The jury's role
Surely all jurors see their role in the courtroom differently, depending on where they come from and each juror's unique perspective. This is why attorney-conducted voir dire is so important in selecting a jury, for the state and the defense. Except that we do not get attorney-conducted voir dire in South Carolina.
There is no doubt that many Horry County jurors see it as their civic duty to convict someone when they are called for jury duty, and it is an uphill battle trying to educate the jury on the presumption of innocence and the right to proof beyond a reasonable doubt. I have watched a solicitor tell the jury in closing argument (not my case and the defense attorney did not object) that they "worked for the government now," and it was their duty to convict the defendant.
The jury does not work for the government. The most precious and important rights in our Constitution are the right to a trial by jury and the right to proof beyond a reasonable doubt. The jury's role in the courtroom is to shield the citizen from the incredible power of the government, and to make sure that the government proves its case beyond a reasonable doubt, the highest standard of proof in our system of justice.
Because the prosecutor has all of the power, they can force witnesses to testify by threatening prosecution and by offering them freedom - so we have the right to proof beyond a reasonable doubt. Because the prosecutor has the weight and resources of the entire state standing behind them, with practically unlimited resources and manpower to make a case against a defendant, we have the right to a trial by jury, so that 12 people are there to stand between the power of the government and the defendant.
Because there are times when prosecutors put lying witnesses on the stand to testify to a jury, offering them years of freedom in exchange for their perjury, and because judges are unwilling or unable to stop such testimony, there are times when the only thing standing between a citizen and a wrongful conviction is a jury of 12 people, and their ability to hold the government to its burden of proof.
It may be that when the government does meet its high burden of proof it is the jury's duty to convict a defendant. But the jury does not work for the government, and their role is to make sure that the government meets that burden of proof before it can take away a person's livelihood, their family, and their freedom.
