A Handbook for Jurors
We hope the information below will answer your questions about jury service. If you have a particular question about your jury service which is not answered below, please telephone the court where your jury service is to take place and ask to speak to the jury clerk.
In your role as a juror, you will be called upon to decide important issues that affect the lives of people in your community. The promise you make in the juror’s oath to help decide a case fairly and impartially is one that must not be taken lightly.
Your specific job as a juror is to sit through the trial and to decide what the facts are based upon the evidence. Then you must make a final decision based on those facts and your application of the law, which the judge explains. The judge will tell you what is and what is not evidence in each case. The judge will also instruct you as to the law that applies in the case. After you decide the facts, based on the evidence, you apply those facts to the law that the judge gives you to determine whether the party who has the burden of proving the case (generally, the State in a criminal case and the plaintiff in a civil case) has met that burden.
Jury service is an essential obligation of citizens in a democratic society. As a citizen in your community, you are being called upon to resolve conflicts between people in civil cases and determine guilt or innocence in criminal cases. Your task is critical to a determination of what is justice.
There are a few things you must keep in mind as you serve as a juror. The most important is the Golden Rule for Jurors: treat everyone in the courthouse—particularly, the parties and the witnesses—the way you would like to be treated if you were appearing in court. If you were accused of a crime, involved in a civil case, or called as a witness, you would want the jury to treat you with respect and dignity regardless of the disposition or outcome of the case.
You should keep an open mind about the evidence in the cases you will hear. You should not form any preconceived ideas about the case or be influenced by anything other than the evidence produced at trial. This is what it means to be fair. Listen and observe carefully to everything that you hear and see. You will need to determine who is telling the truth when witnesses are asked questions. You must then listen carefully to your fellow jurors when you discuss the case privately. Everyone on the jury has a right to express his or her opinion and thoughts about the case. However, in the end, you should make up your own mind about the case and not be afraid to stand by your opinion if you think you are right.
It is also very important that you listen to what the judge says about bias and prejudice. You should not talk about the case with anyone until the judge tells the entire jury to discuss the case privately and reach a decision. You should not read or listen to any news about the case from the radio, television or newspaper. You should make sure to tell the judge immediately if you think for any reason that you cannot decide the case fairly and impartially—that is if you discover some personal connection to the case or if you feel you cannot be fair when making a decision.
This may seem like too many things to remember, but they will all become much clearer as you get familiar with the job of being a juror. There will be many people in the courtroom who will be depending on you and your good sense of fairness to help decide their case.
Here are just a few things to keep in mind when you begin your jury service:
· You should dress appropriately when coming to court. Appropriate attire consists of clothing that you would wear to a business meeting. You may not wear shorts, tank tops, beach shoes or t-shirts, or any clothing with offensive language or logos. Your clothes should be neat, clean and comfortable. As a juror, you are representing the court system and should dress consistent with the dignity of court proceedings. If you appear in court wearing unacceptable clothing, you may be ordered by the Judge to go home and return to the courthouse properly attired.
· Do not bring pagers and cell phones into the courthouse
· Do not chew gum or eat snacks during the proceedings. You will be given breaks during the proceedings when you can have a snack or something to drink.
· It is important to be on time when reporting for jury duty. The case cannot begin until all the jurors are ready. If you think you may be delayed for some reason, you should call the clerk’s office immediately.
· Remember not to talk to anyone about the case before the judge instructs you to. This means family members, friends or other jurors. If anyone tries to contact you or influence your decision, you should tell the judge or a court officer immediately.
· Everyone at the Superior Court will strive to treat all people fairly and with equal respect. Everyone entering a courthouse must be treated equally regardless of gender, race, religion, ethnic background, disability, sexual orientation, age, or ability to speak English. You should not make assumptions about a person because of any of these factors and should avoid remarks that may in any way be construed as discriminatory.
· FINALLY, remember to be fair and keep an open mind about what you hear and see during the proceedings. Set aside your personal feelings. By remaining impartial, you will be able to reach the best decision in this case for the benefit of your fellow citizens.
FREQUENTY ASKED QUESTIONS BY JURORS
What are the qualifications of a juror?
According to the law, a juror must be 18 years old, a citizen of the United States, a resident of the judicial district, and be able to read, speak and understand the English language. A juror must not have any physical or mental disability that would prevent him or her from performing satisfactory jury duty. A juror convicted of any felony that has not been annulled is not eligible to serve. Anyone summoned to jury duty who is seventy (70) years or older can be excused on request but is otherwise eligible to serve.
How are juries selected?
Juries are drawn to represent a cross section of the community. According to the law, very few people are exempt from jury service. You do not need to have any special skills, education, job experience or legal knowledge to be a juror. In New Hampshire, people who are called to serve as jurors are randomly selected from lists provided by the Division of Motor Vehicles and the town or city voter lists. These lists are provided to the Clerks of the Superior Court, who then send out a summons to each juror selected.
How can I be excused from jury service?
According to the law, no one is excused from jury service on a permanent basis. If you have a problem with serving at a particular time, it may be possible for the judge to defer your jury service to another month. You should speak to the judge about your problem. only a judge can make a decision about your jury service.
What is the jury summons I received in the mail?
This is the official notice that you receive from the Court that requires you to be a juror. You should read this notice carefully and follow the instructions on the summons. If you have questions, you should call the telephone number on the instructions.
How long will I have to serve as a juror?
According to the law, a juror can be required to serve no more than 30 days unless the juror is sitting on an ongoing trial, in which event the juror must serve until the end of the trial.
How much will I get paid to be a juror?
You are not compensated for the first day of jury service pursuant to Code of Civil Procedure § 215. You are compensated $15.00 per day and 34￠ per mile, one way, fir the second and subsequent days of service. Your payment will be computed at the completion of your jury service and a check mailed to your home address. Checks should be received within a few days after completion of service.
What will happen to my job during my service as a juror?
The law requires that your employer not hold the fact that you are called as a juror against you. Your employer could be found guilty of contempt of court if your position of employment is affected or you are threatened not to attend jury service.
What happens if I don’t show up for jury service?
If you do not obey the summons to jury duty and other rules of the court during your term of service, you will be subject to contempt of court proceedings. You could also be subject to criminal prosecution that could result in a misdemeanor charge (punishable by up to a $2,000 fine and 12 months in the House of Correction).
What is an alternate juror?
A jury normally consists of 12 jurors. In some cases, additional jurors may be selected to serve as alternates. The alternate jurors sit with the jury during the trial and can take the place of any juror who becomes ill or must be excused before the trial ends.
What is a foreperson?
Before the judge tells the jury to discuss and decide the case privately, the judge will either appoint a foreperson or ask the jury to select one. The foreperson should keep order during the deliberations and make sure that all jurors have a chance to freely express their views.
Can I take notes or ask questions during the case?
This will be up to the judge in each case. If a judge allows jurors to ask questions or take notes, the judge will explain the procedures. You should follow these procedures carefully.
Why are there so many delays during the trial?
Many times during a trial, jurors are asked to wait while the judge reviews legal matters with the attorneys trying the case. While it may seem like a lot of time is being wasted while the attorneys and judges are talking privately, you should understand that legal issues are frequently complex and may require large blocks of time to resolve. once these issues are resolved, however, the result is that the time of the trial is reduced and questions and evidence can move along more quickly. Rest assured that everyone connected with a trial wants the process to conclude as promptly as possible with the assurance that all parties are given an opportunity to present their case.
When can I talk about a case in which I participated as a juror?
Once a jury has returned the verdict in a case, the jurors are permitted to discuss the trial, verdict and deliberations with anyone they wish, other than the parties and their attorneys. No attorney, party involved in the case, or any person acting for them, is permitted to interview, examine or question any juror or member of the juror’s family for a period of 30 days after jurors have completed their jury service. After that time has passed, communication is permitted. However, jurors are not required to discuss any matter concerning their jury service with anyone unless they wish to do so. Jurors should let the court know if they are contacted within the 30 day period or if anyone has asked them questions or made comments that were calculated to embarrass or harass the juror or to influence his or her actions in future jury service.
You will be informed of when the trial is to start when you have been selected to serve on a jury. All trials follow an established order of events and the role of the jury is essentially the same in all of them.
The party that initiated the action—the plaintiff in a civil case or the State in a criminal case—will present its side first. The defense may then present its evidence. Then, sometimes the plaintiff or State will give additional evidence as rebuttal. The defense may then do the same. This order of presentation is one reason the jurors are told to form no opinions until the evidence is completed.
VIEW
A view is an opportunity for the jury to go to the scene of an accident or alleged crime. In the event a view is to be taken by the jury, the attorneys may make a pre-view statement and explain what the jury will see on the view. What the jury sees on a view is evidence and an aid in understanding the later testimony of witnesses.
OPENING STATEMENTS
After the view, if there is one, the attorney for the plaintiff (the party who brought the action) or the attorney for the State (in a criminal case) makes an opening statement telling the jury what the attorney expects to prove in the case. These statements are not evidence; they are merely a presentation of what the attorneys intend to prove during the trial. The attorney for the defendant may also make an opening statement directly either after the plaintiff/State opens its case or after the plaintiff/State has completed its case.
EVIDENCE
The evidence is the sworn testimony of witnesses or physical exhibits such as documents, records, weapons or various other articles and what you see on a view.
Most testimony will be given by witnesses who answer questions from the attorneys. The attorney calling a witness will question the witness first, in what is called direct examination. The opposing attorney may then question the witness in what is called cross-examination.
There are many complex rules about presenting or admitting evidence. These rules are applied in each case by the judge. It is the judge’s responsibility to make all decisions about what testimony, documents or other matters the jury can legally consider as evidence. The jury must never consider any matter that has been ruled inadmissible by the judge.
OBJECTIONS
Occasionally one attorney may object to an action or question by the opposing attorney, or to a statement by a witness. The judge will rule on the objection and the jurors must abide by the ruling. If the judge sustains the objection, the jury may be told to disregard the statement of the witness. In that case, the statement must not be considered as evidence and jurors must not use it in reaching their decision in the case.
Sometimes the judge will rule on the objection without comment by the attorneys. Sometimes the attorneys and the judge will discuss it in front of the jury. on other occasions, the discussion will be at the judge’s bench out of the hearing of the jury. In some instances, the jury will be asked to go temporarily to the jury room to allow full discussion in the courtroom on questions of law or procedure, which must be decided by the judge.
Understandably, jurors can get frustrated by frequent or long waiting periods in the jury room. All that can be asked of jurors is that they be patient because important issues of law or procedure are being resolved that are necessary to the proper presentation of evidence to the jury.
FINAL ARGUMENTS
When all parties have finished presenting their evidence, the attorneys will make their final arguments to the jury. The defendant argues first; then the plaintiff or State argues. These arguments are not evidence; they are merely the attorneys' comments on the evidence that has been presented and how it fits with their theory of the case.
JURY INSTRUCTIONS
After all of the evidence has been presented and either directly before or after the attorneys give their final arguments, the judge gives instructions to the jury. The instructions by the judge are extremely important because it is a statement of the law as it applies to that particular case. The jury must apply the judge’s instructions on the law to the facts of the case as they determine them.
DELIBERATIONS
The case is now in the hands of the jury. The jury must now try to reach a verdict in the case. Even at this point jurors should keep an open mind and respectfully consider the opinions of others. The free exchange of all ideas among the jurors is essential. If at first the jury is not unanimous, it must continue to discuss the case and try to reach a verdict. A juror should never be afraid to change his or her mind when it seems reasonable to do so. A juror should not change his or her mind, however, unless convinced that the change should be made. To reach a verdict the jurors must weigh and consider the evidence that was presented according to the judge’s instructions on the applicable law. No other matters should be considered. Jurors must not be swayed by prejudice or sympathy.
VERDICT
The jury must reach the final verdict by reason and careful deliberation. In all cases, the verdict must be unanimous—that is, all the jurors must agree with the verdict.
When a verdict has been reached in a criminal case, the court officer will communicate with the judge and court will be called back into session. The jury will return to the courtroom and in the presence of the judge, the parties and their respective attorneys, the verdict is announced aloud in open court by the foreperson. At this point, the jurors may be asked individually whether they agree with the verdict.
In a civil case, the verdict will be delivered according to the judge's instructions.
After the verdict, the jury will be discharged to return to their homes and personal affairs until they are next needed in court.
APPEAL – a complaint to a higher court that an injustice was done or that a mistake was made in a trial. The higher court is asked to correct or reverse the decision of the trial court by reviewing the lower court record.
APPROACH THE BENCH – a request by the judge or attorneys for a private discussion with the judge at the bench about an issue of law or procedure, which is necessary to the proper presentation of evidence to the jury.
CIVIL CASE – a lawsuit between persons in which the plaintiff usually seeks money damages.
COUNSEL – another word for attorney, sometimes used to refer to all attorneys collectively.
COURT – often used in place of “judge” since a judge acts for the court system and not as an individual.
COURT SECURITY OFFICER (BAILIFF) – court security officers (bailiffs) will be assigned to assist jurors during the trial and to protect the jury from outside influences. Any question that may arise during the trial should be addressed to the bailiff who will take it to the judge.
CROSS-EXAMINATION – the questioning of a witness by an attorney other than the one who called the witness to testify.
DEFENDANT – person against whom a suit is brought in a civil case or a person charged with a crime in a criminal case.
DELIBERATE – to weigh, consider and discuss the evidence given in a trial in order to reach a verdict.
DEPOSITION – the sworn testimony of a witness taken outside of the court, written down and used during the trial. A deposition is often used when a witness is not able to be in court personally.
DIRECT EXAMINATION - the questioning of a witness by the attorney for the party who called the witness to testify.
EVIDENCE - the sworn testimony of witnesses, physical exhibits, a view of the scene or other matters allowed in the trial for the jury to consider.
FELONY – a criminal case brought by the State of New Hampshire for which the law provides for a maximum punishment of one year or more in prison.
MOTION TO STRIKE – a formal request to the judge not to allow testimony to be considered as evidence after it has been spoken by a witness. The judge will instruct the jury to disregard what was said if the motion is granted.
OBJECTION OVERRULED – the judge denies an objection. The matter offered as evidence becomes evidence.
OBJECTION SUSTAINED – the judge upholds an objection and the matter offered as evidence is not allowed in the case.
PARTY – the State of New Hampshire in a criminal case, the plaintiff in a civil case and the defendant in a criminal or civil case.
PLAINTIFF – person or group seeking damages in a civil case.
PROSECUTOR – person who brings charges on behalf of the State in a criminal case – usually a county attorney or an attorney from the attorney general’s office.
SEQUESTER – to keep members of the jury together at all times and apart from their normal contacts so that there is no chance they will see or hear anything about the case until they have reached a verdict.
TESTIMONY – evidence given by a witness under oath.
VERDICT – the formal decision of a jury on the questions given to the jury by the judge. Everyone on the jury must agree to the verdict.
WITNESS – a person who gives testimony during a case. Usually this is a person who tells what he or she has seen, heard or knows about the case.
The following oath shall be administered to petit jurors in criminal cases:
You solemnly swear or affirm that you will carefully consider the evidence and the law presented to you in this case and that you will deliver a fair and true verdict as to the charge or charges against the defendant. So help you God.
The following oath shall be administered to petit jurors in civil cases:
You swear that, in all cases between party and party that shall be committed to you, you will give a true verdict, according to law and evidence given you. So help you God.
Glossary: Common Words and Phrases
Admonishment : An authoritative statement made to the jury by the judge regarding their conduct as jurors.
Anonymous : A person's identity is unknown or withheld from others' knowledge.
Ascertained : Determined; proved to be true.
Bailiff : An officer from the sheriff's department who maintains courtroom order and jury custody. Sometimes also known as a deputy.
Beyond a reasonable doubt : In a criminal case, the accused's guilt must be established "beyond a reasonable doubt." Proof beyond a reasonable doubt is proof that leaves you with an abiding conviction that the charge is true.
California Labor Code : A collection of laws regarding the broad spectrum of activities concerning the relationship between employers and employees.
California Rules of Court : The rules that regulate the practices and procedures in state court.
Challenges : The law authorizes the judge and the lawyers to excuse individual jurors from service in a particular case for various reasons. If a lawyer wishes to have a juror excused, he or she must use a "challenge" for that juror. Challenges, or reasons to dismiss a juror, are of two kinds:
a. For cause - The law sets forth a number of reasons that jurors may be excused "for cause." For example, a juror who is related to or employed by one of the parties in the case may be excused for cause. There is no limit to the number of for cause challenges that may be used.
b. Peremptory - Each side in a case has a certain number of challenges that can be used without giving a reason. These are called peremptory challenges. Each side may ask the judge to excuse particular jurors. If a juror is excused, this does not imply something bad and does not mean the juror is not competent in any way. It frequently happens that a prospective juror will be excused in a certain case and later accepted in another. The number of peremptory challenges has been established by the Legislature.
Civil case/civil suit : A lawsuit that is between two or more individuals or corporations involved in a dispute and that is usually seeking a judgment awarding monetary damages.
Common law : The body of law derived from judicial decisions, rather than from constitutions or statutes.
Compulsory : Compelled; mandated by legal process or by statute.
Constitution of the United States of America : The fundamental law of our nation. It establishes the character and organization of America's sovereign power and the manner of its exercise. Also, the document that contains the nation's guiding rules and principles, the descriptions of the power of the federal government, and the essential rights of the people.
Controversy : A disagreement or a dispute that requires a definitive determination of how the law applies to the facts that are asserted to be true.
Counsel : one or more lawyers who represent a client.
Criminal prosecution/criminal case : The act of pursuing a criminal trial, where the state charges someone with a crime.
Degree of proof : The amount of proof necessary to prove a case. In a criminal case, such proof must be beyond a reasonable doubt. In civil cases, the standard is proof by a preponderance of the evidence.
Deliberations : After a trial, the jury goes into its assigned private room to think about and discuss evidence and testimony to help it reach a verdict.
Directed verdict : After evidence has been presented and if no issue of fact remains for the jury to determine, the judge will tell the jury what verdict to return. The jury must return that verdict.
Disqualification : The condition of having been rendered unfit to serve.
Eligible/eligibility : Every person who is at least 18 years of age, a citizen of the United States, and a resident of the respective county, able to understand the English language, not currently serving on any other jury, and who has not been convicted of a felony is eligible to serve as a juror (Code Civ. Proc., § 203).
Evidence : Any type of legal proof presented at trial through witnesses, records, and/or exhibits.
Exemptions/excuses/postponements : By law, no one who meets the basic criteria is automatically exempted from service. The law does provide for hardship excuses. Hardship is defined by law and includes no reasonable transportation, excessive travel, extreme financial burden, undue risk to physical property, physical or mental impairment for those over age 70, public health and safety, or no alternate care for another. If you believe you fall in any of these categories, contact your local jury office . Postponement may be available if you have health problems, a paid vacation, or other personal commitments that cannot be rescheduled at the time you are initially called. If you have already received one postponement during the past 12 months, you will probably have to come to court and speak to a judge to further delay your service.
Exhibit : Document or material object produced and identified in court as evidence in a case. Each of these documents or objects is ordinarily given an identifying letter or number in alphabetical or numerical sequence when it is offered as evidence.
Felon : A person convicted of a serious criminal offense punishable by imprisonment exceeding one year.
Foreperson : Often called the "presiding juror." At the beginning of deliberations, the jury votes to select one of its members to be the foreperson. The jury foreperson's duty is to preside and see that discussion during deliberations is carried on in a free and orderly manner, that the case and issues are fully and freely discussed, and that every juror is given a chance to participate in the discussion. As the deliberations conclude, the foreperson counts the votes and completes and signs the verdict form.
Impartial : Without bias, prejudice, or other preconception. The members of a jury should have no opinion about or vested interest in a case at the start of the trial and should base its verdict only on competent legal evidence presented during the trial.
Instruction : The guidelines given by the judge at the beginning and end of a trial that explain what the law in the case is and how the jurors should evaluate the evidence.
Jury pool : The group of prospective qualified jurors appearing for assignment to trial jury panels.
Jury summons : The papers sent to potential jurors that require their attendance in court for possible service on a jury. California courts summon jurors to the courthouse no more than once in any given 12-month period.
Jury selection : The process by which jurors for a particular trial are selected from the larger group of potential jurors summoned to the courthouse. The trial court judge sends a request to the jury assembly room for a panel of prospective jurors to begin the jury selection process in his or her courtroom. once the jurors arrive in the courtroom, the judge and lawyers ask the jurors questions for the purpose of determining whether jurors are free of bias, or prejudice, or anything might interfere with their ability to be fair and impartial.
Litigants : Any persons or groups engaged in a lawsuit.
One-day/one-trial : California courts have adopted the one-day or one-trial system. one day or one trial means that prospective jurors have to come to the court only once. If you are not assigned to a courtroom for jury selection on the first day, then your term of service is complete. If you serve on a jury, you will not be required to report for jury service for at least another 12 months.
Pending : In process; not yet decided.
Perjury : A false statement made willfully and knowingly while the speaker is under oath in a court proceeding.
Polled/polling : Calling the names of the jurors and having them state what their final verdict is before it is recorded.
Postpone : To put off until later.
Postponement : Permission to put off serving as a juror until a later time. A postponement may be available if you have health problems, a paid vacation, or other personal commitments that cannot be rescheduled at the time you are initially called for jury service. See also exemptions/excuses.
Preponderance of the evidence : Greater weight of evidence, or evidence that is more credible and convincing. Refers to the amount of proof required to win in a civil case. It is that degree of proof that is more probable than not (lower standard than that required in criminal cases).
Propound : To offer for discussion or consideration.
Prosecutions : Criminal legal proceedings.
Prospective : Likely to come about, relating to or effective in the future.
Reimbursement : Specific payment for out-of-pocket expenses.
Sequestration : A sequestered jury is usually housed together at night in a hotel and prohibited from contacting people outside of the court. Sequestration rarely occurs and is meant for jurors' protection. It may be used to keep jurors away from the media during a controversial trial where widespread news coverage could influence a juror's decision. In rare cases, there may be attempts to influence the jurors' deliberation through threats.
Source list : The list or lists from which citizens are selected to receive a jury summons in California. Potential jurors are selected randomly from the voter registration list and the Department of Motor Vehicles' lists of drivers and identification card holders.
Subpoena : A subpoena is an official order to attend court at a stated time. The most common use of the subpoena is to summon witnesses to court for the purpose of testifying in a trial.
Testimony : Evidence given by a witness under oath.
Unable to serve : If you have health problems, a paid vacation, or other personal commitments that cannot be rescheduled at the time you are initially called, a postponement may be available. If you have already received one postponement during the past 12 months, you will probably have to come to court and speak to a judge to further delay your service.
Unanimous : Twelve jurors serve on a jury trial, except when the parties in civil or misdemeanor cases agree that there may be fewer than 12. A decision is unanimous when the full jury in a criminal case or three-quarters of the jury in a civil case have agreed upon the verdict. once a verdict has been reached, the jury is brought back into the courtroom. The verdict must be in writing, signed by the foreperson, and must be read to the jury by the court clerk or the judge.
Verdict : The formal decision or finding made by a jury, which has been impaneled and sworn for the trial of a case, and reported to the court.
Voir dire : From old French, the legal phrase means "to speak the truth" or "to see them say." Voir dire is the preliminary examination of a prospective juror by a judge or lawyer in the case to decide whether that person can serve on the jury.
Witness : one who can give a firsthand account of something seen, heard, or experienced.
http://www.courts.ca.gov/juryservice.htm
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