I
don’t mind when a juror is deadpan or stone-faced. What does bother me, however, is when I see jurors
sighing, eye-rolling, sleeping (literally), and complaining in the courthouse
hallways about how they don’t want to be there. (Is watching a jury trial and protecting a fellow citizen from a wrongful
conviction really that much worse than their regular jobs?) Some jurors just don’t seem to realize that
it could easily be them sitting at the defense table instead of in the jury box. If they
understood this, they would instantly appreciate the importance of having an alert (or at least conscious) jury.
But
despite my own feelings on the subject, one recent criminal defendant must have been furious with his jury. The evidence showed that he had taken a passing interest in a woman
who—oops!—was an undercover cop. He was
then criminally charged with propositioning her for sexual intercourse, which
required the state to prove that, roughly speaking, he (1) requested sexual
intercourse (2) in exchange for money.