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Jury Duty a Mixed Experience for BVMs, Associates
by Mary Ellen McDonagh, BVM |
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In front of nearly every courthouse in the country stands the statue of “Lady Justice.” Likely derived from both the Greek god Themis and the Roman god Iustitia, Justice holds scales and sometimes wears a sword and/or a blindfold. The scales represent the impartiality of justice and the sword signifies the power of those making a decision. During the 16th century, artists added a blindfold to representations to symbolize that justice is not subject to influence. Some historians argue the sword and the blindfold are later additions both alien to antiquity. Regardless, the image persists that a personified Justice symbolizes the fair and equal administration of the law, without corruption, prejudice or favor. Varied Experiences For BVMs and Associates who have served on juries, the reviews are mixed of the American justice system. Some have had positive experiences of the fairness of the system, while others found that their experience shattered any illusion about the system's impartiality. Yet, while teaching in Clinton, Iowa some years ago, BVM Martha Ryder (Briant) recalled learning, when instructed as a jurist, “that 90% of the world's jury trials take place in the United States.”
Simultaneously, her father, in Montana, was facing serious surgery and not able to afford air tickets, Mary Kay had planned to drive. Lacking such tickets, she was not dismissed by the judge for Christmas as were those with them. As it turned out, her father went into a coma after the surgery and died two months later. Consequently, she left the jury mid-trial and later realized, “While deprived of a last visit with my dad, I got the gift of a reprieve from the possibility that I would have agreed with the other panelists,” who sentenced the defendants to death. The experience prompted more pondering on capital punishment for Mary Kay, who now serves on the board of the Montana Abolition Coalition.
Part of the difficulty, she believed, is that the month-long procedure encourages excuses and limits the available pool and consequently “does not serve justice well.” In addition, “being on the jury is not always being able to do the just or what you even think is the right thing, as the legal system is so complex. So much depends on how the law is presented and in some cases, twisted.” She added, “The unanimous decision requirement is difficult and requires lots of talking [and] I am not always sure it causes the best decision.”
After a three-day trial and jury “chatting” in between waiting and meal times, Vicki assumed the responsibility of fore-person. She did so confidently, “after years of experience at BVM meetings!” She reported using techniques of inclusivity, inviting one shy woman to speak, who eventually voiced insights that caused all to re-visit their thinking, and of placing “impasse” items at the bottom of a discussion pile. Civic Responsibility
Yet, as the trial progressed, she felt “privileged to be in a country that so values justice and the jury system that it requires its citizens to put aside whatever else they are doing, including [jobs], in order to take their turn on a jury.” After the trial was abruptly settled out of court, she experienced both regret in not being able to be part of the decision and joy it was over. She even bought a bouquet of flowers to celebrate “getting back to her life”!
She noted while a jurist and as a witness, she has seen “terrible miscarriages of justice and some of the best—justice with heart.” An example of the latter was Judge Carter, who heard every case in the county involving children. He held monthly meetings for anyone with ideas on how to make systems better FOR children. In the community, he raised funds to build Hope House, a short-term safe house for youth. BVMs hold justice as a core value. However involved in the justice system, however it touches us or we it, we recognize its flaws, work to correct them, and applaud “justice with heart.” About the author: Mary Ellen McDonagh, BVM is a justice advocate in St. Louis, Mo. Return
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In 1975, Associate May Kay Craig acknowledged a gift a bit different from that which she expected, while serving on a jury in San Rafael, Calif. As a young woman with her conscience not formed on capital punishment, she found herself a member of a jury deciding a capital murder case. 
Bernadette McManigal (Lucinus), a BVM ministering in Lexington, Ky., explained that when a person's name is selected for jury duty, he/she serves for a month, calling in daily and may appear frequently. She served on three juries last December and describes the experience as “one of the hardest things I have ever done.” 
Last year, Vicki Smurlo, a BVM social worker in Los Angeles, Calif., served on a jury after prior rejections. 
BVM Helen Gourlay (Frances Helen), a volunteer at 8th Day Center in Chicago, had a jury experience in Milwaukee, Wis. At first, she remembers feeling personally inconvenienced in having to give up a week of her time. 
Yvonne Mattioli (Angela), a BVM director of Pastoral Services at a parish in Lake County, Ill., served on a jury last June. She described the judge as “very respectful toward all during the trial” and overall felt “comfortable and at ease.” She saw the courtroom situation as a “very human experience,” in which the judge “sets the tone at the start.” 
Kay Derner Brown, a member of the Associate Coordinating team, was a school counselor for 19 years in Shawnee, Okla. She frequently testified in Judge Glenn Carter's courtroom.