Jurors and the Lindsay Clancy Trial

I’ve seen more discussion this past week in the public about jurors and their behavior and what they say/act then I ever have before. To give context I’ve been a trial lawyer for ten years on both sides of criminal law.

For people who don’t regularly try cases it may come as a shock, but jurors are stupid. They often ignore the law, ignore what the lawyers or observers see as common sense. They frequently misunderstand and misinterpret the law and the judges instructions.

Here is a perfect example of how infuriating it can be. I defended a client for a charge of burglary. Jury deliberated two and a half days before coming back guilty. I go to poll the jury and three of them tell me they didn’t think the prosecution had enough evidence to convict. They just got bullied into it.

I went to a trial school where they take high school students to be your jurors for the trial and set up cameras and microphones to record their deliberations. What they talked about and focused on would horrify you, and it’s not too far removed from what actually happens in jury deliberations.

People think a jury of their peers means a degree of reasonability and justice. No, it’s often a crap shoot and many times filled with really dumb people.