Office
of Jury CommissionerThe TRIAL JUROR'S
HANDBOOK
Office
of Jury Commissioner
The TRIAL JUROR'S
HANDBOOK
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OFFICE OF JURY COMMISSIONER,
560 HARRISON AVENUE, SUITE 600
BOSTON, MA. 02118-2447
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The information in this handbook is general. It is not intended to take the place of the instructions of the judge. In the event of conflict, the judge's instructions must be followed.
This handbook has been prepared with the guidance and supervision of the Jury Management Advisory Committee. Comments and suggestions for the improvement of the handbook are welcome.
I trust that you will find your juror service an interesting and rewarding experience.
Respectfully,
Jury Commissioner for the Commonwealth
March 1998, Sixth Edition
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Q. How do I get to the courthouse? Where will I park my car? Where will I eat lunch?
A. Maps, directions, and an
indication of parking availability will be mailed to you as an appendix to this handbook
approximately 10 days prior to your scheduled day of service. The jury officer will give
you the location of local restaurants on your first day of service. You will have to pay
for your lunch. You may bring a lunch, but refrigeration is not provided.
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Q. Whom should I notify in the event I cannot appear for juror service?
A. The Jury Commissioner
information telephone number is 1-800-THE-JURY [1-800-843-5879] and is only accessible
from within Massachusetts. You may call the information number in the event that you
cannot appear for juror service on your first scheduled day of service. However, if you
have been selected for a trial and cannot appear on your second day of service, or any day
thereafter, you must call the courthouse directly. You must be seriously ill or involved
in an emergency. The court is very strict. Remember, the judge, parties, lawyers,
witnesses, court personnel, and other jurors are relying on your presence.
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Q. How long must I serve as a juror?
A. Your juror service will be as
short as possible. If you are seated on a jury at the end of your first day, you must
complete that trial. Most trials do not last longer than two or three days. If you are not
seated on a trial at the end of your first day, you will be discharged at that time unless
a judge orders otherwise. It is unusual for a juror to serve more than three days.
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Q. What will be my hours as a juror?
A. Jury trials ordinarily are
conducted between the hours of 9:00 A.M. and 4:30 P.M., with a one-hour recess for lunch.
However, on the first morning of your juror service, you must report earlier for an
orientation program. The exact time is stated in your summons or subsequent notice.
The trial judge controls courtroom activities. If you are impaneled on
a jury, the judge will give you specific instructions on when you must report and when you
may leave. If you are not impaneled on a jury, the officer in charge of jurors will
discharge you as early as possible. Immediately prior to the lunch recess, the officer
will call all of the trial sessions to determine if jurors may be needed during the
afternoon. If there is no foreseeable need, all jurors will be discharged at that time. If
there is a need, a sufficient number of jurors will be required to return after lunch and
the remainder will be discharged. Even if you are required to return after lunch, you will
be discharged as soon as it has been determined that you will not be needed.
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Q. What should I wear?
A. Sitting on a jury is a serious
occasion. Clothes appropriate to such an occasion should be worn. It is important that a
juror's appearance and attitude reflect that seriousness.
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Q. I received a standby juror notice. What does it mean?
A. If you receive notice informing
you that you are a standby juror, you must be prepared to serve on the date designated in
your summons or subsequent notice. However, you must call the standby telephone number at
the courthouse anytime after 3:00 P.M. on the court day before your first day of juror
service. The purpose of this call is to give you last-minute instructions as to whether or
not you will have to appear. Be sure to use the telephone number provided in your standby
juror notice. Be sure to make the call only during the designated period. The court will
use a prerecorded message on an automatic telephone answering device. If you are
instructed in the message not to report for juror service, you will have fulfilled all of
your obligations for the calendar year only. If the message informs you that you must
report for juror service you must appear as scheduled. An unexcused absence will be
subject to the penalties set forth in your summons. Not all jurors are standby jurors. Do
not assume that you are a standby juror unless you receive a separate notice stating that
you are a standby juror.
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Q. How do I find out if my juror service has been cancelled or postponed in a snow emergency?
A. There is a snow-emergency
telephone line which you may call during a major snowstorm or other public emergency. This
special telephone number will be given to you approximately two weeks prior to your first
day of juror service. Also, you should listen to your local radio stations. It is very
rare that juror service is cancelled or postponed. Unless you hear specifically that your
juror service has been cancelled or postponed, you should assume that it will be held as
scheduled.
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Q. Will I be informed if a trial is going to be a long trial?
A. Occasionally there is an
extended trial. In the event a trial is expected by the court to last more than three
days, the trial judge shall announce this fact to jurors before the jury is impaneled. The
trial judge may excuse a juror from performing juror service on such an extended trial
upon a finding of hardship, inconvenience, or public necessity taking into consideration
the expected length of the extended trial, but any juror so excused shall otherwise
complete the term of juror service.
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Q. If I have a problem concerning my juror service, will I be given an opportunity to discuss it with a judge?
A. You should make an attempt to
resolve any personal problems prior to your first day of juror service by calling the Jury
Commissioner's information telephone number listed above. On your first day of service the
court shall hold a private hearing with each juror or employer of a juror who requests to
be heard. The purpose of such hearings is to dispose of all urgent personal problems of
jurors and employers as to possible postponements, limitations on the length of juror
service, compensation, reimbursement, qualifications for juror service, and any other
condition of juror service.
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Q. What happens if there is an emergency while I am serving on the jury?
A. In an emergency, the judge can
excuse you at any time during the trial even during jury deliberations. If excused, your
place on the jury can be filled by an extra juror. Of course, the emergency must be real,
and the judge will decide.
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Q. Suppose there is an emergency at home while I am serving on the jury. How will my family contact me?
A. In an emergency, you may be
contacted at the courthouse.
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Q. What do I do if I am not feeling well or have some personal problem while serving on a jury?
A. You should be as comfortable as
possible during your juror service. If you require assistance, bring the matter to the
attention of the court officer. If the court officer cannot resolve your problem, the
officer will notify the judge. If you cannot hear a witness or if you have to use the
restroom during the trial, raise your hand and let the judge or court officer know of your
problem. It is extremely important that you hear the testimony of each witness. Do not
hesitate to raise your hand if you cannot hear or if you have a personal problem.
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Q. I work a Night Shift. What is considered to be my first day of juror service?
A. A juror's primary obligation is
to perform juror service. A juror must be free of compulsory non-jury work assignments
insofar as any such assignments might interfere with the juror's availability,
effectiveness, or peace of mind. Applying these principles to night shifts, a juror shall
not be required to work beyond midnight on the day preceding the first day of juror
service. In addition, a juror shall not be required to work a night shift during the term
of juror service.
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Q. Will my employer pay me while I am serving on a jury?
A. The law requires that each
regularly employed juror shall be paid regular wages by the employer for the first three
days, or part thereof, of juror service. Regular employment shall include part-time,
temporary, and casual employment. If you are on the jury for more than the three days, the
state will pay you $50 per day after the third day. Many employers as a public service or
under union contract will compensate an employee even after the third day so that the
employee will not suffer financial loss because of juror service.
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Q. My employer requires proof of my term of juror service in order to pay me for my first three days, or part thereof. Will I receive any documentation proving that I actually appeared at a courthouse and served as a juror?
A. Each week, the Office of Jury
Commissioner will mail juror service certificates to those jurors who have performed juror
service during the previous week. A juror who seeks compensation from an employer for
juror service should give the employer's copy of the service certificate to the employer
as soon as possible after its receipt.
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Q. What if an employer cannot afford to pay an employee for juror service?
A. An employer may appear before a
judge and explain why the duty to pay an employee for the first three days of juror
service would cause extreme financial hardship. If the judge excuses the employer, the
state will pay the employee up to $50 per day from the first day of juror service. The
judge may be reluctant to grant this excuse since most businesses are equipped to bear the
occasional absence of an employee.
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Q. I am self-employed. Who will pay me for juror service?
A. A self-employed person is
treated no differently than any other employer. Self-employed jurors must compensate
themselves for the first three days of juror service unless they can demonstrate extreme
financial hardship to the judge. Under our jury system, the average citizen will serve
less than one day per decade. Even a judge may be reluctant to excuse self-employed people
from the duty to compensate themselves for the first three days of juror service. If you
serve more than three days, the state will pay you up to $50 per day after the third day.
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Q. I am a homemaker. Who will pay me for juror service? Who will pay a student, retired, or unemployed person?
A. A homemaker, student, retired,
or unemployed person may be reimbursed for reasonable out-of-pocket expenses (except food)
incurred during the first three days of juror service. If you serve for more than three
days, the state will pay you $50 per day after the third day.
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Q. How do I claim reimbursement? When will I receive payment?
A. If you claim out-of-pocket
expenses, you must inform the officer in charge of jurors before the juror orientation
program begins on your first day of juror service. If your claim is within prescribed
guidelines, the officer will complete a form which you must sign. Otherwise, you will have
to appear before the judge. The judge will decide whether or not you are entitled to
reimbursement and, if so, the appropriate amount. If you are entitled to reimbursement,
you will receive a check in the mail in approximately two weeks.
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Q. If I am being paid by my employer or the state for juror service, am I entitled to be reimbursed for travel?
A. No. Your employer does not
reimburse you for commuting to work. The same reasoning applies when you travel to serve
as a juror. The only jurors who are entitled to be reimbursed for travel are those who are
not being compensated by their employers or the state.
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Q. Will I have to wait for long periods in the juror assembly room?
A. You should be prepared for a
certain amount of waiting in the assembly room. Cases start at different times during the
day. You may be called to a courtroom for possible impaneling on a jury early or late in
the day. There are limited reading materials provided for jurors, so it is advisable that
you bring reading materials with you.
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Q. What is the likelihood that I will actually be impaneled on a jury?
A. The overall probability is
about fifty percent. However, it varies considerably from day to day. On some days, there
is a high demand for jurors. Jurors not impaneled on their first trip to the courtroom may
be sent to a second courtroom for possible impaneling. On other days, there is a low
demand for jurors. This happens because more cases than expected are settled or are
resolved without a jury or because ongoing cases last longer than expected. On these days,
some jurors may never be sent to a courtroom for impanelment.
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Q. How was I selected for juror service?
A. You were selected at random by
a computer from population lists. Each year, each city and town compiles a list of all of
its residents. Jurors are selected from these lists. Some people think that if they do not
register to vote they will not be selected as a juror. This is wrong. Any person who is a
resident of a city or town (and who meets certain other basic requirements such as being
over eighteen years of age and able to speak and understand the English language) may be
selected as a juror, even if not registered to vote.
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Q. Are many people excused from serving on a jury?
A. No. Juror service is a civic
duty which every citizen must perform. Doctors, nurses, lawyers, clergy, homemakers,
legislators, police, firefighters, public officials, executives, laborers, teachers,
students, and judges must serve. Your fellow jurors will be men and women, young and old,
rich and poor - from different ethnic origins and religious backgrounds. The law has no
class exemptions. Judges excuse some people based on individual incapacity. You will soon
be able to verify that jurors represent a cross-section of the community by your own
observations of your fellow jurors.
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Q. Why is a jury required? Why does the court need juries to decide cases?
A. In our society, the government
has limited powers over the people. Citizens from all walks of life participate every day
in the administration of justice through the jury system. When the court impanels a jury,
the court is carrying out the instructions of the Constitution. When you serve as a juror,
you are exercising one of the rights that the people have reserved for themselves. Many
injustices have been suffered by people in other countries when a king or dictator has had
absolute power over the people. In this country, a citizen cannot be convicted by the
government of a serious crime unless a jury, representing the people, consents with its
verdict. This is why the right to a jury trial is a sacred right of our people. This is
why it is a duty for every citizen to serve and to represent the people on a jury when
selected for that purpose.
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Q. What is a court?
A. A court is an official agency
of government empowered to resolve disputes. Disputes may arise between private parties
and between the government and private parties. In a jury trial, the court consists of the
judge, jury, and lawyers working as a team to resolve a dispute.
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Q. What is a criminal case?
A. A criminal case is a dispute
between the government and an individual (or corporation) in which the government is
represented by a prosecutor, usually an assistant district attorney. The accused, called
the defendant, is represented by an attorney, referred to as a defense counsel.
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Q. What is a civil case?
A. A civil case is a dispute
between two parties in which the first party, called the plaintiff, accuses the second
party, called the defendant, of violating some rule of civil law which has caused injury
or damage to the plaintiff. The plaintiff seeks money damages from the defendant. Either
party may be an individual or a corporation. The government also may be a party in a civil
case. The plaintiff starts the legal action against the defendant. For example, the
purchaser of a new house (plaintiff) may sue the seller (defendant) claiming that the
seller violated the sales contract because the house was defective in that the roof
leaked. The plaintiff-buyer might seek money damages from the defendant-seller to pay for
the repair of the roof.
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Q. How does the court resolve cases?
A. The court takes two steps in
resolving disputes. First, it determines the truth or facts - what really happened in the
dispute. Second, it applies the proper rules of law to the facts in order to resolve the
dispute.
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Q. What does the jury do in resolving cases?
A. The jury finds the truth. It
decides the facts. This is the major function of the jury - to find the truth. The jury
does not decide the rules of law to be applied to the facts in the case.
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Q. What does the judge do in the trial?
A. The judge performs several
functions. The judge guides and controls the conduct of the entire trial. The judge
presides over the presentation of the evidence to the jury by the parties. It is the
judge's responsibility to see that the jury hears and sees only the evidence that is
legally admissible. After all of the evidence has been presented to the jury, the judge
tells the jury the proper rules of law required to resolve the case. When the judge tells
the jury what the rules of law are, this is called the judge's charge or judge's
instructions to the jury.
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Q. What do the lawyers do in the trial?
A. The lawyers represent and
advise their clients on all aspects of the trial. The lawyers usually make opening
statements in which they tell the jury what evidence they expect to produce. Lawyers may
present to the jury the evidence essential to their client's claims or defenses. They may
attempt to demonstrate to the jury weaknesses in the evidence of the opposing party. The
lawyers present evidence primarily by asking questions of witnesses. When a witness is
produced for one's own client, the lawyer's questioning is called "direct
examination" of the witness. When the witness is produced for the opposing party, the
lawyer's questioning is called "cross-examination" of the witness. In their
closing arguments, the lawyers may review and sum up the evidence, comment on the
reliability or unreliability of various witnesses, urge inferences favorable to their
clients, and attempt to persuade the jury of the merits of the claims of their clients.
During the trial, the lawyers may present arguments to the judge on points of law and
legal procedure. These legal points are often discussed at the judge's bench out of
hearing of the jury to avoid the accidental disclosure to the jury of inadmissible
evidence.
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Q. What is evidence?
A. Evidence includes testimony,
i.e., the answers to the questions put to witnesses, and writings (contracts, letters,
etc.) or physical objects called exhibits (such as photographs, weapons, etc.). Not
everything heard and seen in the courtroom is evidence. The opening statements and closing
arguments of the lawyers are not evidence. The lawyer's questions are not evidence. Even
the statements and instructions of the judge are not evidence. The judge, in instructions
to the jury, will explain exactly what the evidence is in any particular case.
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Q. What is meant by a jury's taking a view?
A. If the judge decides that it is
proper and desirable for the jury to view any of the locations described in a trial,
arrangements will be made for the jury as a group to make a visit. A juror should never
make a private investigation or take a private view. The observations made by a jury on an
authorized view are evidence.
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Q. What are jury deliberations?
A. After the jury has heard and
observed all of the evidence and after the judge has given the instructions of law to the
jury, the jury is sent to a private room to make its decisions in the case. The process by
which jurors discuss and evaluate the evidence among themselves in a private room is
called jury deliberations.
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Q. What is meant by the rule that a case must be decided solely on the evidence?
A. This means that you must decide
the case only on the evidence presented to you in the courtroom or on an authorized view.
You should not consider anything you may have heard or seen outside the courtroom or
anything you may have read in the newspapers or anything you may have seen or heard on
television or radio.
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Q. How is the foreperson of the jury selected? What does the foreperson do?
A. The trial judge selects the
foreperson immediately after the jury has been impaneled. The foreperson is a
discussion-leader of the jury during its deliberations. It is similar to being the
chairperson of a committee or moderator of a group. The foreperson should encourage a full
and free exchange of comments, observations, and opinions from all members of the jury.
The foreperson should ensure that only one person speaks at a time, that every person has
an opportunity to express views, and that no person monopolizes the deliberations. The
foreperson also has the responsibility for communicating requests or questions on behalf
of the jury to the judge and to report the jury's verdict to the clerk and judge in the
courtroom. The foreperson should express opinions during deliberations, but these opinions
are entitled to no more or less weight than those of other jurors. When votes are taken,
the foreperson has one vote.
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Q. What is a verdict?
A. During its deliberations, the
jury decides the facts and applies the judge's instructions of law to them. At the
conclusion of its deliberations, the jury must resolve the case by reaching a verdict. The
verdict is the final decision of the jury. It resolves the case. Verdict means to speak
the truth. In a criminal case, the verdict is "guilty" or "not
guilty." In a civil case, the verdict is "for the plaintiff" or "for
the defendant." If the verdict is for the plaintiff, the jury also decides, as part
of its verdict, the amount of money damages the defendant must pay to the plaintiff. In
some cases, the judge may direct the jury to answer special questions that relate to
issues in the case.
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Q. What is the size of a jury?
A. In the Superior Court
Department, a jury consists of twelve persons. In the District Court Department, a jury
usually consists of six persons. The judge will impanel one or more extra, or alternate
jurors, in case a juror should become ill or be excused because of an emergency. The
alternate jurors are not designated as such until immediately prior to jury deliberations.
At that time, they are selected at random from all jurors except the foreperson. No juror
should feel like a "second-stringer" during the trial. If an alternate juror
should replace a juror during deliberations, the alternate has all of the powers and
responsibilities of the other jurors.
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Q. In order to reach a verdict, what consensus must be reached?
A. In every criminal case, there
must be unanimous agreement, i.e., all members of the jury must agree before the verdict
can be reached. In a civil case, ten jurors of a twelve-person jury must agree to a
verdict.
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Q. How should I act during deliberations?
A. Generally speaking, the jury is
free to determine the procedures it will follow during deliberations, as long as the
judge's instructions are followed. Some judges suggest that it is not a good idea to take
a vote at the outset. This may result in some jurors digging in their heels at the start
of deliberations - that is, feeling that they must stick to a certain conclusion before
they have a chance to hear what other jurors think about the evidence. You should enter
the deliberations with an open mind. You should not hesitate to change your opinion if it
is shown to be wrong. You should not give up any opinion which you are convinced is
correct. You should make a step-by-step analysis of the evidence you have heard and seen,
trying to fit together the pieces of the factual puzzle which are most credible. No juror
should dominate the discussion. No juror should remain quiet and leave the speaking to
others. Everyone should participate. Each juror should be respectful and tolerant of the
opinions of the other jurors. The jury should work together, analyzing the evidence,
deciding what facts have been proved and what facts have not been proved. After you have
determined all of the facts, apply the rules of law that the judge has given to you. Only
then are you ready to reach a verdict. There is only one triumph in the jury room - that
of ascertaining and declaring the truth.
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Q. Being a juror is very difficult. What if I am not smart enough to be a good juror?
A. Remember that the function of a
jury is to find the truth. Jurors have to decide which evidence to believe and which
evidence not to believe. It is wrong to think that an individual who is highly educated is
better equipped to determine which witnesses are telling the truth and which are not
telling the truth. Moreover, the jury's verdict is a group decision. It is not the
decision of any single person. You should have confidence in our Constitution which
requires citizens, like you, to participate on a jury. If you forget a point, another
juror may remember it; and you may remember a point that another juror has overlooked. For
many centuries, our jury system has worked well with citizens serving as jurors.
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Q. Suppose there is a lawyer or other professional person on the jury with me. Should I agree with whatever the person says?
A. Not necessarily. The special
education of the lawyer or other professional person does not make for better
qualification to determine which evidence is true and which is not true. You should not
agree automatically. You should agree if your independent analysis of the facts and truth
is the same. Another important point is that only the judge's instructions can tell the
jury what are the appropriate rules of the law. The judge gives the legal issues in the
case a great deal of study. It is the judge's responsibility to provide the jury with the
correct rules of law in the instructions. All members of the jury, including lawyers and
professional persons, are bound to apply the rules of law that the judge gives to them.
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Q. What are the most important qualifications of a juror?
A. The most important
qualifications of a juror are fairness and impartiality. The juror must be led by
intelligence, not by emotions. You must put aside all bias and prejudice. You must decide
the facts and apply the law impartially. The juror must treat with equal fairness the rich
and poor, the old and the young, men and women, corporations and individuals, government
and citizens, and must render justice without any regard for race, color, or creed.
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Q. Before I am selected for a particular jury, will I be asked questions?
A. Before a jury is impaneled, the
judge ordinarily will acquaint the jurors with the parties, witnesses, and circumstances
in the case. The judge will ask the jurors as a group some or all of the following
questions (or similar questions): Do you know any of the parties involved in this case? Do
you know any of the witnesses? Do you know any of the lawyers? Do you have any prior
knowledge of this case through your personal knowledge or by your reading about it in the
newspapers or hearing about it on television or radio? Have you formed or expressed an
opinion about this case or about this type of case? Do you have any bias or prejudice
against either side? Do you have any personal interest in the case? Is there any other
reason why you would not be impartial if you served as a juror in this case? The questions
are intended to insure that the jurors will be fair and impartial. If your answer to any
of these questions is "yes," or if there is any reason why you cannot be
indifferent in the case you should raise your hand and bring the matter to the attention
of the judge. The judge will then decide whether or not you should be excused from that
case.
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Q. What is a challenge for cause?
A. In rare instances, usually very
serious cases, the judge will ask questions of the jurors individually before the jury is
impaneled. A judge may permit the lawyers to ask questions of the jurors under his or her
supervision. These questions are intended to determine whether the juror can be impartial
and fair in the case. Whenever the questioning discloses some reason why the juror might
not be disinterested or indifferent in the case, the judge may excuse the juror from the
particular case. This is known as a challenge or an excuse for cause.
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Q. What is a peremptory challenge?
A. In addition to challenges for
cause, the parties through their lawyers may challenge a limited number of jurors without
giving any reasons. The lawyer simply asks that a certain juror be excused, and the judge
will excuse the juror. This type of challenge or excuse is called "peremptory."
Usually parties or lawyers who exercise peremptory challenges have reasons which seem
sound to them for doing so. If you or a fellow juror are challenged peremptorily, you
should not be offended or embarrassed. Remember, the peremptory challenge is simply a part
of our justice system which gives the parties, through their lawyers, limited control over
which jurors are impaneled in the case.
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Q. May I take notes during the trial?
A. Some judges permit jurors to
take notes during the trial. Other judges do not. You will have to follow the instructions
of the judge. Even if you are permitted to take notes, you must be mindful that you are
seeking the truth. Notes are just a memory aid. You should not permit note-taking to
interfere with your concentration on the evidence or your ability to observe the demeanor
of the witnesses. During deliberations, you must realize that just because you have noted
a fact does not necessarily mean that the fact is true. At the conclusion of the trial,
the clerk or court officer will collect and destroy all notes from all jurors.
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Q. How should I act as a juror outside the courtroom? May I discuss an ongoing case with anyone?
A. While you are serving on a
jury, you are part of the court. Indeed, jurors are "judges of the facts." It is
important that you act as a judge. Not only must you be fair and impartial in the jury
pool, you must appear to be fair and impartial at all times and in all places while you
are on the jury. You should not talk to any lawyer, party, witness, or newsperson
concerning an ongoing case. No matter how innocent such a conversation might be, it may
appear improper to others, especially those whose rights and property are at stake in the
trial. If any individual attempts to discuss an ongoing case with you, refuse to discuss
the case and tell a court officer or clerk about the incident. You may see or hear
lawyers, parties, witnesses, or newspersons in the hallways, elevators, cafeteria, or on
the street. Do not discuss the case. If someone starts to discuss the case in your
presence (even if the conversation is not directed to you), immediately interrupt and
advise that you are a juror and the case must not be discussed in your presence. If the
individual persists, you must inform a court officer or clerk of the episode. You should
not discuss an ongoing case with your family, friends, or neighbors. Your family and
friends will respect your serious approach to being a juror. You should not discuss an
ongoing case even with a fellow juror except during deliberations. At that time, all of
the evidence will have been presented and your opinions as well as those of your fellow
jurors will be shared with all members of the jury. In summary, you should refuse to
discuss an ongoing case with anyone, except during deliberations.
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Q. When the case is completed, will I be subject to questioning about my work as a juror?
A. Unless ordered or authorized by
the court, counsel, litigants and their agents have no authority to question you about
your work as a juror. Occasionally, a court will be persuaded by the attorneys that the
interests of justice may require the interrogation of jurors. Such interrogation will take
place at the direction of and under the supervision of the court. In that way, the
integrity of the judicial system is preserved and jurors are not subject to harassment.
You should know that there is no rule which requires you to discuss your juror service on
a particular case with anyone after the verdict. Unless otherwise ordered or authorized by
the court, you would be well advised not to reveal the names of the other jurors, how any
juror voted at any state of deliberations, or any of the discussions or other sensitive
matters that occurred during your secret deliberations in trying to reach a verdict. If
any person should attempt to harass you or embarrass you or seek information which would
harass or embarrass any juror or seek to learn what occurred in the privacy of your
deliberations, you should report this to the court immediately. It is very important that
the integrity of our jury system be maintained.
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Q. Why do judges allow cases to be settled after they have begun? Doesn't this cause much jurors' time to be wasted?
A. There is one major difference
between a judgement of the court and a settlement. The judgement is involuntarily imposed
on the parties, whereas the settlement is an agreement or compromise voluntarily reached
by the parties. Therefore, judges generally encourage settlements. Also, settlements save
the time of judges, jurors, court personnel, lawyers, parties, and witnesses resulting in
considerable savings to the state and parties. It is wrong to assume that jurors' time has
been wasted when a trial ends in a settlement or a guilty plea. Even parties who thought
they would never settle, do settle when faced with an imminent or ongoing jury trial. The
specter of being examined and cross-examined before the judge and jury may not be
comfortable for some people. The presence of the judge and jury, by itself, motivates many
court settlements.
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Q. Will I learn anything as a result of being a juror?
A. As a juror, you will have to
make difficult judgements involving all of the human passions - love, hate, greed, anger,
etc. You and your co-jurors are also human. Certain jurors may respond differently to one
or more circumstances in the case. There may be good-faith differences of opinion among
members of your jury during deliberations. Through fate, you and your co-jurors have been
brought together in a search for justice. Justice means truth and fairness. You have no
reason to believe that any other jury in any other place or time would do a better job
than you will do. The experiences of centuries teach that our system of juries renders
fair, impartial, and true verdicts. In addition to the performance of an important civic
duty, it is sincerely hoped that you will learn a good deal about the courts and the
judicial system. As has been the case for many jurors before you - the verdict is yours.
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The Court System Is
Committed to Treating All Jurors Fairly and Respectfully Regardless of Race, Color,
Religious Creed, National Origin, Sex, Age, Ancestry, Handicap, or Sexual Orientation. If
You Feel That You Have Experienced or Witnessed Discriminatory Treatment During the Term
of Your Service,
We Would like to Know.
Please Call the Juror Information Line at 1-800-THE-JURY [1-800-843-5879].
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