[Music]
[Chief Justice Kimberly Budd approaches the viewer]
Chief Justice Kimberly Budd: Good morning. My name is Kimberly Budd. I'm the Chief Justice of the Massachusetts Supreme Judicial Court and I'm speaking to you from our courtroom at the John Adams Courthouse in Boston. Welcome to Jury Service in the Commonwealth of Massachusetts. On behalf of our court system and the people of Massachusetts, I'd like to thank you for being here today. You are about to perform one of the most important duties we have as citizens. Trial by a jury of one's peers is a fundamental right guaranteed by the United States Constitution and the Massachusetts Constitution and your presence here makes that right a reality for the people facing trial today. Serving as a juror is one of the critical ways in which you can participate directly in our democratic system of government. When you sit on a jury, you are entrusted with extraordinary power to find the facts, apply the law, and render a verdict.
In other words, to administer justice. Our society relies upon you to exercise your good judgment in deciding the case before you. Jury service is a living example of government of the people by the people and for the people Through your service, you help to ensure the fairness of our justice system. You are the voice of the community. When you hear a case, it means that issues of vital importance are decided by a representative group of impartial citizens. Having been a trial court judge for many years before being appointed to the Supreme Judicial Court, I can tell you that those who have an opportunity to serve as jurors by and large, feel very good about the important work they have done. And even if it turns out that you do not sit on a jury, your presence standing by to serve if needed plays a vital role in making jury trials possible and helping to resolve cases.
I understand that jury service may be inconvenient or even difficult for some of you. Please know that our judges, court officers, and other court staff will do their best to make your service as comfortable as possible. And I hope that whatever challenges you may have faced in coming here today, you'll be inspired by the importance of what you're doing, whether you end up on a jury today or not, thank you for being here to put into practice one of the most significant constitutional safeguards in our legal system. Your role is critical to the delivery of justice for all in the Commonwealth. Once again, thank you for your service.
[Sequence of historic images that progressively gets closer to the present day]
Male Narrator: The concept of trial by jury as we know it today originated with the Magna Carta in 1215 and developed in its modern form in the 1600s in England. Trial by jury was a treasured right brought to the new world in 1620 by the pilgrims in Plymouth and by the Puritans who settled the Massachusetts Bay Colony. The right to be judged by members of the community, a jury of one's peers was so important to the colonists that Thomas Jefferson included it in the Declaration of Independence in 1776. The colonists complained in the declaration that the crown deprived them in many cases of the benefits of trial by jury. The Massachusetts Constitution authored by our own John Adams in 1780 guaranteed all persons the right to a trial by jury in both civil and criminal cases. Our state constitution is the oldest constitution in the world that has been in continuous use since it was adopted. It was a model for the United States Constitution, which reiterated the right to trial by jury, as did the Bill of Rights. While trial by jury has been a cherished principle throughout our history, the composition of juries has changed over time. Today, juries reflect the wonderful diversity of our community. However, that wasn't always the case. The first African-Americans to sit on a jury anywhere in the United States did so right here in Massachusetts in 1860 just before the Civil War. On the other hand, despite persistent efforts, women did not become eligible for jury service in Massachusetts until 1950, a full 30 years after they won the right to vote,
[Male judge addresses viewer]
Male Judge 1: There was a desire to make jury service more equitable, fairer, and most importantly, to truly develop a cross section of the community that would sit in judgment on the issues to be presented to them.
[B-roll of jury seats]
Male Narrator: As recently as the 1980s, whole categories of citizens were exempted from service, including legislators, parents of young children, clergy teachers, firefighters, lawyers, and many others. As a result, juries were not necessarily very representative of the community. Also, those who were eligible had to serve for 30 days and often served as jurors on multiple trials.
[Court related B-roll]
But in 1982, a new law changed all that. The one day or one trial system eliminated all exemptions and made everyone eligible to serve. Once again, Massachusetts was at the forefront of improving the jury system and was the first to adopt the one day or one trial law statewide.
[Panning shot of jury members sitting looking off screen]
The Commonwealth's juries now truly represent a cross section of the community.
[Cafeteria employee hands her employer a Jury Service Certificate]
Employers are now required to pay employees for the first three days of juror service, and the Commonwealth pays a stipend from the fourth day on.
[Mother in her kitchen opens mail for jury service with her child]
These improvements increased the pool of available jurors and made jury service less burdensome for everyone.
[Woman walks up to courthouse with jury service reminder]
Female Narrator: Today, our juries are diverse in every way, and they all have the right to participate in the administration of justice in the courtroom.
[Man in a suit sits at a computer to respond to his jury summons online]
Jurors represent all ethnicities and backgrounds. They work in every field and range in age from students to retirees. They come from all walks of life with their own unique points of view.
[Diverse jury pool participants all sit in unison in their work clothing and transition to formal attire]
As diverse as a group of jurors may be when they arrive at the courthouse, they will work as one to take an active role in our government. It's a role that should never be taken for granted.
[Male judge addresses viewer]
Male Judge 1: Well, what I like to tell people is that you really have two duties as a citizen. One is to vote and the other is to serve as a juror. If called your duty as a citizen to vote is important. You are one of several thousand, hundreds of thousands or even millions of people who vote.
[A glass window with different court departments]
As a juror if called, and if asked to serve your one of 12. You have an extraordinary responsibility as one of 12 citizens to make a judgment that will affect the lives or the property
[Male judge addresses viewer]
of other individuals within the community.
[Court officer checks in jury pool members at the door]
Female Narrator: As a citizen and someone who lives here in our commonwealth, you have been randomly selected to serve as a juror randomness means that anyone who is eligible for jury service has an equal chance of being summoned. Whether they've served before or not, this is why you might be called several times before your neighbor is summoned. It's like getting heads three times in a row on the flip of a coin.
[Sequence of shots showing jury members waiting to be selected in large room]
Under our one day or one trial system, you will serve for one day or for the length of one trial unless the court orders otherwise. Many people complete their service in one day and most are done in three days or fewer. Once you finish your service, you won't be called to serve again for at least another three years.
[Male judge addresses viewer]
Male Judge 2: Some jurors worry that they won't do a good job or they're concerned about serving on jury duty. But most of the jurors that I've spoken to acknowledge after they serve that it's one of the most empowering, fascinating, and rewarding experiences of their lives. Once they sit in that jury box, they rise to the occasion.
[Female juror testifies about jury service]
Female Juror 1: It's a part of being a US citizen to be on a jury duty like you're part of the justice system, which is good.
[Male juror testifies about jury service]
Male Juror 1: I was excited for this. It was my first time ever getting jury duty, so it was a nice experience. It was something I always kind of, when I turned 18, I was looking forward to the day when I would actually get it in the mail, and it's
[Male juror testifies about jury service]
Male Juror 2: An important duty that we all as citizens should do, and it's important for us to be a part of that.
[Female juror testifies about jury service]
Female Juror 2: It was fascinating and I'm very glad to have had the experience.
[Sequence of shots showcasing court members getting ready for trial]
Female Narrator: While you are checking in and going through the juror orientation, the judges, parties and others are working elsewhere in the courthouse, getting everything ready to start the trial. The court officers will do their best to keep you informed about what's going on. Although you may have to wait for some period of time while the cases are being readied, the court is committed to bringing you to the courtroom as soon as possible or releasing you from service once it's known for sure if a jury will be needed to today.
[Jurors walk into jury box]
When you arrive in the courtroom, you will see some of the people who have a role in the trial process.
[Overhead shot of a courtroom]
The judge directs all the proceedings, decides what evidence is admissible, and explains the important legal principles to the jury.
[Court clerk hands papers to judge]
The court clerk assists. The judge administers oaths to witnesses and controls the exhibits admitted during the trial.
[Court stenographer reviews her transcript]
The court's stenographer keeps a record of what is said during the trial. Some courtrooms use digital recording systems instead of stenographers for this purpose.
[Court officer stands on watch]
And the court officers maintain security and escort and assist the jurors.
[Jurors sit down in the jury box]
Before a trial can start, a jury must be impaneled.
[A judge speaks to the jurors]
As a prospective juror, you'll be brought into the courtroom where the judge will tell you about the case and introduce the parties. The judge will ask a short series of questions related to the case at hand.
[A juror speaks to the judge before walking away. Two lawyers then approach the judge]
You'll get a chance to speak to the judge if you have concerns about your ability to serve on a particular case and following that. Attorneys for each party may ask that certain jurors be excused.
[Female attorney sits in a court room]
Female Attorney: So after the judge questions, the potential jurors and attorney like me may ask additional questions. The intent is to give both sides a chance to participate in the selection of the jury.
[Male judge addresses viewer]
Male Judge 2: Jurors should never take it personally if they're not selected for a jury trial. It has nothing to do with character. It has nothing to do with educational level. It basically concerns the constitutional right that everyone has in order to select a fair jury. Oftentimes, a juror who is excused from jury duty in one case will then be sent to another courtroom so that they can then serve on another jury.
[Court officer addresses jurors before standing up and leaving]
Female Narrator: Jurors who are not seated will be returned to the jury pool. The court is very mindful of the juror's. Time and prospective jurors will be released for the day as soon as the court is sure they will not be needed for another impanelment.
[Panning shot of jurors in the jury box]
Once a jury has been selected, the trial can begin. Jury members must remain impartial and open-minded throughout the trial. At the trial, the judge will give you detailed instructions about your duties. Here are important rules that must be followed in all cases. During the trial, you may not discuss any aspect of the case with anyone including family, friends, or trial participants.
[Judge addresses jury members]
Don't even discuss the case with your fellow jurors until the judge tells you to deliberate. Do not read or listen to any news reports about the trial.
[Door closing with a “Please Turn off All Cell Phones” sign on it]
Exposure to publicity during the trial could result in a mistrial
[Woman types on a computer in a court hallway]
requiring the case to be tried again at a later date. So what kind of trial might you hear? There are two types of jury trials, criminal and civil. In a criminal trial, the Commonwealth brings charges against one or more defendants.
[Female attorney stands up and speaks sternly to man in court room before sitting and standing again]
The Commonwealth accuses the defendant of committing a crime. A prosecuting attorney represents the Commonwealth and presents evidence in an attempt to prove that the defendant is guilty of the offense as charged
[Female judge in a court room speaks to viewer]
Female Judge 1: In a criminal trial, the prosecution has a burden of proof. That burden of proof is to prove the case beyond a reasonable doubt that the defendant is guilty of the charges that the prosecution has brought.
[Two attorneys deliberate side by side in a court room before one stands up and begins speaking to judge off screen]
Female Narrator: The defendant has the right to be represented by an attorney but is not obligated to testify. In every criminal trial, the accused is presumed to be innocent. The burden of proof is solely on the commonwealth, meaning the commonwealth must prove the defendant guilty of every element of the crime. Beyond a reasonable doubt, a civil trial involves a dispute between two or more parties. It's a lawsuit.
[Overhead shot of a court room in session as judge reads off paper to jury]
The party that starts the case by making a claim is called the plaintiff. The person or organization the plaintiff, sues, is called the defendant. The plaintiff may make a claim for money or damages. For instance, the plaintiff could sue the defendant by claiming the defendant violated the terms of a contract or for injuries resulting from a motor vehicle accident
[Female judge in a court room speaks to viewer]
Female Judge 1: In a civil trial, the jury just has to believe that it is more likely than not that the charge brought by the plaintiff against defendant is true that's by a preponderance of the evidence.
[Female attorney gives open statement to jury]
Female Narrator: Jury trials usually begin with opening statements from one or both parties. An opening statement is a preview of the trial when each side tells the jury what it expects to prove.
[Male attorney speaks to man testifying]
During the trial, the lawyers present witnesses for examination and cross-examination.
[Female attorney hands papers to court clerk]
They may also present physical exhibits. Of course, evidence is an important part of any trial. However, certain evidence may be considered inadmissible.
[Male judge addresses viewer]
Male Judge 1: The judge's role in the courtroom is to ensure that the jury hears evidence that is relevant and important to the issues at hand, and that the jury decide the case solely on the basis of that evidence. It's therefore important that the jury is not do any outside investigation, do any outside internet research or communicate with anyone about the issues in the case so that they do not receive any information that may be prejudicial or irrelevant to the case itself.
[Juror addresses viewer]
Male Juror 3: It's one of the fundamental pieces of being a jury. You can't share information outside the jury pool and you can't bring information from outside in.
[Two attorneys approach the judge’s bench and speak with the judge]
Female Narrator: When you see the attorneys for the parties approach the judge's bench, it's often to discuss whether a certain piece of evidence is admissible or to discuss other legal matters. They may also be discussing logistics such as when to break for the day.
[Female attorney addresses jurors before judge addresses jurors]
At the end of the trial, the parties present closing arguments. After closing arguments, the judge will give a charge or instruction to the jury. The charge defines the law in the case that the jurors will use in reaching a verdict.
[Panning shot of jurors]
Our jury system relies on you to use your common sense and life experiences as you consider the evidence and work collectively with your fellow jurors to reach a decision. No one individual is better suited than another to serve as a juror. Together, you and your fellow jurors serve as the voice of the community, as you resolve the dispute before you.
[Jurors speak amongst themselves in jury deliberation room]
During deliberations, jurors meet together to review the evidence and determine the facts. Everyone has a chance to be heard. Then they apply the principles of law the judge has given them to those facts. In this way, a jury reaches its verdict.
[Female juror addresses viewer]
Female Juror 2: If I forget a point, there's bound to be another juror who remembers it. Or if one is going, has an opinion, a strong opinion, there may be other evidence that changes that opinion. So, we're all there to back each other up and to remind each other what we heard in the courtroom
[Court officer speaks to jury pool members]
Female Narrator: Today, some of you may not be chosen to hear a case, but your presence here is still vitally important because it may cause some cases to be resolved without the need for a trial.
Male Court Officer: Jurors, I just want to thank you for being here today
[Jurors stand from the jury box as they appear in their work clothing]
Female Narrator: By being here ready to serve. You've done your part to preserve our constitutional right to a trial by jury. After the trial, you will go back to the business of everyday life. Hopefully, you will have a renewed sense of the importance of the jury system to our rights and freedoms as citizens.
[Male judge addresses viewer]
Male Judge 2: It's critical for our criminal justice system. It's critical for everyone to realize that this is one of the few opportunities that we have to exercise. One of the constitutional rights granted to us by our constitution, other than voting, serving on jury duty has to be one of the most empowering experiences that any one of us can experience.
[Several jurors including a judge testify about their experience with jury duty one after another]
Male Juror 3: There's also that participatory feeling you get by contributing to the justice system in the us. You get to see it from the very beginning, not until the end, but close to it. So that's really important. You get to see one of the important parts of the government functioning,
Female Juror 1: And here in America, if you are a citizen, you're going to go on jury duty. It's a fulfillment.
Female Juror 3: It actually makes me feel proud to be able to contribute in this way, and it doesn't take much time.
Male Juror 1: I've just always kind of been intrigued by it, and this is my way of doing a small part to make sure that the system works right.
Female Juror 3: I think it's the right process, and I'm happy actually to play a role in it.
Female Judge 1: I've been called for jury service three times, and I have served three times. It is an extraordinary experience and I recommend it to everyone.
Male Juror 3: If I had to do it again, I'd do it again in a second. It was really worth it. It was very interesting. I really enjoyed it.
Female Juror 2: From what I've seen, the system works and I would do it again if asked.
Male Juror 1: I would absolutely do it again.
Female Juror 4: I will definitely serve again. If I'm asked to,
Male Judge 2: I would do it again. I would do it again. No doubt about it.
[Music]