Eaglie's Aviary

Thursday, September 16, 2004


From Netscape.com, for those who will want to be citizens of New York just to perform their civic duties after reading this:

Why It's OK to Be Drunk on Jury Duty

The integrity of the jury system may be the backbone of American justice, but it's apparently acceptable in New York City for a juror to be drunk on alcohol or high on marijuana or cocaine. Reuters reports that a New York judge said just that when she refused to set aside the verdict on a retired city firefighter who was convicted of stealing souvenirs from Ground Zero.

Manhattan Supreme Court Judge Ellen Coin cited a 1987 Supreme Court ruling which stated that it is not considered an "outside influence" on jurors if they consume alcohol, smoke marijuana, snort cocaine, or fall asleep while on jury duty. That means the guilty verdict of petty larceny against Samuel Brandon, 61, stands even though a juror told Brandon he had been drinking during the deliberations. Brandon was accused of stealing personal items from the ruins of the World Trade Center. After learning about the drunk juror, he sought a new trial.

Although the judge did say that being drunk on jury duty was "reprehensible," she acknowledged there was little she could do about it given the Supreme Court ruling. "However severe their effect and improper their use, drugs or alcohol voluntarily ingested by a juror seem no more an 'outside influence' than a virus, poorly prepared food, or lack of sleep," the Supreme Court said in its decision. Brandon faces up to one year in jail at his Sept. 27 sentencing, notes Reuters.