Thursday, May 14, 2015

California Court Jury Duty System Is A Threat To Personal Freedom (Op-Ed)


CALIFORNIA COURT JURY DUTY SYSTEM IS A THREAT TO PERSONAL FREEDOM

If you were minding your own business, going about your life, and someone sent you a threatening letter in the mail -- someone you didn't know and have never met -- detailing imprisonment and/or demanding money if you did not go somewhere (never asking if you wanted to go, were available to go, or if it would be convenient for you to go) and then outlined a procedure of you doing things that were against your moral or ethical or philosophical beliefs once you got to this place, would that be considered a heinous crime to you?  Or would you consider going quietly?

What if you found out the crass entity who wrote the threatening letter learned of your name and address due to a breach of privacy from someone you did business with on unrelated matters, someone trusted who tricked you into signing a written contract with tiny-print clauses that gave full permission on your part to these intrusive, emotionally-upsetting behaviors?  Would that make the violations to you worse in your estimation?

To add insult to injury, what if the letter further insists, in no uncertain terms, that as an American citizen, you should willingly obey this summoning without question as a "duty" and if you "commit perjury" -- lie -- to get out of it (no matter the subsequent hardships involved by going), that "offense" also will be "punished" as though you've been sworn to fulfill an obligation and have violated an oath in a court of law (which you obviously have not done)?

AND, it goes on... If you do NOT respond to the letter in the manner described in a chain of specific details, your name and address will be given to the local police in a "failure to appear" warrant, which can be used at any time, day or night, for up to seven years, as "justifiable cause" to take you from your home, place of business, or from the streets, and detain you until presented to a judge for punishment (the aforementioned jail time or financial citations) -- the very person, at the very place, you didn't want to go and see in the first place.

There is no indication in the letter as to what happens if the letter fails to get to you through no fault of your own. Even if you are completely unaware of the letter's existence, never lay eyes on it, you are still held both responsible and liable.

Almost anyone with any kind of awareness of civil liberties would recognize immediately your rights -- layers of rights -- had been grievously violated, outrageous crimes had been committed against you. You are left feeling justifiably victimized, betrayed, confused, hurt, angry, depressed and panicked.  This is not right.  This happens every day.  This happened to me and I am NOT happy about it.

When you go to the California Department of Motor vehicles to do business of any kind, your personal and private information is given to the local county court system to be included into the potential jury duty pool without your expressed knowledge, without explanation.  The systematic release of your information happens because in the fine print of DMV paperwork such as car registration or renewing a driver's license is a clause allowing them to do as they please with the information gathered, information you gave them yourself. 

County governments figured out people do not register to vote as readily they had in the past, the very source of where juror information was historically gathered from, thereby currently limiting the group of potential jury members.  This covert system was put into place outside voters right to accept or reject the practice.  The government just put the system in place, like it or not -- which I do NOT.  There is no place or position designed to address criticism or correct problems associated with the entire process.

Other governmental agencies are barred from this and similar practices, yet, banks are required to notify the IRS whenever someone makes a deposit of over $5,000 dollars (in a supposed attempt from the government to curtail drug money laundering, which only harasses legit business owners such as building contractors who deal in large amounts of cash for materials, which is not "taxable income" but, rather, a service in which the separate labor profit is later taxable, resulting in contractors feeling as though they are incriminating themselves in some way, treated as potential criminals, and having to ask clients to write checks directly to building suppliers or write multiple checks for under the limit line, which is messy and wholly unnecessary).

After visiting the DMV, you receive a nasty legally-binding court document in the mail demanding you call a phone number with an automated response on specific dates to see if you have to somehow get yourself to a court house -- that day.  They assume you have gotten the letter, read the letter, understand the letter and have a working telephone available.  They assume you will be able to comprehend a lengthy series of instructions and directions, and are willing and capable of complying.  You are threatened jail time and/or fines and/or legal fees if you don't follow instructions. They are kind enough to tell you how to find information elsewhere (on-line on a computer web address) to bus routes (my nearest bus stop is over two miles away and typically over 100 degrees in Palm Springs).  They kindly inform you that you will get a whole seven dollars a day for your efforts -- which could be months on end, if you end up on a murder case.  They assume you are wealthy enough to take time away from work.  They threaten your place of employment if your boss doesn't let you go.  Who does that leave as jurors?

There are boxes in the letter to check for excuses to be released from your duties, excuses which are overly-specific and leave little wiggle room, and, further, the only way to find out if the "excuse" was "granted" after returning there original letter and not hearing if they received it in this looped-letter-sending is to call on the given date provided in the letter, so if turned down, it's too late. The lag time between calling at 7 am to be in court by 9 am is impossible to rectify when taking a bus in the Coachella Valley area.  This means you get up early, get dressed and be prepared, not knowing if you can work that day or not, will be able to eat when you need to, only to find out you have been "excused".

In the Coachella Valley, the courthouse is in the city of Indio, located at the South-East end of the valley, meaning most people who live there will travel at least forty-five minutes to go to the court for any reason. In San Diego county, the courthouse is downtown, where parking, the complex buildings layout, the homeless, and no immediate freeway access make the experience a nightmare of confusion. There was a time when you could simply said you couldn't afford it, sent the letter back, and that was all there was to it -- no threats.

Recently, tele-scammers have been calling unsuspecting citizens at all hours of the day and night, posing as IRS agents, with the message the caller has contacted the police, who are at that moment on their way, as the citizen has failed to pay their full amount of taxes.  The scammers have gotten over five million dollars because people have been brow-beaten by government agencies to the point they are too scared to question authority.  We do what we are told, as we are told, and this is NOT good. The broken jury duty system is a prime example of how little the government thinks of the very people who pay their salaries, the people they were sworn to serve. The present court system assumes we're all wealthy to the same degree, we're all liars, we all respond to the same fears, and we all have to do as they say because they say so.

The fact is, the court is my employee, all our servants -- as are police officers, Congress, and the President -- and, if I were in charge, someone would be fired.

Secondly, no one would EVER want me as their juror.  I know NOTHING about law, about criminology, about court procedure, nor do I care.  I am no one's peer on any damned level. How could I presume someone's guilt or innocence when my own is still in question?

Pulling jurors from the general population defies logic, especially when systematically rejecting them after going through all that hassle to get them there in the first place.  Not only is it a stupid thing to do, it's down-right rude. This might be the greatest country in the world, with the best system there has ever been.  That doesn't mean there isn't room for improvement and anyone who would quibble over that isn't interested in true American justice.

Here's The Solution

According to statistics, the population of America is currently about 350 million people. Not every single adult is capable or willing to be on a jury for a cascades of reason but whatever the reason is, it's irrelevant.  If a person can't or won't be on a jury, then not being on the jury is the best solution for everyone involved.  A person who is accused of a crime is assumed innocent until guilt is proven.  Let's give potential jurors who are forced to participate against their will the same benefit of the doubt with respect and dignity and give them the freedom the system is supposed to defend and leave them be. Let's change the approach.

Let's ask for volunteers from a pool of elderly who have the time, people who have experience and wisdom in which to judge another person's life.  Let's turn the position into a legitimate, paying, professional job with a title.  Let's pay a decent wage, educate through training, thus giving opportunities to the Homeless and unemployed.

Asking is not demanding.  Let's change the Gestapo, Big Brother tactics immediately.  Had the letter I received said, "... a fellow American overwhelmingly needs you to help to make sure they get a fair shake through your much-appreciated participation...", I would be first in line. 

Let's have a box that can be checked at the DMV which asks you whether you'd like your information shared or not, giving your expressed, informed consent.  Let's be treated as adults whose privacy is paramount.

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