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Prelutsky for the Prosecution
by Burt Prelutsky
I suppose I should be relieved. After all, this past week I was on call every day to
perform jury duty, and the call never came. But, oddly enough, I'm not relieved.
Instead, I'm disgruntled. It was an entire week during which I could hardly make a lunch
date. The way it works, starting on Sunday night, you phone a 1-800 number, punch in a
nine-digit I.D. number, and a recorded voice lets you know whether or not you have to
show up at the courthouse the following morning.
Now I'll be the first to acknowledge that the present system is a major
improvement over the way it used to be, when you had to actually show up and sit around
a huge, noisy room most of the day, waiting to find out if you were going to be
impaneled.
I'll also acknowledge that I'm not the busiest guy in the world. It's not as if I
make all that many plans, and those I do make, by and large, I can make after that 6 p.m.
call. In that case, you well might wonder, why do I care that next year I'll have to go
through this whole rigmarole all over again? Would I so dread having to do my civic
duty? Not at all. In fact, I think I'd find it an interesting experience. At least so long as
they didn't make me drive all the way downtown.
The problem is that not in a million years would I ever wind up on a jury. No
defense attorney in his right mind would ever let me slip by. For one thing, I wrote for
several TV crime shows, ranging from Dragnet and McMillan and Wife to Diagnosis
Murder, and I never had any qualms about doling out justice to the bad guys. In fact, on
one memorable occasion, I found myself at loggerheads with Dragnet's producer-
director, Jack Webb. In an episode I wrote involving a young women who had
abandoned her newborn baby, Webb argued for an ending in which the infant would be
placed in her arms and the woman would undergo a transformation from monster to
madonna in five tearjerky seconds. "Jack," I still recall saying, "she dumped her baby in
a dumpster. I'm not letting her walk. She's going to do time!" You'd have thought I
was talking about an actual person. In any case, Webb backed down, and we gave her
two-to-five.
Even now, when my own TV writing career is over, the only things I ever watch
on the tube, aside from baseball games and old movies, are "Monk," re-runs of
"Columbo," and, occasionally, one of the shows making up the "Law and Order"
franchise. As you may have noticed, these are all series in which nogootniks, no matter
how rich and clever they are or how wily and underhanded their defense attorneys, get
their just deserts just before the final commercial.
As if that weren't bad enough, I once wrote an article in which I confessed that
one of the few things ever written by Alan Dershowitz that I accepted as gospel was his
contention that over 90% of all criminal defendants are guilty as charged.
And, finally, at the point during voir dire when I'd be asked if I could vote for
acquittal if, in spite of a preponderance of evidence, the defense could show that the
police had committed a technical error in making the arrest, I'd have to chuckle at the
very notion and admit that I couldn't imagine ever doing anything that stupid.
So far as I'm concerned, if the cops make a simple human error, that in no way
entitles the criminal to walk free. If, on the other hand, the cops make an intentional
error, I would put the cops on trial, but I'd still be unable to grasp the logic of letting the
felon scoot. I mean, short of planting evidence, employing the third degree in order to
obtain a confession, or committing perjury, I fail to see how the behavior of the cops
should ever affect the outcome of a criminal trial.
As you can plainly see, I simply am not cut out to be a juror. On the other hand, I
think I'd make a hell of a judge.
—(05/22/06)
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Mr. Prelutsky lives and writes in the San Fernando Valley.
He has been a humor columnist for the L.A. Times, a movie critic for Los Angeles magazine and has written for the New York Times, TV Guide, Modern Maturity, Emmy, Holiday, American Film, and Sports Illustrated.
For television, he has written for Dragnet, McMillan & Wife, MASH, Mary Tyler Moore, Rhoda, Bob Newhart, Family Ties, Dr. Quinn and Diagnosis Murder.
You can learn more about Burt and his latest book, Conservatives Are from Mars (Liberals Are from San Francisco) at his home page. Write Mr. Prelutsky at:
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