Jury deliberations present a unique facilitation challenge. Twelve, randomly selected citizens sit through a criminal or civil trial for hours, maybe days or even weeks, and are then asked to come to reach a verdict which depending on the verdict and the place where the trial is taking place, may need to be unanimous.
I had the extra-ordinary privilege and responsibility of being selected to sit on a jury this year for the first time ever. It was a hard criminal case where there was so much tragedy baked into the bones of the case. The details don’t matter for this, but a very hard complex case was made even harder by the fact that the key witness, who was also the survivor, had unreliable memory due to a previous incident.
So you had a group of people coming to a verdict that would change the defendant’s life forever, with little knowledge of each other, difficult testimony etc.
And no one ‘in charge’ of getting to a decision and no deadline set. The foreperson is the one charged with delivering the verdict. They may or may not decide or try to step in as convener.
The instructions of the judge are super clear – you can only find someone guilty if you have evidence beyond reasonable doubt. But reasonable doubt lies within the soul of an individual. It is not an empirical measure.
As a facilitator I found the process fascinating, even as I was grappling with coming to my own decisions. Seeing up close the how a ‘meeting’ changes when you have a clear purpose (and so many day to day meetings, as well as retreats do not). Noticing what happens when a group gets tired, and how easy it is to slip into the path of least resistance if the stakes aren’t clear (or high). Thinking about how to create checks and balances to ensure that this isn’t happening. Noticing how what people are saying may be reinforced (or undermined) by their body language and really paying attention to that. And finally noticing the subtle distinction between inclusion (inviting everyone to speak) and participation (where everyone feels a true stake in the outcome).
I’m so grateful to have had the chance to participate in the process and came away with many questions about the justice system, but feeling reassured by the process of jury deliberation. I’m wondering what other experiences have provided others with insights into how we all could be better at facilitating meetings.
Thanks to Unsplash for hosting this photo by Wesley Tingey.