What is it like to serve on a Jury? Jury: 6th Amendment grants all America citizens the right to a trial by a jury of his/her peers

6Th Amendment “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law; and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against them; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defense”

Legal process for trial… Person may or may not be held in jail/released on bail Trial should be speedy (keeps facts fresh in the minds of witnesses) Defendant is innocent until proven guilty Trial by a “fair minded” jury In extreme circumstance a CHANGE OF VENUE may be granted Defendant has the right to know the specific charges against him/her, has the right to be present at all proceedings, and has the right to summons (SUBPOENA) witnesses in his/her defense Defendant has the right to legal counsel (A public defender can be assigned if necessary)GIDEON v. WAINWRIGHT-1963

Jury Summons You will receive a summons through the mail that must be completed and returned. If you need an “excuse” you can apply for some in advance, and others need to be addressed on the first day of your service https://www.judiciary.state.nj.us/juror/login.asp You may be called every 3 years NJSA 2B:20-17 protects jurors from employment related retaliation or sanctions and provides for the possibility of criminal or civil sanctions if violated Terms of service vary by county (Middlesex county is 1 day/1 trial, Ocean county is 1 week/1 trial, Monmouth County is 2 days/1 trial)

Continued…. If you fail to report you will be subject to a $500.00 fine, contempt of court and possible imprisonment.. Requirements include Be a resident of that county Be able to perform the functions of a Juror US Citizen Not have been convicted of an indictable offense Be 18 or older Be able to read and understand English If 75 or older you may request to be excused

Jury Code of Conduct Be on time Give your undivided attention to evidence presented by both parties DO NOT discuss the case with other jurors, family members, friends, etc Do not talk to lawyers if you see them in the courthouse Do not undertake any personal investigations into the case Let your verdict be impartial, free from prejudice, sympathy, passion or unjust influence “BE faithful to the trust committed to you, remembering the full measure of your responsibility and the solemnity of the oath which will be administered to you at the trial in which you serve”

Interesting facts You will be assigned a juror group and number (group 1, juror 0584). Once you are sworn in you will be referred to by your seat number (juror #4) Juror #1 will be the foreman (group “leader”) he/she is responsible for asking questions (on paper) during deliberations, as well as reading the verdict. Foreman is chosen before deliberations (sometimes the judge will choose, not just go by seat #1) Civil Jury=6 (2 alternates) varies by state Criminal Jury=12 (2-8 alternates) varies by state Alternates are chosen after closing arguments and prior to deliberations. It is done randomly like a lottery You will be asked to complete a voir dire, as well as verbally respond to questions from both attorneys and the Judge. It is how they “get to know you” and decide if you will stay or will be challenged off. ( I was asked if I had any bumper stickers on my car, my job, my husbands job, describe myself, Have you watch Real Housewives of NJ?) Each attorney is given up to 20 peremptory challenges (remove a juror without cause prior to the start of the trial). Once all seats are filled and both sides are content with their choices the jurors will be sworn in and testimony will begin Immediately. “Do you swear or affirm that you will try the matter in dispute and give a true verdict according to the evidence?" (N.J.S.A. 2B:23-6 Oath of Jurors) In order to reach a verdict it must be unanimous in a criminal trial, and 5 out of 6 in a civil trial. (in my trial we kept all 8, so needed 7 out of 8 to agree)

Stages of a Trial Jury Selection (challenges)/Swearing in of Jury Opening arguments (both sides) Plaintiff presents its case and evidence Defense presents its case and evidence Witnesses for both sides will testify (direct exam), will be cross examined by the opposing lawyer, then plaintiff is given a final opportunity for “rebuttal evidence” Closing arguments (both sides) Jury charge : Given by the judge, created with the assistance of lawyers from both sides Jury Deliberations Reading of verdict by foreman. Once complete the judge will poll each individual juror to make sure the verdict is correct. If the case is Civil the jury will decide what compensation to award. If the case is Criminal the Judge will set a date for sentencing. The exception to the rule is in cases of the Death Penalty the jury will decide that phase as well. Remember that during a trial the role of the Judge is to decide issues of law and the role of the jury is to decide issues of fact and apply issues of law to the case (which the Judge will instruct them on during Jury charge)

My fellow jurors…. 12/5-12/21/16

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Honorable Judge Goldman

Ocean County Courthouse-Toms River

Inside of a courtroom…

View from inside the Jury box

Make up of a Courtroom

Jury Duty Summons