The difference is, quite simply, Rule Number Nine.
The operant logic of a Baltimore city jury is as fantastical a process as any other of our universe’s mysteries. This one is innocent because he seemed so polite and well spoken on the stand, that one because there were no fingerprints on the weapon to corroborate the testimony of four witnesses. And this one over here is telling the truth when he says he was beaten into a confession; we know that, of course, because why else would anyone willingly confess to a crime if he wasn’t beaten?
In one particularly notable decision, a Baltimore jury found a defendant innocent of murder charges but guilty of assault with intent to murder. They believed the testimony of the eyewitness, who saw the defendant stab the victim in the back on a well-lit street, then run away to save himself. But they also believed the medical examiner, who explained that of all the stab wounds, a thrust to the chest had ultimately killed the victim. The jurors reasoned that they couldn’t be absolutely sure that the defendant stabbed the victim more than once. Presumably, some other enraged assailant could have wandered by afterward, picked up the knife and finished the job.
Juries do not like to argue. They do not like to think. They do not like to sit for hours at a time, wading through evidence and testimony and lawyers’ arguments. And in a homicide detective’s view, a criminal jury resists its obligation to judge another human being. It’s an ugly, painful business, after all, this process of labeling people murderers and criminals. Juries want to go home, to escape, to sleep it off. Our legal system prohibits a guilty verdict when there is reasonable doubt about a defendant’s culpability, but in truth, juries want to doubt, and in the stress of the jury room, all doubts become reasonable justification for acquittal.
Reasonable doubt is the weak link in every prosecutor’s chain and, with a complex case, the doubts multiply. Consequently, most of the battle-scarred veterans in the state’s attorney’s office prefer a straightforward, one- or two-witness homicide: It’s an easier argument to present and an easier argument for a jury to accept. They believe your witnesses or they don’t, but either way, you haven’t asked them to think very hard or to pay attention for very long. But the more developed case file-the one that a detective built over weeks and months, the one that presents a mountain of not-so-glaringly-obvious evidence, the one that requires the prosecutor to subtly piece the case together like a puzzle-it’s that kind of case on which a criminal jury can wreak real havoc.
Because in Baltimore, at least, the average juror doesn’t want to spend time contemplating the inconsistencies in a defendant’s statement, or the complex web of testimony that systematically destroys an alibi, or the discrepancies between a medical examiner’s testimony and a defendant’s self-defense claim. It’s too complicated, too abstract. The average juror wants three upstanding citizens to say that they were eyeball witnesses to the crime and another two who can assure them of the killer’s motivation. Throw in a recovered murder weapon, a few print hits and a positive DNA match and then, by God, you’ve got a jury ready to mete out some punishment.
To a detective, however, it’s the circumstantial prosecutions that often represent the best police work, and for that reason Rule 9B has profound meaning. In theory, the dunkers take care of themselves in court. But the best cases-the kind a cop takes pride in-always do seem to get the worst juries.
As with every other part of the criminal justice machine, racial issues permeate the jury system in Baltimore. Given that the vast majority of urban violence is black-on-black crime, and given that the pool of possible jurors is 60 to 70 percent black, Baltimore prosecutors take almost every case into court with the knowledge that the crime will be seen through the lens of the black community’s historical suspicion of a white-controlled police department and court system. The testimony of a black officer or detective is therefore considered necessary in many cases, a counterweight to the young defendant who, following his attorney’s advice, is wearing his Sunday best and carrying the family Bible to and from court. That the victims are also black matters less; after all, they’re not around to set such a good example in front of the jurors.
The effect of race on the judicial system is freely acknowledged by prosecutors and defense attorneys-black and white alike-although the issue is rarely raised directly in court. The better lawyers, whatever their color, refuse to manipulate jurors through racial distinctions; the others can do so with even the most indirect suggestions. Race is instead a tacit presence that accompanies almost every panel of twelve into a Baltimore jury room. Once, in a rare display, a black defense attorney actually pointed to her own forearm while giving closing arguments to an all-black paneclass="underline" “Brothers and sisters,” she said, as two white detectives went out of their minds in the back row of the gallery, “I think we all know what this case is about.”
Still, it would be wrong to suggest that Baltimore’s juries have become more lenient simply because they have become more black. Suspicion of the legal system within the black community is a real phenomenon, but veteran prosecutors can tell you that some of the best panels they’ve ever had have been all-black, whereas some of the worst and most indifferent have had a white majority. More than color, what has crippled the jury system in Baltimore is a factor that crosses all racial boundaries: television.
Pick any twelve people from Baltimore-from the black sections of Ashburton and Cherry Hill, from all-white Highlandtown or Hamilton-and chances are, you will come up with a few intelligent, discerning citizens. Some may have finished high school, one or two may have been to college. Most will be working folk, only a few will be skilled professionals. Baltimore is a blue-collar town, a stretch of the East Coast rust belt that never recovered when American steel and shipping began their downward spirals. Its population is underemployed, and it remains one of America’s most undereducated cities. Taxpayer flight has continued for more than two decades, and the vast majority of Baltimore’s white and black middle and upper classes now reside outside the city proper. They are, in essence, the stuff from which county juries are made.
As a result, most city folk go into a jury room with no greater sophistication about crime and punishment than can be gleaned from a 19-inch television screen. More than anything else, it’s the cathode-ray tube-not the prosecutor, not the defense attorney, certainly not the evidence-that gives a Baltimore juror his mind-set. Television ensures that criminal juries are empaneled with ridiculous expectations. Jurors want to see the murder-see it played out in front of their eyes on videotape in slow motion or, at the very least, see the guilty party fall to his knees at the witness stand, begging for mercy. Never mind that fingerprints are recovered in less than 10 percent of criminal cases, the average juror wants fingerprints on the gun, fingerprints on the knife, fingerprints on every door handle, window and house key. Never mind that the trace lab rarely makes a case, a juror nonetheless wants to see hairs and fibers and shoe prints and every other shard of science gleaned from Hawaii Five-O reruns. When a case does come complete with an excess of witnesses and physical evidence, then jurors demand a motive, a reason, a meaning to a murder that has otherwise been proven. And on those rare occasions when jurors are satisfied that the right man has actually been locked up for the right murder, they want to be assured that the defendant is truly a bad person and that they themselves are not bad people for doing this terrible thing to him.