discuss the case,
- 8:46Speaker 1: be a resident of the county that sent you the
- 8:48Speaker 1: jury summons. Have not served on a jury for the
- 8:51Speaker 1: last twelve months, so hey, I got a year. God
- 8:55Speaker 1: not currently be on a grand jury or another trial jury,
- 8:59Speaker 1: not be under conservatorship, have had your civil rights sort
- 9:03Speaker 1: if you were convicted of a felony, are mouthfeasance while
- 9:06Speaker 1: holding public office? And that I'm assuming. I know assuming
- 9:11Speaker 1: is dangerous, but I'm assuming that's pretty much what most
- 9:14Speaker 1: states are. The jurys can look different. So the one
- 9:18Speaker 1: I was on was fourteeners with two alternates, but there
- 9:23Speaker 1: are also other makeups like six with one alternate or
- 9:26Speaker 1: two alternate, And boy were we looking up those alternates
- 9:30Speaker 1: because essentially the alternates you don't know you're an alternate,
- 9:35Speaker 1: and you listen to the whole case, and then at
- 9:37Speaker 1: the end you're told you're an alternate. You don't deliberate,
- 9:41Speaker 1: but you're supposed to. They don't want you to.
- 9:43Speaker 2: Don't know if you're an alternate. That is now, so
- 9:46Speaker 2: you don't know all time whether or not you're an alternate.
- 9:48Speaker 1: Where you know and I know, Oh, I was crossing
- 9:52Speaker 1: my fingers because I'm a coward and it was a
- 9:54Speaker 1: burger case if. But essentially they want they don't I
- 10:00Speaker 1: want anyone to know they're an alternate, so you pay
- 10:02Speaker 1: the same attention. That's fair. But then they announce it
- 10:05Speaker 1: right before the jury goes to deliberate who the alternates
- 10:08Speaker 1: are and there to come in if something happens. However,
- 10:13Speaker 1: our alternates wanted to deliberate. Oh, and they ask the
- 10:18Speaker 1: judge if we could swap out, because there were plenty
- 10:21Speaker 1: of people that were like, I'm good, you want to
- 10:23Speaker 1: take my spot, it's fine, And he said he'd never
- 10:26Speaker 1: been asked that question before. But the answer was no.
- 10:31Speaker 2: People want me me, let me do this.
- 10:33Speaker 1: Yeah, they were invested. They were both very invested, but
- 10:38Speaker 1: I don't know. Maybe they'll never know, So that's kind
- 10:51Speaker 1: of the basic outline of what it looks like today.
- 10:56Speaker 1: But if we look back historically, it's gone through a
- 11:00Speaker 1: lot of changes. I saw a lot of conflicting information
- 11:07Speaker 1: about the start of jury duty, which again we're kind
- 11:11Speaker 1: of focusing on the West and the US. But the
- 11:16Speaker 1: story goes that the right to trial by jury started
- 11:18Speaker 1: in England in twelve fifteen CEL, though there were similar
- 11:23Speaker 1: practices happening earlier than that. Many of them excluded women,
- 11:28Speaker 1: know and a lot of it had to do with
- 11:29Speaker 1: things around owning property, which most women couldn't, having the
- 11:34Speaker 1: right to vote, which most women couldn't. These requirements that
- 11:40Speaker 1: just women couldn't meet because of the law, so that
- 11:43Speaker 1: meant that they couldn't serve on juries. There were some
- 11:46Speaker 1: exceptions though, going as far back as several hundred years.
- 11:50Speaker 1: In England all women juries juries of matrons were tasked
- 11:55Speaker 1: with figuring out whether or not women facing the death penalty,
- 11:58Speaker 1: usually because if they were, they were exempt from the
- 12:04Speaker 1: death penalty and got a lesser sentence. This was called
- 12:08Speaker 1: pleading the belly.
- 12:09Speaker 2: That's very specific.
- 12:10Speaker 1: It is right enter the all women juries. They were
- 12:15Speaker 1: considered medical experts. They were consulted about inheritance claims, they
- 12:20Speaker 1: examined women for signs of witchcraft, and they provided testimony,
- 12:26Speaker 1: And in seventeen ninety eight, the first instance of an
- 12:29Speaker 1: English style jury system in Australia consisted of a women
- 12:34Speaker 1: only jury. So they inherited a lot of that from England.
- 12:38Speaker 1: But yeah, with the burgeoning of male medical professionals and
- 12:43Speaker 1: things like the stethoscope, these matrons and women only juries
- 12:48Speaker 1: dated away. Legal scholar Alicia Simmons wrote in twenty twenty
- 12:52Speaker 1: one that by the eighteen hundreds, people were starting to
- 12:55Speaker 1: suspect women jurors were quote too irrational, too burdened by
- 13:00Speaker 1: suckling incense, too sexually ignorant, or too easily corrupted by
- 13:05Speaker 1: sexual knowledge. So yeah, I know, right, I feeling that's
- 13:10Speaker 1: all the things.
- 13:11Speaker 2: Yeah, you're just too human.
- 13:15Speaker 1: We don't try.
- 13:16Speaker 2: I think, I don't think I like this. You know
- 13:19Speaker 2: too much, You've say too much, right, you've birth children, No,
- 13:25Speaker 2: thank you, we don't like that.
- 13:27Speaker 1: Stay home with the kids. We'll decide these cases, which
- 13:30Speaker 1: is essentially what happened, and we'll break that down. But
- 13:34Speaker 1: it wasn't until nineteen ninety seven that women secured the
- 13:39Speaker 1: same jury rights as men. Across all of Australia. So historically,
- 13:44Speaker 1: in the US, women have been shut out of jerry duty,
- 13:48Speaker 1: allegedly because this aspect of public life was too intense
- 13:52Speaker 1: for women's delicate sensibilities, plus women just not having the
- 13:57Speaker 1: same rights as men in general.
- 14:00Speaker 2: He was still so from the ACLU. The ACLU has
- 14:04Speaker 2: worked over the years to remove barriers to women serving
- 14:07Speaker 2: on juries. Under English common law, which was the basis
- 14:10Speaker 2: for early American law, women except in a small category
- 14:13Speaker 2: of cases, were deemed unfit to serve on juries under
- 14:17Speaker 2: the doctrine of propter defectum sexes a defect of sex.
- 14:21Speaker 2: I call myself a defective sex all the time.
- 14:25Speaker 1: I guess that's a positive. I don't know.
- 14:28Speaker 2: It's a thing. Oh it's a thing according to them anyway.
- 14:33Speaker 1: Yes, And this was used. This legal argument was used
- 14:38Speaker 1: for a long time, the defect of sex. In eighteen
- 14:42Speaker 1: seventy nine, the Supreme Court in the United States determined
- 14:45Speaker 1: that race based disqualifications from jury duty were illegal, but
- 14:49Speaker 1: affirmed that states could keep their jury choices to men
- 14:52Speaker 1: and exclude women. However, a few states made laws allowing
- 14:57Speaker 1: for women to serve. Utah was the first d to
- 15:00Speaker 1: rule that women were capable and eligible for jury duty
- 15:03Speaker 1: in eighteen ninety eight. Also, plenty of states blatantly did
- 15:08Speaker 1: exclude black people. To be clear, a lot of this
- 15:11Speaker 1: came from the warder jury selection process, which basically allowed
- 15:15Speaker 1: people to make decisions based on stereotypes. So even if
- 15:19Speaker 1: it's like illegal to do that, people still did it. Yes. Also,
- 15:26Speaker 1: women were sometimes called illegally anyway. So I read a
- 15:30Speaker 1: couple fun I all say fun stories about women in
- 15:34Speaker 1: smaller towns where they just didn't have a lot of people,
- 15:36Speaker 1: and were like, yeah, it doesn't matter if it's illegal,
- 15:40Speaker 1: we'll call in the women. And in some places, women
- 15:43Speaker 1: could hold positions in the judicial system, but not serve
- 15:47Speaker 1: as jurors. Jumping ahead to the early nineteen hundreds in
- 15:51Speaker 1: the US, women were popular in some states as jurors
- 15:56Speaker 1: for prohibition violation cases. Places like New York had legislations
- 16:01Speaker 1: allowing for female jers that kept getting stalled and dismissed
- 16:05Speaker 1: with claims that the state wasn't ready for something quote
- 16:09Speaker 1: so experimental ooh. The UK passed the Sex Disqualification Removal
- 16:16Speaker 1: Act in nineteen nineteen, but women were excused from shocking
- 16:21Speaker 1: cases in nineteen twenty one, the Louisiana Constitution was updated
- 16:27Speaker 1: with quote, no woman shall be drawn for jury service
- 16:31Speaker 1: unless she shall have previously filed with the Clerk of
- 16:35Speaker 1: the District Court a written declaration of her desire to
- 16:38Speaker 1: be subject to such service. So essentially, a woman had
- 16:42Speaker 1: to do an extra step to serve on jury dute.
- 16:45Speaker 1: She had to know about it and have the initiative
- 16:48Speaker 1: go do this thing, which of course means that there
- 16:51Speaker 1: were less women serving. And there's a lot of legal
- 16:56Speaker 1: fights that were going to get into around this idea,
- 17:00Speaker 1: because essentially the argument was that doesn't meet the requirements
- 17:06Speaker 1: of a jury, that it should be something that gives
- 17:11Speaker 1: a point of view of like everybody. Women jurors were
- 17:15Speaker 1: allowed to serve in some districts, though, as you know,
- 17:19Speaker 1: this whole time is when women in the US were
- 17:22Speaker 1: getting the right to vote. Many suffragettes believed they'd get
- 17:26Speaker 1: the right to serve on juries like with the right
- 17:29Speaker 1: to vote, but that didn't happen. By in nineteen twenty seven,
- 17:33Speaker 1: only nineteen states had passed laws sanctioning women's presences on juris.
- 17:40Speaker 2: Yeah, in a nineteen twenty seven edition of the Women's
- 17:42Speaker 2: Lawyer's Journal, Bernita Shelton Matthews wrote, since the adoption of
- 17:46Speaker 2: women's suffrage, women have arrived, so to speak, and are
- 17:49Speaker 2: demanding the why and wherefore of their exclusion from jury service.
- 17:53Speaker 2: Evidently they were not satisfied with the reasoning of the
- 17:56Speaker 2: great English jurist Sir William Blackstone held that the common
- 18:01Speaker 2: law requires jurors to be free and trustworthy human beings,
- 18:05Speaker 2: and that while the term human beings means man and women,
- 18:09Speaker 2: the female is, however, excluded on account of the defect
- 18:13Speaker 2: of sex. If it be, as Blackstone says, a defect
- 18:18Speaker 2: of sex that bars women from the jury box, the
- 18:21Speaker 2: women claim that the defect lies in the masculine, not
- 18:25Speaker 2: the feminine ranks. Are women to be jurors or not
- 18:28Speaker 2: to be? That is a question now confronting many state legislators.
- 18:32Speaker 2: If there's one subject which all the women's organizations are
- 18:35Speaker 2: agreed upon, it is probably jury service by women. So
- 18:40Speaker 2: with the women's cities clubs, the women's bar associations, the
- 18:44Speaker 2: Women's Party, and many other feminine regiments camping on their trail,
- 18:48Speaker 2: the lawmakers may as well prepare for a battle royale.
- 18:52Speaker 2: So one picture which is often conjured up is of
- 18:54Speaker 2: a mother being dragged off to jury duty while someone
- 18:59Speaker 2: sings to the grind. Nice little baby, don't get in
- 19:02Speaker 2: a fury. Mama maybe must sit on the jury.
- 19:05Speaker 1: Yeah, so this was a really I recommend reading this
- 19:09Speaker 1: article because this woman was coming for them.
- 19:13Speaker 2: She was mad, I just like she wanted. That's how
- 19:17Speaker 2: I read that. Everything was in sarcasm, dripping with sarcastle.
- 19:22Speaker 1: Oh she was mad, but this was this quote, the
- 19:29Speaker 1: like kind of little rime was something that was essentially mom's.
- 19:35Speaker 1: Women should stay home with their children, and that's why
- 19:40Speaker 1: they shouldn't serve on a jury. A Michigan Circuit judge wrote,
- 19:46Speaker 1: as quoted in this article, the women have brought to
- 19:48Speaker 1: the juries an element of sincerity, honesty, and righteousness which
- 19:53Speaker 1: was not present in the same extent before. I would
- 19:56Speaker 1: no more think of going back to the exclusive men
- 19:58Speaker 1: jury system of the past, then I would of advising
- 20:01Speaker 1: that home out to be managed and run without the
- 20:04Speaker 1: influence of women. The change has been greatly beneficial, and
- 20:08Speaker 1: what is more remarkable is that it has worked no
- 20:11Speaker 1: inconvenience nor harm. The article also includes quotes from judges
- 20:16Speaker 1: citing the eagerness of women to serve compared to men.
- 20:19Speaker 1: They were like, women want to do it, men don't
- 20:21Speaker 1: want to do it. But to be clear, the author
- 20:25Speaker 1: goes on to make the point that black men could
- 20:28Speaker 1: serve but white women couldn't, which we see over and
- 20:32Speaker 1: over again. But that was one of the reasons she
- 20:34Speaker 1: was real mad. A California case in nineteen forty six
- 20:39Speaker 1: led to a Supreme Court ruling that federal juries and
- 20:42Speaker 1: states that allowed women to serve on jury duty must
- 20:45Speaker 1: include them in the jury pool to represent a quote
- 20:49Speaker 1: cross section of the community, but it did not apply
- 20:53Speaker 1: to states where women were not permitted to serve. At
- 20:57Speaker 1: least a few cases were appealed because there were no
- 21:00Speaker 1: women on the jury.
- 21:03Speaker 2: So a justice wrote about this whole situation. The legislature
- 21:06Speaker 2: still has the power to prescribe the qualifications of jurors
- 21:09Speaker 2: and to impose this burden upon men alone, if it
- 21:12Speaker 2: sees fit so to do. It is not contended that
- 21:15Speaker 2: juries composers of men would be less fair to women
- 21:17Speaker 2: defendants than what juries composed of women. Indeed, experience would
- 21:22Speaker 2: lead to a contrary conclusion. The spirit of chivalry and
- 21:26Speaker 2: of deep respect for the rights of the opposite sex
- 21:28Speaker 2: have not yet departed from the heads and hearts of
- 21:30Speaker 2: the men of this country, all men or two nice anyway.
- 21:37Speaker 1: Women got the right to serve on federal juries with
- 21:40Speaker 1: the nineteen fifty seven Civil Rights Acts. All fifty states
- 21:45Speaker 1: didn't passed similar legislation until nineteen seventy three, though also
- 21:50Speaker 1: in nineteen fifty seven is the same year the film
- 21:53Speaker 1: Twelve Angry Men came out all about men on the jury.
- 21:56Speaker 1: That is named that for a reason. It was really
- 22:01Speaker 1: in the nineteen sixties that this issue gained a lot
- 22:04Speaker 1: of traction and attention. At the time, a lot of
- 22:08Speaker 1: the arguments were that women needed to stay home, that
- 22:11Speaker 1: they had too much going on managing the family and
- 22:14Speaker 1: cooking and caring for their kids, and they didn't need
- 22:17Speaker 1: the extra pressure or burden of jury duty. Up until
- 22:21Speaker 1: the nineteen sixties, women in Alabama, South Carolina, and Mississippi
- 22:24Speaker 1: couldn't serve on jurys. Other states had ginger based barriers
- 22:29Speaker 1: to service, like requiring women to register with the clerk
- 22:32Speaker 1: of court if they wanted to serve. Like we said,
- 22:35Speaker 1: in nineteen sixty one, the Supreme Court heard and sustained
- 22:39Speaker 1: the conviction of a woman in Florida tried by an
- 22:42Speaker 1: all male jury. If I'm remembering correctly, it was second
- 22:45Speaker 1: degree murder. At the time, Florida had stipulations around women
- 22:49Speaker 1: serving on jury's. The court found that it did not
- 22:53Speaker 1: violate the fourteenth Amendment and that there was not enough
- 22:56Speaker 1: evidence to prove discrimination, so the appeal was dismissed.
- 23:00Speaker 2: So here's a part of what they wrote about their decision.
- 23:03Speaker 2: Despite the enlightened emancipation of women from the restrictions and
- 23:07Speaker 2: protections of bygone years, and their entry into many parts
- 23:10Speaker 2: of community life formerly considered to be reserved to men,
- 23:14Speaker 2: women is still regarded as the center of home and
- 23:17Speaker 2: family life. We cannot say that it is constitutionally impermissible
- 23:21Speaker 2: for a state, acting in pursuit of the general welfare,
- 23:25Speaker 2: to conclude that a woman should be relieved from the
- 23:27Speaker 2: civic duty of jury service, unless she herself determines that
- 23:32Speaker 2: such service is consistent with her own special.
- 23:34Speaker 1: Responsibilities, special responsibility.
- 23:40Speaker 2: The special responsibilities.
- 23:44Speaker 1: In nineteen sixty eight, Judge George Dittrich said, of six
- 23:48Speaker 1: women serving on the Antelope County jury in Nebraska, quote,
- 23:52Speaker 1: this is a special occasion, since this is the first
- 23:54Speaker 1: time in the history of Antelope County that a jury
- 23:58Speaker 1: has been impaneled consisting about men and women. This is
- 24:01Speaker 1: further evidence of the progress of the day and age
- 24:04Speaker 1: in which we live. This despite the fact that women
- 24:09Speaker 1: obtain the right to serve Jerry duty in Antelope County
- 24:12Speaker 1: in nineteen forty three. So again, just because legally women
- 24:16Speaker 1: or marginalized people could serve, there were obstacles and methods
- 24:21Speaker 1: of keeping them out. But I think that happened on Halloween.
- 24:24Speaker 1: I think that was the one. I got really excited, like,
- 24:26Speaker 1: oh yeah, timing life, it's a horror story.
- 24:31Speaker 2: Yes. Wow.
- 24:43Speaker 1: There were other reasons that were often given for keeping
- 24:47Speaker 1: women out. I'm sure they won't be a surprise, so
- 24:50Speaker 1: let's go through a few of them. They were too
- 24:53Speaker 1: delicate for the details of the cases, especially sex offenses,
- 24:57Speaker 1: which would quote shock the moral sensibility. Here's another quote.
- 25:03Speaker 1: Juries deal with all manner of crimes, from innocuous offenses
- 25:07Speaker 1: to the vilest and most revolting aberrations of the human beast.
- 25:11Speaker 1: Their educations, their habits of mind, their points of view
- 25:15Speaker 1: have not prepared women to deal with such cases.
- 25:19Speaker 2: But oftentimes the victims were women. Okay, okay, okay, sure, sure, sure.
- 25:25Speaker 2: From a nineteen sixty six Mississippi case, courts have quote
- 25:29Speaker 2: a right to exclude women to protect them. In some areas,
- 25:33Speaker 2: they are still upon a pedestal from the filth of
- 25:35Speaker 2: scenity and noxious atmosphere that so often pervades a courtroom
- 25:40Speaker 2: during a jury trial.
- 25:42Speaker 1: Once again, another reason popularly given is that they would
- 25:47Speaker 1: be too sympathetic, that they wouldn't be able to convict.
- 25:51Speaker 1: Multiple judges and lawyers wrote about this at the time
- 25:54Speaker 1: and what they called false sympathy. One attorney argued that
- 25:58Speaker 1: women were too soft. Yeah, here's a quote of Philadelphia
- 26:04Speaker 1: judge writes that he had one woman on a murdered
- 26:07Speaker 1: jury last winter that brought in a verdict of first
- 26:11Speaker 1: degree in the case of another woman. She had deliberately
- 26:15Speaker 1: shot her sweetheart, and the woman juror served notice on
- 26:19Speaker 1: her eleven male companions that the time for such practices
- 26:23Speaker 1: had passed. Well, dang it, lots of one back there
- 26:32Speaker 1: from in eighteen seventy Wisconsin case. Women know quote nothing
- 26:36Speaker 1: of the dangers besetting men sometimes and the conditions under
- 26:39Speaker 1: which men are sometimes compelled to slay in defense of
- 26:42Speaker 1: their own lives. Reading about this, though, I have to say,
- 26:48Speaker 1: I don't really know what to make of it either way.
- 26:51Speaker 1: But I don't think this bared out because a lot
- 26:54Speaker 1: of the examples that were used women did convict and
- 26:58Speaker 1: I don't know if they felt like they had to
- 27:00Speaker 1: right or I don't know what it was, but this
- 27:03Speaker 1: was not panning out. Also another reason, given that they
- 27:08Speaker 1: would support lawlessness if it helped their community, it wouldn't
- 27:13Speaker 1: be a good idea for them to be in close
- 27:16Speaker 1: contact with male jurors, especially for a long time. Interestingly,
- 27:24Speaker 1: men were assumed to be softer on women defendants, which
- 27:28Speaker 1: I'm like, okay, so you're that's okay.
- 27:31Speaker 2: Right, Ill mean, that's what what the earlier quotes were like, Yeah,
- 27:35Speaker 2: they're too nice men, just they still too too gentlemanly
- 27:40Speaker 2: to convict a woman.
- 27:42Speaker 1: What what Yeah, it doesn't match up or isn't it right?
- 27:49Speaker 1: And again this matters for a lot of reasons, but
- 27:53Speaker 1: one of the big ones is there are a lot
- 27:54Speaker 1: of cases of all white jerries vindicating Ku Klux Klan violence,
- 28:00Speaker 1: so like it's important who get selected for these juries.
- 28:09Speaker 1: A lot of lawsuits followed in the ensuing years against exemptions.
- 28:14Speaker 1: For example, one the ACLU filed against an exemption for
- 28:19Speaker 1: any quote housewife with children under fourteen years old, and
- 28:24Speaker 1: I think that was in Georgia. Exemptions for women were
- 28:28Speaker 1: viewed as violating both women's rights and the rights of
- 28:31Speaker 1: the defendant to a fair cross section of the county
- 28:35Speaker 1: guaranteed in the sixth Amendment. And there was some sexism
- 28:40Speaker 1: involved in getting women the right to do jury duty too,
- 28:45Speaker 1: because Yeah, a lot of their arguments involved how women
- 28:48Speaker 1: were more empathetic, better at sensing the truth, more domestics.
- 28:53Speaker 1: So it's like they were using those arguments to get
- 28:56Speaker 1: women on the journey as well.
- 28:58Speaker 2: Right, I mean when you look at the way that
- 29:02Speaker 2: the defending attorney versus the car like the prosecutor, the
- 29:07Speaker 2: way they what they are looking for, it's very much
- 29:09Speaker 2: those two types of arguments, like very split of like,
- 29:12Speaker 2: oh they're not they're gonna be too liberal, or they're
- 29:14Speaker 2: gonna be they're gonna be sympathetics, let's do these things
- 29:16Speaker 2: type of a thing. In that conversation, which also is
- 29:18Speaker 2: why was chef that you were picked?
- 29:20Speaker 1: I'm still like, which one picks me?
- 29:23Speaker 2: I don't, right, I doubt it was the prosecution, to
- 29:25Speaker 2: be honest.
- 29:26Speaker 1: Anyway, moving on, they were they were the ones that
- 29:28Speaker 1: were asking me the question the crime.
- 29:31Speaker 2: Yeah, you do know. That could be a conversation that
- 29:34Speaker 2: we looked to do because like true crime people are
- 29:36Speaker 2: they more likely to have bething sympathetic or like more
- 29:40Speaker 2: likely to convict because they're scared.
- 29:43Speaker 1: She asked me like, are you able, which they asked
- 29:49Speaker 1: something like this in every every juror, but she asked
- 29:52Speaker 1: me something that was different slightly, where she was like,
- 29:55Speaker 1: can you look at evidence? And you're more you're looking
- 29:58Speaker 1: at the evidence and not for the store. Yeah, so
- 30:01Speaker 1: I don't know, I don't know, but the state She
- 30:06Speaker 1: was like, no question, she already had you on a list.
- 30:10Speaker 1: Whichever it may have been feeling.
- 30:12Speaker 2: L No, I'm just those are my own thought process anyway. However,
- 30:19Speaker 2: it wasn't until nineteen seventy five, in the case Taylor
- 30:22Speaker 2: versus Louisiana, that the Supreme Court ruled that excluding women
- 30:25Speaker 2: from jury duty was illegal because it didn't fulfill the
- 30:29Speaker 2: requirements of choosing from a fair accurate representation of the
- 30:34Speaker 2: population guaranteed in constitutional amendments. However, this did not stop
- 30:40Speaker 2: lawyers from preemptively using strikes against women to keep them
- 30:43Speaker 2: off juries.
- 30:45Speaker 1: Obviously, yes, right until nineteen ninety four, when the Supreme
- 30:51Speaker 1: Court once again made a ruling, this time that these
- 30:54Speaker 1: gender based strikes violated equal protections provided by the Fourteenth Amendment,
- 31:00Speaker 1: but still courts were caught doing it anyway, even though
- 31:05Speaker 1: a nineteen eighty six case found that prosecutors could not
- 31:09Speaker 1: use race in preemptive strikes against a potential juror. In
- 31:14Speaker 1: the early nineteen nineties, Alabama courts were exposed for striking
- 31:17Speaker 1: black women specifically from jury selection, and some of the
- 31:22Speaker 1: official reasoning was literally quote because she's a woman. And
- 31:27Speaker 1: of course, again, the race has been and continues to
- 31:31Speaker 1: be a huge issue when it comes to jury selection,
- 31:33Speaker 1: but also systemic racism in our justice systems and society.
- 31:39Speaker 1: Supreme Court Justice Ruth Bader Ginsberg spoke about the importance
- 31:44Speaker 1: of having women serving on jury duty in one of
- 31:48Speaker 1: her last appearances as a lawyer for the ACLU. She
- 31:52Speaker 1: argued that it marked women and their contributions as lesser
- 31:56Speaker 1: and that without women, they were quote diluting the quality
- 31:59Speaker 1: of community judgment a criminal jury trial provides.
- 32:03Speaker 2: From the Michigan Journal of Gender and Law, They say
- 32:06Speaker 2: divergent life experiences may also create reliable gender differences. In
- 32:10Speaker 2: response to criminal jury trials, in the United States, women
- 32:14Speaker 2: experience higher rates of sexual assault, which may influence their
- 32:18Speaker 2: perceptions of the evidence in sexual assault cases and their
- 32:21Speaker 2: predisposition to empathize with victims of such assaults. Likewise, the
- 32:25Speaker 2: experiences of pregnancy and childbirth, as well as the expectation
- 32:29Speaker 2: that women take primary responsibility for childcare, may lead women
- 32:32Speaker 2: to consider that children are in their domain of control
- 32:35Speaker 2: and to uphold values of concern and care for children.
- 32:39Speaker 1: Yes, and as I'm looking at the time, as we
- 32:41Speaker 1: record this, I think I'll talk about my experience on
- 32:44Speaker 1: a Monday, Mini, But I will tell you that whole
- 32:49Speaker 1: idea of like prove beyond a reasonable doubt. The reasonable
- 32:53Speaker 1: doubt that does depend on your experience, and there were
- 32:58Speaker 1: some different people had different viewpoints on the reasonable doubt,
- 33:04Speaker 1: So I think this is really important. The quote goes on.
- 33:08Speaker 1: The evidence bears this out. In sexual assault cases, the
- 33:11Speaker 1: gender of jurors has routinely been associated with case relevant judgments.
- 33:16Speaker 1: It is linked to the likelihood of jurors blaming sexual
- 33:19Speaker 1: assault victims and believing damaging rapness, which in turn influence
- 33:23Speaker 1: final verdicts and proposed sentences. Women are significantly less likely
- 33:28Speaker 1: than men to believe rapness. Rapnists may include statements or
- 33:33Speaker 1: beliefs such as, she asked for it, it was not
- 33:35Speaker 1: really rape, he did not mean to, she wanted it
- 33:39Speaker 1: the rape, she lied about the rape, and the rape
- 33:42Speaker 1: is a trivial event. In the context of rape perpetrated
- 33:45Speaker 1: against a woman by a man, these myths can serve
- 33:48Speaker 1: to undermine the gravity of the sexual assault, minimize the
- 33:51Speaker 1: male rapist personal responsibility, and discredit and blame the female victim. Relatedly,
- 33:58Speaker 1: women serving as mo jurors have been found to empathize
- 34:02Speaker 1: more with sexual assault victims than men do, providing higher
- 34:05Speaker 1: ratings for victims credibility, believability, and truthfulness. Experimental research shows
- 34:11Speaker 1: that women jurers are more strongly and frequently able to
- 34:14Speaker 1: take the perspective of believe and empathize with a sexual
- 34:18Speaker 1: assault victim than their male counterparts, and some studies have
- 34:24Speaker 1: indicated that having women on the jury in sexual assault
- 34:27Speaker 1: cases leads to increased conviction. And I think we see
- 34:34Speaker 1: this in famous cases today. I'm sure plenty of examples
- 34:40Speaker 1: that you can come up with off the top of
- 34:43Speaker 1: your head where you have been like, oh no, I
- 34:46Speaker 1: just I didn't believe her, and I have to say,
- 34:50Speaker 1: I was outside of another courtroom. I don't know what
- 34:53Speaker 1: the case was about, but they were all saying she
- 34:58Speaker 1: was too dismissive and she like she. I didn't believe
- 35:01Speaker 1: that she. I didn't believe her. I don't trust her,
- 35:05Speaker 1: like all of these things that we hear over and over.
- 35:08Speaker 1: If you're listening to this and you're thinking, well, yes,
- 35:11Speaker 1: it is a huge inconvenience for people who are full
- 35:14Speaker 1: time caregivers for children to do jury duty, yes it is, yeah,
- 35:20Speaker 1: But the distinction was that it was women specifically that
- 35:25Speaker 1: were designated as doing the child care caregiving. Now, the
- 35:31Speaker 1: general consensus is that women has been traded for person
- 35:36Speaker 1: who is the primary caregiver to a child six years
- 35:39Speaker 1: or younger, which people around me when they were being
- 35:43Speaker 1: interviewed did use to say, I can't do jerry duty quote.
- 35:50Speaker 1: In criminal cases, research confirms that a jurors gender is
- 35:53Speaker 1: associated with different views of defendant culpability and victim blameworthiness
- 35:58Speaker 1: in sexual assault and child sexual abuse trials, resulting in
- 36:02Speaker 1: distinct judgments in those cases. This distinction also emerges in
- 36:07Speaker 1: capital cases. Women as a group are significantly less likely
- 36:11Speaker 1: than men as a group to support the death penalty,
- 36:13Speaker 1: which I have to say, before this started, I was
- 36:17Speaker 1: told the death penalty is not on the table.
- 36:22Speaker 2: But they did they do a plea deal. Well, they
- 36:25Speaker 2: could have do a plea deal like that interesting just
- 36:28Speaker 2: the level of.
- 36:29Speaker 1: Crime, because I think they had a question on there
- 36:32Speaker 1: that was they had a bunch of things that were like,
- 36:34Speaker 1: I'm just opposed to this, like in general, and one
- 36:38Speaker 1: of them was like, are you opposed to the death penalty?
- 36:40Speaker 1: So I think they're saying like, it's not you can't
- 36:44Speaker 1: get out of it that way.
- 36:47Speaker 2: Or or did they tell them people who were like
- 36:48Speaker 2: I love the death penalty, like, calm down, this is
- 36:51Speaker 2: not an option. Don't get too excited.
- 36:53Speaker 1: I think it's There were a bunch of things where
- 36:55Speaker 1: I was like, I think there are two signs of
- 36:56Speaker 1: his coins and one of them in here. It was
- 36:59Speaker 1: a there was a lot of questions about people and
- 37:03Speaker 1: their thoughts about guns, but they picked a lot of
- 37:07Speaker 1: people who were very pro gun. I'm sure, yes, yes,
- 37:12Speaker 1: I will talk about it. I'll wait for my mundane,
- 37:15Speaker 1: but I will talk about it. I will say, like
- 37:27Speaker 1: when I was looking at you know, present day issues
- 37:32Speaker 1: other than are just justice system. But one thing I
- 37:37Speaker 1: found when it came to present day issues with women.
- 37:42Speaker 1: I mean every article was like, what should you wear
- 37:46Speaker 1: as a woman to Jerry duty? Really what is appropriate
- 37:50Speaker 1: to wear? And I was like, wow, there are dudes
- 37:53Speaker 1: in shorts and hats.
- 37:55Speaker 2: I've seen many men in their like literal house farm
- 38:00Speaker 2: outfits and a hat and they're working boots, which is fine,
- 38:03Speaker 2: there's nothing wrong with that. But I'm like, why are
- 38:05Speaker 2: you telling women to dress up? Yes, men don't like
- 38:08Speaker 2: feel the need to do that either. A lot of
- 38:11Speaker 2: them wear caps, and I don't think that's allowed. Like
- 38:13Speaker 2: I legitimately, in a court room they tell you cannot
- 38:16Speaker 2: have hats.
- 38:16Speaker 1: Yes, I will say they took an off for the
- 38:19Speaker 1: court room, but there were many hats. I had to
- 38:22Speaker 1: get out my old clothes. I had to find some clothes. Man,
- 38:25Speaker 1: I had to put on some real clothes. I had
- 38:29Speaker 1: to look presentable. It's the whole thing. But also I
- 38:34Speaker 1: just get fancy.
- 38:35Speaker 2: So when I worked in court for our trials, I
- 38:37Speaker 2: can't have to be all decked out like we would
- 38:40Speaker 2: get all that. And that was for a little while.
- 38:42Speaker 2: We were totally couldn't wear pants and we had to
- 38:45Speaker 2: wear any hose. Yeah, like that was recently all the
- 38:49Speaker 2: last ten years because I worked a lot into juvenile court.
- 38:52Speaker 2: This is a juvenile car court, not even supreme court,
- 38:55Speaker 2: not even like the level of felony courts. It's weird
- 39:00Speaker 2: of what they expected like that was not necessarily court
- 39:02Speaker 2: because court people, because there was different types of workers.
- 39:04Speaker 2: Court workers sometimes just gave no craps that were like, nah,
- 39:09Speaker 2: I'm in here every day, you can't make me work?
- 39:12Speaker 1: Yeah, fair enough, Well I would love Well, we'll talk
- 39:16Speaker 1: about this and our upcoming.
- 39:20Speaker 2: I love that word teasing this.
- 39:22Speaker 1: Yeah, please listen to it because I got a lot
- 39:24Speaker 1: to say. But one of the things that there were
- 39:29Speaker 1: I was nervous for a lot of reasons. But I
- 39:32Speaker 1: was really really nervous because there were I want to say,
- 39:37Speaker 1: four or five dudes that were just like I just
- 39:43Speaker 1: felt like they were gonna yell at me if I
- 39:45Speaker 1: disagreed with them. But I was very I was so concerned.
- 39:49Speaker 1: I was like, this is a responsibility, and I have
- 39:51Speaker 1: all these worries and all of this. It worked out fine, good,
- 39:55Speaker 1: but but there were a couple of comments that I
- 39:57Speaker 1: was like, we would not get along. But one of them,
- 40:01Speaker 1: I think he was trying to make white of the mood,
- 40:04Speaker 1: because again it was a murder trial. He said, one
- 40:09Speaker 1: of the I learned so much. They brought in like
- 40:13Speaker 1: a forensic expert and a cell phone data expert and
- 40:17Speaker 1: all this stuff, but they bought in a medical examiner.
- 40:21Speaker 1: And he was like, she was so hot, she was smoking,
- 40:25Speaker 1: and I was like, oh my god, she was talking
- 40:28Speaker 1: about like a dead body man.
- 40:31Speaker 2: And all he was thinking was yeah, girl, I hit that.
- 40:36Speaker 1: It's like, wow, okay.
- 40:41Speaker 2: I need to know people how people reacted though to that,
- 40:45Speaker 2: Like then people were like.
- 40:45Speaker 1: Yeah, it was it was an awkward like let's move
- 40:49Speaker 1: on quickly.
- 40:51Speaker 2: I hope you learned a lesson. I hope you learned
- 40:53Speaker 2: a lesson, dude.
- 40:54Speaker 1: Well then he was trying to be like she had
- 40:57Speaker 1: a rash, she was nervous, and people were like, she
- 40:59Speaker 1: probably would.
- 41:02Speaker 2: Like it is one of even with like a case
- 41:06Speaker 2: with barely anybody in the courtroom to testify, is unnerving
- 41:11Speaker 2: and even if you are especially because you never know.
- 41:14Speaker 2: Some course allow you to have documentations so you can
- 41:17Speaker 2: read it off. Some will not, some will take it
- 41:20Speaker 2: from you and use it as evidence, Like you have
- 41:23Speaker 2: so many stipulations that you don't understand, and different courtrooms
- 41:26Speaker 2: do different things. Like I remember having to go into
- 41:28Speaker 2: different courtrooms because I would work for the entire state
- 41:31Speaker 2: and I have to go testify or something, and I'd
- 41:33Speaker 2: be like, hey, what does what do they do? They're like, yeah,
- 41:35Speaker 2: you can't. You can have notes, but that's it. Don't
- 41:38Speaker 2: take anything that can be submitted to court because they
- 41:39Speaker 2: will take it. And I was like, oh, okay, let
- 41:42Speaker 2: me know because like they and it's to memorize and
- 41:45Speaker 2: to know you have to do this and that there
- 41:48Speaker 2: is a chance that if you get it wrong, they're
- 41:50Speaker 2: gonna say you're persuring and we'll get arrested.
- 41:55Speaker 1: I would be terrified. I would have been terrified. And
- 41:58Speaker 1: it was like there were so many things that I
- 42:02Speaker 1: think people see on TV and they were trying to
- 42:05Speaker 1: use it. It's like, see she's something's off and I'm like, no,
- 42:08Speaker 1: she's nervous. They're just nervous. She's just nervous.
- 42:12Speaker 2: Okay, Unludy, you were there to be the voice of reasons, like,
- 42:16Speaker 2: this is not a drama.
- 42:18Speaker 1: They're not actors.
- 42:19Speaker 2: This is what happens, what would behoove her why? But
- 42:26Speaker 2: but the thing about this is is that whoever the
- 42:31Speaker 2: witnesses for the person who's coming to do like the
- 42:33Speaker 2: cross examination. They will use that and say that I
- 42:36Speaker 2: think this is why because it does work. I have
- 42:39Speaker 2: had that where they come at me once again and
- 42:42Speaker 2: they'd be like, you said this earlier, and it was
- 42:44Speaker 2: ten o'clock at one point, now it's at ten thirty.
- 42:46Speaker 2: What is it? Are you lying to us? And I'm like,
- 42:48Speaker 2: oh my god, I said around, I don't know. And
- 42:52Speaker 2: then they will ask you that same question repeatedly, like
- 42:54Speaker 2: this is true that this has happened, where they will
- 42:56Speaker 2: ask you the same question repeatedly, thinking that they can
- 43:00Speaker 2: trip you up. Yeah, and then that can get a
- 43:03Speaker 2: little bit of doubt and that's enough.
- 43:05Speaker 1: Yeah. Yeah, Oh my gosh, I can't wait to talk
- 43:08Speaker 1: about this.
- 43:08Speaker 2: I can't wait about it either. I want you to
- 43:10Speaker 2: talk about this.
- 43:11Speaker 1: This had been this case had been tried before, and
- 43:14Speaker 1: the previous jury was a hung jury. Oh and it
- 43:16Speaker 1: was the complete opposite of what we did, which shows
- 43:20Speaker 1: you like what the lawyers took and they were like
- 43:23Speaker 1: adaptor yum. But one of the things is like the
- 43:28Speaker 1: things they say at the top, their opening statements and
- 43:31Speaker 1: closing arguments are not true. They don't have to be
- 43:33Speaker 1: true but people take it as must be true. They're
- 43:37Speaker 1: saying it with authority. Yeah, nope.
- 43:40Speaker 2: If they do it with a love, enough drama and
- 43:43Speaker 2: enough conviction and they don't have to say that, they
- 43:46Speaker 2: will be like, but imagine if you did this and
- 43:50Speaker 2: this was you, would you like they do? They like that,
- 43:52Speaker 2: they mess with you real hard.
- 43:54Speaker 1: Yeah, but that's when, like I said earlier, the judge
- 43:57Speaker 1: was like, it's up to the jury. I hope you
- 43:58Speaker 1: took notes up, I ohn, No, I did take a
- 44:02Speaker 1: lot of notes.
- 44:03Speaker 2: Sorry, I got him. Are you the foreman? No?
- 44:07Speaker 1: The foreman actually was really cool. I didn't think i'd
- 44:11Speaker 1: like him. I've yeah, I'll talk about it. But he
- 44:13Speaker 1: looks like our friend Ramsey. He looked exactly like, oh,
- 44:16Speaker 1: throw the game off. Every time I saw him, I
- 44:19Speaker 1: was like, and he said he gets that all the time,
- 44:21Speaker 1: that he looks like somebody.
- 44:23Speaker 2: Somebody that's funny.
- 44:25Speaker 1: Yes, anyway, okay there. It was another thing I saw
- 44:30Speaker 1: when I was researching, like current women on jury duty issues,
- 44:35Speaker 1: what title does she answer to? What title does she use?
- 44:38Speaker 1: Which I think is just like, let's retire that whole
- 44:41Speaker 1: thing conversation. Here's a quote. Anne Eisenberg studied thirty five
- 44:48Speaker 1: South Carolina death penalty trials and found that the defense
- 44:51Speaker 1: used forty of its strikes on women and fifty nine
- 44:55Speaker 1: of its strikes on men, whereas the prosecution used fifty
- 44:59Speaker 1: nine of its women and forty one of it strikes
- 45:03Speaker 1: on men, a statistically significant difference. A follow up study
- 45:07Speaker 1: with more detailed information about the race and gender of
- 45:11Speaker 1: the prospective jures likewise confirmed these gendered patterns and prosecutors
- 45:16Speaker 1: and defense attorneys preemptory challenges. So yeah, that is still ongoing.
- 45:22Speaker 1: I will say I also saw things. I won't say
- 45:27Speaker 1: I'm ashamed, but I will admit I felt it. That
- 45:30Speaker 1: was about like how to stand up against angry men
- 45:33Speaker 1: if you disagree with them in this setting, and it
- 45:37Speaker 1: got heated. This got heated, really. Yes, we deliberated for
- 45:44Speaker 1: seven hours and there were raised voices.
- 45:48Speaker 2: They were able to give evidence and witness within like
- 45:50Speaker 2: three days. Yeah, that's quick. That's a lot quicker than
- 45:53Speaker 2: I thought they would have.
- 45:54Speaker 1: It kind of had one main piece of evidence and
- 45:56Speaker 1: then no no real witnesses other than they brought in
- 46:01Speaker 1: the state had to bring in the experts to enter
- 46:03Speaker 1: into evidence. That this happened in Fulton County oh okay,
- 46:08Speaker 1: but I'll go all into it. Please check out my
- 46:13Speaker 1: upcoming Monday mini. But yeah, pretty much. They did the
- 46:17Speaker 1: evidence fairly quickly. It was like two days. It was
- 46:24Speaker 1: two and a half. It was one and a half days,
- 46:26Speaker 1: and then we deliberated for one and a half day,
- 46:29Speaker 1: maybe more than that, but it got heated. It was well.
- 46:34Speaker 1: I was really glad though, because it was mostly women
- 46:38Speaker 1: that were really like, I strongly believe this, and it
- 46:43Speaker 1: was women from all different backgrounds, and so I was
- 46:48Speaker 1: really glad to have that because honestly, I thought I
- 46:50Speaker 1: was gonna have to be the only one that's like,
- 46:53Speaker 1: because people joke about Jerry duty, you know, they don't
- 46:55Speaker 1: want to have it. They just want to get done.
- 46:57Speaker 1: It's a big inconvenience, which it is. Yeah, get paid
- 47:00Speaker 1: twenty five dollars a day, right, But I was worried
- 47:03Speaker 1: that I was gonna be the only one that's like, no,
- 47:06Speaker 1: I'm not gonna I'm not willing to just say right
- 47:09Speaker 1: whatever to get out to give a verdict.
- 47:12Speaker 2: I want. It's not gonna go with the majority just
- 47:14Speaker 2: to get this up away.
- 47:15Speaker 1: Yes, what you were not allowed to do, but I'm
- 47:17Speaker 1: certain people do it. And in fact, we got roll
- 47:20Speaker 1: called at the end where you have to say, hey, no,
- 47:23Speaker 1: I did.
- 47:23Speaker 2: But they did a polling.
- 47:24Speaker 1: Yeah, they did a polling where the prosecution asked like,
- 47:29Speaker 1: did you come to this conclusion? Do you agree with
- 47:31Speaker 1: this conclusion? Like, there's no doubt we all had to
- 47:36Speaker 1: do it. So I'm really glad there were people that
- 47:39Speaker 1: were very like, no, let's talk this out, and honestly
- 47:43Speaker 1: everybody was, but I'm glad that they were, Like they
- 47:45Speaker 1: were like two or three there were like three or
- 47:48Speaker 1: four women I will say that were really and we
- 47:51Speaker 1: had them on opposite sides. It was good. Yeah, yeah, yeah,
- 47:56Speaker 1: But okay, So there are obviously still a lot of
- 48:00Speaker 1: issues with Jerry Duty. One of the big things I
- 48:04Speaker 1: ran into are courts grappling with non binary, trans and
- 48:08Speaker 1: gender non conforming folks. How does that look? And then obviously,
- 48:13Speaker 1: as we've been saying throughout, racism just in the system.
- 48:19Speaker 1: But I do think this experience for me was really enlightening,
- 48:25Speaker 1: and I personally had a really good experience with my
- 48:30Speaker 1: fellow jurors where we did that's good. We did talk
- 48:33Speaker 1: it out, even though it was really traumatic, but we
- 48:38Speaker 1: did talk it out, and I do uh well, I
- 48:43Speaker 1: feel like it was a really harsh punishment and I'm
- 48:46Speaker 1: not sure how I feel about that, but I'll talk
- 48:48Speaker 1: about that my Monday minie. So yeah, I mean, I
- 48:50Speaker 1: guess next time, you know, if you get jerry duty
- 48:53Speaker 1: or you get summoned, think about this another the fight
- 48:56Speaker 1: people have had to get on jury's. It doesn't mean
- 49:01Speaker 1: there are not issues, because there are. And I believe
- 49:04Speaker 1: our other podcast stuff you should know and stuff you
- 49:07Speaker 1: missed in his new class. I've done episodes about some
- 49:11Speaker 1: of those issues. So I'm not saying those don't exist,
- 49:15Speaker 1: because they do. But people did fight for this right,
- 49:19Speaker 1: and it is important to have a diverse jury because
- 49:22Speaker 1: I'm telling you one guy he was like, well dudes,
- 49:26Speaker 1: just do that, and all the women were like, that's
- 49:28Speaker 1: not a defense.
- 49:31Speaker 2: He actually said that out loud.
- 49:32Speaker 1: He said it out loud. So it is important to
- 49:36Speaker 1: have those different all those perspectives, and especially for more
- 49:41Speaker 1: marginalized compunities to have those perspectives. But anyway, look forward
- 49:47Speaker 1: to our Monday minywhere Smith and I will talk about
- 49:50Speaker 1: our experiences. But in the meantime, if you have ever
- 49:55Speaker 1: served on jury judy, or if you have any experiences
- 49:59Speaker 1: working in this kind of setting. Please let us know.
- 50:02Speaker 1: You can email us stuff and you mom Stuff at
- 50:04Speaker 1: iHeartMedia dot com. You can find us on Twitter at
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- 50:09Speaker 1: I've Never Told us You. We have a tea pup
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- 50:12Speaker 1: wherever you get in your books. Thanks as always to
- 50:15Speaker 1: our super producer Christina or executive producer and our contributed
- 50:18Speaker 1: to Joey. Thank you and thanks to you for listening.
- 50:20Speaker 1: Stuff I Never Told You is production of iHeart Radio.
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