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Andrew
Guthrie Ferguson, Why Jury Duty Matters:
A Citizen’s Guide to Constitutional Action
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Google “jury duty” and you will quickly find websites
dedicated to teaching you ways to avoid it.
Many websites compare jury duty to getting a cavity filled at the
dentist, having to wait in the never-ending line at the Department of Motor Vehicles,
or even wrestling an alligator. In Why Jury Duty Matters, author Andrew Guthrie
Ferguson provides an inspiring and educational analysis of the importance of
serving as a juror in the United States court system, ultimately reminding us
of our civic duty in the context of our constitutional history.
Ferguson, a law professor at the David A. Clarke School of
Law at the University of the District of Columbia, begins his book with a story
from his former career as a public defender.
He uses this story – one of his own clients waiting anxiously on a
courtroom bench for the decision of twelve of his peers – to personalize the
concepts he discusses and to provide a face to a process that may seem
unfamiliar to many Americans.
Throughout his book, Ferguson reminds his readers why jury
duty is so important to our understanding of American citizenship. In the first chapter, “An Invitation to
Participation,” Ferguson identifies an important question that any American
being called to jury duty would be compelled to ask: “Why would you be asked to
participate in something you have never been taught to do?”[1] Ferguson recognizes that most people are not
judges or lawyers, and most people have little expertise when it comes to
constitutional concepts. While Ferguson
dedicates his book to answering this question, he first points to the Preamble
to the United States Constitution: “We the People of the United States...do
ordain and establish this Constitution for the United States of America.”[2]
While Ferguson turns specifically to the language of the
U.S. Constitution to demonstrate the importance of civic participation,
Ferguson makes a quick transition to address, in more practical terms, why jury
duty is something that should matter to each and every American. Ferguson refers to American citizens as “the
source of constitutional power” and he points out that jury duty is one of the
many ways American citizens participate in government. Ferguson praises the drafters of the
Constitution for establishing jury participation and explains that requiring
citizens to participate in the judiciary is the best way to guard against overreach
by a central government. Ferguson
believes that jury duty allows the people to have a presence in the judiciary
and provides them with important skills required for a thriving
self-government.[3] Ferguson writes:
Jury
duty elevates regular people to the task of contributing to the
government. After all, we wouldn’t want
professional pundits or experts as the only people who could vote in political
elections. ‘We the People’ need to be able to maintain the skills necessary to
be active citizens.[4]
Instead of experts, a group of twelve regular people are
given the power to decide the fates of their fellow Americans on trial. Ferguson notes that each of these non-experts
hears the same facts and the same arguments; it is on this equal footing that
they then must make their decisions.
Throughout his book, Ferguson emphasizes the notion that
jury duty is a responsibility that unites American citizens. Serving as a juror allows a person to meet
eleven fellow jurors that he might otherwise be unlikely to meet. In addition, jury duty provides the
opportunity for people to be introduced to a variety of new ideas and
experiences. Ferguson explains that this
collection of diverse perspectives allows jurors to learn about topics that
they may never have encountered in their lifetimes, while at the same time,
promoting equality and fairness at trial.
The chapter entitled, “Selecting Fairness” includes
practical aspects of what a juror might expect when arriving to the
courthouse. The chapter begins with a lesson
on “voir dire” – the process in which fair and impartial jurors are selected – and
progresses into a discussion on fairness.
While Ferguson admits to having rejected people for wearing obnoxious ties
during voir dire, he explains that this process is not simply one of rejection,
but rather, “is a function of trying to find people who feel right to the
parties.”[5]
Under the constitution, a system was established to ensure
fairness during trial proceedings. A
fair voir dire selection is only one part of the system. During a trial, jurors are provided with
rules that are created to promote fairness.
Lawyers are also obligated to follow particular constitutional rules
during trial. Ferguson reminds his
readers that while the constitution established a particular judicial process
for fairness for those on trial, American citizens, serving as jurors, are
similarly held responsible for upholding fairness in the courtroom.
Why Jury Duty Matters
points out that in addition to providing an opportunity to be involved in
American government, jury duty offers other important benefits to the American
people. For example, jury duty provides
most Americans with an insider’s view of legal proceedings that most would
never see. Jury duty allows a close-up
look at America’s judicial system for those who are not professionally involved
in the legal world, and, according to Ferguson’s research, between seventy-five
and ninety percent of Americans expressed that they had a positive experience
with being involved in jury duty.
In his conclusion, Ferguson brings the reader back to his
client awaiting his fate on the uncomfortable courtroom bench. After being notified that the jury has
reached a verdict, Ferguson’s client nervously walks back to the courtroom:
placing his faith in the Constitution and in the twelve men and women who will
now decide his fate. Throughout his
book, Ferguson educates his readers on the more unfamiliar and abstract
historical context of jury duty, while at the same time incorporating a
depiction of jury duty that many Americans may find easier to identify with:
telling a story of a real-life American involved in the U.S. justice system.
Why Jury Duty Matters is
a useful tool for all American citizens who will someday fulfill their civic
duty by serving as a juror. While Ferguson admits that he recognizes that this
“invitation” is not one that can be respectfully declined, he still encourages
Americans not to cringe when pulling the jury service summons out of the mailbox. Instead, Ferguson asks his readers to view
the invitation as an opportunity for reflection, education, and fulfillment,
rather than one of inconvenience. Whether
for an attorney or a judge trying to convey the significance of jury duty to
the public, or simply an individual pulling a jury summons out of the mailbox,
Ferguson’s book provides an insightful explanation as to why jury duty really matters.
Why Jury Duty Matters
is a must read for every American citizen.
Meghan K. Zingales
Senior Editor, Criminal Law Practitioner
Image from Amazon.
[1] Andrew Guthrie Ferguson, Why Jury Duty Matters:
A Citizen’s Guide to Constitutional Action 12 (2013).
[2] Id. at 12.
[3] Id. at 15.
[4] Id. at 22.
[5] Id. at 31.
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