Tuesday, September 1, 2015

(empo-jooryst) My 2015 jury service wasn't as long as my 2013 service

For reasons previously explained, I have waited until now to talk about my 2015 jury service.

Although frankly, there's not much to tell, because I didn't even make it on the jury as an alternate.

In late May, I reported to the Rancho Cucamonga Superior Court for jury duty. Eventually I was placed on a panel and ushered upstairs to a courtroom, where I found out that this jury trial was going to be a little different that other jury trials.

This trial was a mental competency hearing to determine whether a defendant was competent to stand trial. Because it was a mental competency hearing, there were two things of significance. First, the burden of proof was on the defense; the defendant was presumed to be competent unless the defense proved that the defendant was incompetent. Second, there was a lower burden of proof; rather than the "beyond a reasonable doubt" burden that is usually encountered in a criminal courtroom, the defense merely had to prove incompetence via a "preponderance of the evidence" - in other words, the same burden of proof that you find in a civil trial.

Potential jurors were not told what the defendant was charged with, because in essence that didn't matter anyway. The jurors' only duty was to determine competence by listening to some expert witnesses (from both sides) and applying the law. Needless to say, I was curious about this, but knew that I couldn't research the case until I was released from jury service.

Since I wasn't picked for the jury, I could research any time after that, including during the competency trial itself. However, I knew from previous experience that it takes a while for the transcripts to show up, and I also knew that the competency trial itself wouldn't start until early June.

In early June, I peeked at the records and found out that the defendant was charged with burglary last year. (Speedy justice and all that.) Oh, and I did find out something else - a close relative of the defendant has had numerous brushes with the law, going back over ten years; but that's all that I'll say about that.

Regarding the competency trial itself, this entry was placed in the online records on June 2.

REQUEST FOR A 1368 TRIAL AS TO THIS MATTER
IS WITHDRAWN BY THE DEFENSE.
-
CRIMINAL PROCEEDINGS ARE REINSTATED.


Finally, at the end of June, the defendant was sentenced to time served and released under supervised probation. The 27th and final condition of the defendant's probation?

27) STAY AWAY FROM ALL ALBERTSON STORES

Does that prohibition extend to Safeway's Vons stores?

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