This past Monday I was called for jury duty, which normally makes for an uninteresting morning in the jury pool followed by (usually) a week on call or (sometimes) a trip to a courtroom for voir dire, in which some lawyer (usually the prosecutor) decides they don't want a professional programmer/analyst on the jury.
On Monday, the immense size of the potential-juror pool was the first sign of a high-stakes case. In round numbers, 100 of us were packed into the courtroom. The trial was for murder, and was legally a capital murder case because the victim was under 10 years of age. (That's based on the cutoff age in state law; the victim was roughly a year and a half old.) The state was not seeking the death penalty so the other allowable consequence under state law was life in prison.
Whenever sitting through voir dire, it's interesting to focus on which arguments the lawyers are test driving. Clearly, the defense was arguing insanity. The defense seemed to be trying to carry the argument by shifting the mood to a blameless acceptance of an unfortunate tragedy, with the main tool being the defense attorney's stage presence. The defendant's unremorseful face wasn't helping the defense lawyer. When the defense lawyer asked the jury pool which of us simply did not care about the reason why a toddler was killed, I raised my juror number card -- I had plenty of company in that -- and was disqualified from the case. (Under state law, the insanity defense requires that at the time the actions took place, the person did not understand that the actions were wrong. If the defendant did not understand that that was wrong, that seemed possibly worse. A good percentage of the jury pool was disqualified for having that opinion.)
As the non-selected jurors like me were dismissed, I had a lot of time to consider the faces of evil. The defendant who seemed unremorseful. The defense attorney who seemed cheerfully, craftily misleading, and who seemed openly impatient when the prosecutor and judge had to call her back to the legal side of what she was allowed to say to the jury pool. The whispers in the jury pool about how unfortunate that the death penalty hadn't been sought and whether anything could be done for justice. My own growing feeling that, if the death penalty had been available, I might have been okay with that, even with the awareness that self-righteousness is one of the most common "winning" temptations for truly horrific acts.
There is no one righteous; no, not one.
The jury did return a conviction at the end of the week-long trial. That may be the closest to justice we can manage as mortals.