During voir dire, the interviews for jury selection, each person is asked under oath about their experience with the criminal justice system, as defendant or victim, but usually not even the most elementary effort is made to corroborate those claims. One ADA [Associate District Attorney] told me about inheriting a murder case, after the first jury deadlocked. He checked the raps for the jurors and found that four had criminal records. None of those jurors were prosecuted. Nor was it policy to prosecute defense witnesses who were demonstrably lying--by providing false alibis, for example--because, as another ADA told me, if they win the case, they don't bother, and if they lose, it looks like sour grapes. A cop told me about a brawl at court one day, when he saw court officers tackle a man who tried to escape from the Grand Jury. An undercover was testifying about a buy when the juror recognized him as someone he had sold to. Another cop told me about locking up a woman for buying crack, who begged for a Desk Appearance Ticket, because she had to get back to court, for jury duty--she was the forewoman on a Narcotics case, of course. The worst part about these stories is that when I told them to various ADAs, none were at all surprised; most of those I'd worked with I respected, but the institutionalized expectations were abysmal. They were too used to losing and it showed in how they played the game.
~ Edward Conlon
