BBC’s “The Jury” (2002): What do jury consultants think of fictional juries?

This weekend I rented and watched a Netflix DVD, The Jury” (2002). To my astonishment, I found the depiction of the jury experience in this series to be right on target.

Although the series depicts a British jury (filmed in the Old Bailey), American lawyers, judges, jury consultants, and prospective jurors could learn a lot by watching this series.

I can’t say enough in praise of this series. It’s the most-realistic depiction of the jury experience I’ve found in three years of searching (since my own jury duty).  Screenplay writer Peter Morgan must either have been a juror himself or have interviewed many people who were.

Where to begin . . . .

Why would anyone want to serve on a jury? “The Jury” suggests a wide range of reasons a citizen would actually be willing to perform this utterly thankless job. For some, it’s a rare opportunity to make a contribution. For some, it’s a way to kill time. For some, it’s because they believe in freedom, justice, and the jury system.

Do jurors honor the judge’s instructions not to discuss the case with anyone until deliberations begin? Yes, most do, even when subjected to great pressure from people outside the courthouse.

Do outsiders try to interfere with the jurors? Yes. Do jurors always report what’s said or done to them outside the courthouse? Probably not. Why? Because they don’t want to be kicked off a jury. Most people who raise their right hands and swear to do their duty feel confident they can be objective in their assessment of the facts and can bring common sense and compassion to the situation. In other words, jurors take their responsibility very seriously. They trust themselves to do the right thing. They are willing to “take their hits” and persevere to the end.

How do jurors choose a foreperson? Someone usually volunteers, and that someone is often the least appropriate person to serve in that function.

Do jurors understand what it means that the prosecution has the “burden of proof”? Yes.

Do jurors believe everything they hear from witnesses on the stand? No.

Can jurors understand and evaluate complex, technical, or scientific evidence? Yes. Do they believe everything the forensic experts tell them? No. Does the much-discussed-in-the-media “CSI effect” really exist? Do jurors expect “CSI” proof of guilt? Probably not: jurors rely on their common sense, first and foremost.

Do jurors sometimes cave in to peer pressure? Yes. Always? No.

My verdict concerning “The Jury” is that the series depicts the stresses of jury duty better than any fictional depiction I’ve found. The classic “Twelve Angry Men” is a rather intellectual analysis of the concept of “reasonable doubt,” made interesting primarily by Henry Fonda’s performance. None of the few novels I’ve come across in which jurors are central characters seem at all realistic to me. “The Jury” shows what a gut-wrenching, life-changing experience jury duty can be.

For those of you who have served on a jury and know what I’m talking about, I suggest you watch BBC’s “The Jury.” It’s always reassuring to know, “you are not alone.”

 
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