Justice Matters: Jury Service Gives Extraordinary Power for Ordinary People

Most Americans dread getting a jury summons in the mail. As a lawyer, I know my friends and family members’ first question: “How do I get out of this?” Little do most of them realize that this little piece of paper is an invitation to participate in one of the most important responsibilities of citizenship, especially in tightknit communities like those of western Virginia.

The Constitution protects a lot of rights and asks pretty little of us in return. We can certainly serve in the military, honor the flag, and vote for those who make the laws. But the only civic responsibility that is a true legal duty is jury service. It’s also the one thing that immediately makes government belong to the people.

Participating in elections is important, but when you go to the polls yours is just one of thousands of votes. At the national level, it may be just one among tens of millions. By contrast, when an American is called to sit on a jury, their vote determines the verdict.

Criminal cases require verdicts to be unanimous. That means every juror must come to an agreement as to whether the defendant is guilty or not guilty. Further, judges will assure each juror that they should never give up an honest conviction for the mere sake of getting along with the others.

This is a remarkable promise the Founders made for the people. When the laws actually threaten someone’s liberty or property, the ultimate judgment call is left in the hands of twelve ordinary members of the community. Lawmakers, judges, and lawyers are important. But it’s truck drivers and teachers, homemakers and store managers who have the final say over who goes to prison.

We’re celebrating America’s 250th birthday this year and that’s a great occasion for remembering the brave decisions of jurors throughout our history. They’ve used their power to protect liberty and change the country for the better. For example, before the Civil War, Congress made it a federal crime to help people escape from slavery. In 1851, the federal government charged Boston abolitionists with freeing Shadrach Minkins — formerly enslaved in Virginia—after his recapture up north. The abolitionists’ guilt could not have been clearer as a factual matter. But the jury stood up and refused to convict them. The brave stand of these ordinary jurors defended dignity against tyranny.

Serving on a jury remains meaningful today, even when criminal charges were properly brought against a wrongdoer. Federal judge Roy Altman recently told the story of presiding over an emotionally intense murder trial. Afterward, he met with the jurors. One, a quiet elderly woman who had come to this country from Haiti, slowly stood up using her cane. She gave the judge a hug, then explained that while she had moved to America seeking a better life, she had learned something new through serving. Her country gave her more than just opportunity, she said: it trusted her to be smart and wise enough to decide such an important matter. It was a memory she said she would carry with her for the rest of her days.

This woman understood something profound about democracy. It’s not just about deciding who gets to make the laws. It’s about deciding how they are applied. That work, too, belongs to all of us. The conscience of the community matters as much for freedom as does any other constitutional right.

It can have that role only if we the people exercise it. So next time you get that piece of paper in the mail summoning you to jury service, don’t think of it as something to avoid. See it as the chance to seek justice for your neighbors and your country. It may cost you some days away from work, but it’ll enrich your sense of what it means to belong to the community.