While reading about Christopher Buckley’s endorsement of Obama, I was reminded of this quote of William’s: I’d rather entrust the government of the United States to the first 400 people listed in the Boston telephone directory than to the faculty of Harvard University.
Given the near universal approval of Obama among the educati and intelligentsia, I think there is a lot of wisdom in this pithy wisecrack. This is not to attack education or intelligence, I’m not pushing some sort of Pol Pot cleansing of the educated classes, I simply suggest education today far too often instills a leftist slant and all but eliminates common sense.
Let me tell the story of sitting on a jury duty while I was a graduate student at Cornell in Ithaca, NY. This was in the fall of 1996, and NY state had recently enacted legislation to eliminate many of the typical exemptions from jury duty. As a student, I don’t think I was exempt anyway, but it was amusing having a law professor who taught evidence rejected in the voir dire. I was selected for the jury and actually look forward to the experience; I was curious whether they were all as bogus as the OJ acquittal suggested.
This case involved a 17 year old who was, one evening, walking in the Ithaca commons area and was spat upon by another teenager perched on a 3rd floor balcony overlooking the commons. They did not know each other, but a verbal altercation ensued, and soon enough the guy upstairs (Bob) came down to confront the guy he had just spat upon (Mark). Mark had a concealed knife on him, and held it discreetly at his side. Once Bob got close to him, Mark took a swing, with the blade forward, and left a several inch long gash on Bob’s face. He ran away, only to be caught by the police shortly thereafter. He confessed to his actions.
There were 4 counts against him. The first was possession of a concealed weapon. I forget the particulars, but that type of knife, in the context of how he kept it and used it, was illegal. On this count, we immediately reached a verdict of guilty.
The other 3 counts were where things got interesting. They were 3 counts of assault, all with slightly different definitions, and as was later explained to me, this is in order to make sure they’ve covered the appropriate definition.
1) Assault with a weapon.
2) Assault causing serious bodily harm (a visible scar counts as serious bodily harm).
3) Assault with intent to cause serious bodily harm.
On count 1 and 2, we also fairly quickly convicted the defendant. He did use a weapon, and he did cause serious bodily harm. We felt that while he was somewhat provoked, he was in no danger and could easily have extricated himself from the situation. Indeed, he had at least 30 or so seconds waiting for Bob to come downstairs when reason could have prevailed.
The third count dealt with his intent. We took a vote after some discussion, and were 11 to 1 in favour of conviction. The lone holdout was the only professor in the room, a physicist from Cornell. I, as most of the jurors, were of the opinion that Mark intended to cause serious bodily harm because he aimed the knife at Bob’s head. Blade forward. This wasn’t a shove, this wasn’t a kick in the groin or a punch in the stomach. This was a knife at someone’s head. Any head injury would constitute serious bodily harm. It seems clear to all of us this was what the kid intended, in fact his comment of “I am going to fuck you up,” attested to by several witnesses, illustrated intent clearly.
Paul, this professor, stated that he thought the kid wasn’t very articulate and could not form that kind of intent. I replied that being articulate isn’t relevant here. I suggested that while the defendant would not survive 5 minutes in Paul’s physics class, or in my molecular biology classes, neither one of us would survive 5 seconds in the street with these 2 guys. Others stated that a 17 year old without any mental defect ought to realize that a knife swung with serious force at someone’s head was potentially lethal. Paul would not budge, for about 2 hours.
At this point, we sent a note to the judge, stating that we were deadlocked on one of the assault counts. It turns out this did not matter, as they only needed a conviction on one of them. The defendant was convicted and later sentenced to 9 months in prison. I ran into his defense attorney at a hockey game several months later and we had an interesting discussion about the case. It did not change my mind about the verdict in any way, but it was curious to get some of the back story about it.
I met Paul at a wedding almost a year later. I remembered him, but he did not remember me. I introduced myself and mentioned the jury, and he told me that he had thought about it a lot over the past year and concluded that we were indeed right and the defendant was guilty on all counts. It took a physics PhD almost a year to figure out that a 17 year old attacking someone’s head with a knife was evidence of intent to cause serious bodily harm. Common sense is all to uncommon I think.