mtbc: maze L (green-white)
[personal profile] mtbc
Longtime readers may recall my describing my jury service on a criminal case at Aberdeen Sheriff Court: how strange it was to be temporarily but increasingly deeply part of a whole other world, filled with physical and personal details of the case, seeing its participants in person, becoming part of a group that deliberates in secret then disbands having changed people's lives. During deliberation, it's almost as if we become prisoners: we are locked in and even get to send forth via the clerk a request for a cigarette break.

Some while ago, I served on a jury again, at Glasgow High Court. Here in Scotland, the sheriff courts deal with the middle-tier crimes, the high courts the most serious. Overall, the experience was as I described previously, except for that Scotland has now dispensed with the not proven verdict.

In writing last time, I hadn't dwelt on the citizen's duty to society. We may be called upon to perform all manner of taxing duties and my natural disposition is to respect this other side of the social contract. In practice, in current life here: serving on a jury, judging the facts of a serious crime, may be the most significant official duty that a citizen has a fair chance of being required to face.

In both of the court cases, the root of what caused the violence remains a mystery. For each, I had the sense that there was relevant background context that nobody was testifying to in open court. I suppose that I will never find out. Another challenge is that of the credibility of the testimony of interested parties. So, we might plausibly hear half the actual story plus various lies, then have to decide on that basis. I am most grateful to those witnesses who chose to appear and to tell the truth.

It's frustrating that, having reached a decision, my reasoning from the evidence must remain secret, at least here in Britain. As with some of my previous work for the US military, never do I get to share the interesting details.

I was interested to learn that, of the set of possible verdicts, the prevailing one is the most serious for which sufficient jury members voted for that or for a more serious option.

I suppose that one might imagine that a suitable prayer for a new juror might be to catch a case whose evidence points clearly. I fear that sexual offences in particular may tend to be difficult to prove beyond a reasonable doubt, thank goodness it's at least sometimes possible.

Regarding sentencing, the judge considers both the harm caused and to what extent the perpetrator was to blame for it. Those affected by the crime get to submit statements to the judge for determining that harm. I can't help but doubt how fair it would be for somebody to be given a lighter sentence because, say, they happened to injure some asshole loner rather than a beloved family member.

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Mark T. B. Carroll

June 2026

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