Jury pool questioning: upholding laws against pot possession

I was in the “just in case we have to excuse too many people” group in a jury pool. For the most part, it was a big waste of time… sit for hours, doing nothing. (Ok, I had my iPad and worked on it. I used my phone’s Wi-Fi while I did email, then switched to an open Wi-Fi to answer questions on my websites.) Then we had to sit for hours more in the courtroom while the lawyers and judge decided who is fit to serve. Thankfully, I wasn’t needed.

Among the questions asked was who thought weed should be legal. About half of the 34 members of the pool raised their hands. She asked those in the main group why they thought it should be legal. One man said medical use as his wife is ill and he thinks it would help her more than the $1200/month prescriptions. Others mentioned taxation (tax it like alcohol) and economics (courts are not cost-free), one person mentioned hemp as a renewable resource. (I think all 10 who were dismissed raised their hands on this question. I’d control/tax weed like alcohol and tobacco.)

The prosecutor asked if the case was about possession, could we convict, since there are laws against pot possession and court is about enforcing the law. The people she asked said yes, they would uphold the law even if they didn’t agree with the law.

She didn’t ask me, as I was in the ‘just in case’ group, #32 (and they only needed 13). I would have said no, I could not convict. Marijuana might be against the law, but the law is wrong, and the cops are wrong for enforcing it.

There were once laws banning interracial marriage too, but that doesn’t mean those laws were right or just either. Slavery, discrimination, voting rights… all were governed by bad laws in our history.

There are several websites that list old, stupid laws that have never been repealed, like riding a horse backwards on Sunday or some such nonsense. A cop would be laughed out of town if he tried to arrest someone for something so asinine. It should be the same with simple possession of weed.

A bad law is a bad law and no juror should be party to enforcing a bad law.

And for the record, if you are wondering if I’m a pot head… I have never smoked pot. When I was about 10 my sister and I tried one of dad’s Lucky Stripes. We each got one puff in and decided smoking was the most vile and disgusting thing.

If you’re gonna talk about locations in your song…

Cumberland Gap

… make sure your geography is correct.

Cumberland Gap

Wagon Wheel by Darius Rucker has such a pretty melody… but it annoys me every time I hear it because it’s geographically wrong. You don’t go West from the Cumberland Gap to Johnson City, you go East. Or you go West TO the Cumberland Gap FROM Johnson City, TN.

Going south from Roanoke, you’d either take I81 (the song was written after the Interstate opened, but if you want to argue, in the pre-Interstate days, you’d take US11 South – the roads run side-by-side most of the way), and hit the Johnson city area then go west to the Gap. He clearly hitched a ride with the wrong trucker as US221 from Roanoke to Hillsville VA then east to Mt Airy NC and on to Raleigh would be the shorter route. Or even south on I81 to I77 (except parts of I77 weren’t open when the song was written) and hitch a ride with an east bound trucker…

Even if he took US58 or a similarly dinky road west from Roanoke through Southwest Virginia to the Gap, you’d still go East to get to Johnson City. Plus, it would be stupid to hitch a ride west when Raleigh is east….

“Walkin’ to the south out of Roanoke
I caught a trucker out of Philly
Had a nice long toke
But he’s a headed west from the Cumberland Gap
To Johnson City, Tennessee 

Full lyrics:

Headed down south to the land of the pines
And I’m thumbin’ my way into North Caroline
Starin’ up the road
Pray to God I see headlights

I made it down the coast in seventeen hours
Pickin’ me a bouquet of dogwood flowers
And I’m a hopin’ for Raleigh
I can see my baby tonight

So rock me mama like a wagon wheel
Rock me mama any way you feel
Hey mama rock me
Rock me mama like the wind and the rain
Rock me mama like a south-bound train
Hey mama rock me

Runnin’ from the cold up in New England
I was born to be a fiddler in an old-time stringband
My baby plays the guitar
I pick a banjo now

Oh, the North country winters keep a gettin’ me now
Lost my money playin’ poker so I had to up and leave
But I ain’t a turnin’ back
To livin’ that old life no more

So rock me mama like a wagon wheel
Rock me mama any way you feel
Hey mama rock me
Rock me mama like the wind and the rain
Rock me mama like a south-bound train
Hey mama rock me

Walkin’ to the south out of Roanoke
I caught a trucker out of Philly
Had a nice long toke
But he’s a headed west from the Cumberland Gap
To Johnson City, Tennessee

And I gotta get a move on before for the sun
I hear my baby callin’ my name
And I know that she’s the only one
And if I die in Raleigh
At least I will die free

So rock me mama like a wagon wheel
Rock me mama any way you feel
Hey mama rock me
Rock me mama like the wind and the rain
Rock me mama like a south-bound train
Hey mama rock me

Justice is not Free…

Justice

… yet courts nationwide expect – no, demand – that jurors “work” for nothing, for a pittance that won’t begin to cover the cost of gasoline to drive to the courthouse. They demand people clear their calendar and be at their beck and call for weeks, letting potential jurors know after 3:30 each afternoon if they need to come in the next day.

As a small, self-employed businessperson, the court expects me to keep my schedule clear so I’m available and I’m not needed, to be able to schedule 8 hours of appointments for “tomorrow” after 4 PM “today”.

The attorneys arguing cases before the jury don’t run their business by waiting until 3:30 PM to set up appointments for the next day, yet that is exactly what they expect businesspeople to do.

How can any businessperson work like this and expect to make enough money to live on? Short answer: They can’t.

I won’t be able to schedule appointments in advance and will have to rely on last minute appointments for income during the month of August. I have a couple of clients who will love that, but most of my clients like to plan ahead and set aside time a few days in advance. Unfortunately, the last-minute clients won’t begin to make up for income lost because I can’t schedule appointments in advance.

As a result, being on a jury will cost me in excess of $3000 in lost gross income (while increasing my expenses). And that is assuming I’m not banned from using the Internet if I’m made to serve on a jury in a case that lasts longer than a few hours. It’s kind of hard to run an Internet-based consulting business if you can’t use the Internet, and the loss of Internet access would cost me several hundred more.

While many employers pay their employees regular wages when called to jury duty, self-employed small businesspeople have no one to pay them for lost wages.

No work equals no pay.

Some employers make the employee use vacation and sick days, but again, the self-employed don’t have this luxury.

No work equals no pay.

Bank of America expects my mortgage payment on time and in full, they don’t care that my income can be close to 0 for the entire month because I need to be always available for jury duty. They want paid and if they aren’t, they won’t hesitate to foreclose.

Heck, even the county that is calling me to serve on the jury expects me to pay my property taxes, on time and in full (at the rate of $12 a day, more than pittance given to jurors). They won’t care that I have no money because of involuntary, forced servitude to the court system.

Society gets the justice system they are willing to pay for, and unfortunately, no one is willing to pay for true juries of their peers and I can’t afford to carry the cost of serving on my own.

Veteran’s Day

Crew of QS 53

Dad served about 22 months in WWII (he’s not sure of the exact time but he joined near the end of the war). He went to New Orleans and FL for training then to the South Pacific, serving on a small boat.

Dad's war photo

He spent his time in the service circling in the ocean, waiting to rescue pilots in a boat that couldn’t hold enough gas to go anywhere….

Negoa Japan

He said there were 16 crew plus 4 gunners from another boat (no one in his crew could shoot) on a 110 ft boat. It needed towed a lot because it couldn’t hold enough fuel. They went out to sea to support the bombers – circling in the water, waiting for the pilots to bail out. None did. When the runs were finished, they were towed back to port.

I wish I knew more of his war stories. The only one he really talked about was being within 50 miles of Australia and never going to shore there. He always wanted to go back, but after he retired, he always had excuses about why they couldn’t go.

Oh, and he talked about the endless meals of spam.

Prior to joining (being drafted?) he supported the war efforted by working in the shipyard in Chester PA. When he went to war, mom and their two toddlers went “back home” to stay with her parents.

mom and dad