Bellwork What two amendments preserve the rights for all citizens a jury trial- (both civil and criminal cases)? If called to jury duty, do YOU think you could be a fair and impartial juror? Did you know? By law, a pregnant woman can urinate anywhere in Britain, even if she so chooses to do so in a police officers helmet.

What is “Voir Dire” The process of choosing a jury The process involves: Judges and lawyers asking jurors questions Listening and observing to juror responses Ultimately, finding 6-12 IMPARTIAL and fair jurors Our court system is founded on the belief that a “jury of one’s peers” is better able to understand and empathize with the parties involved in the case

How are jurors chosen? Jurors are members of the community chosen at random, usually from vote registration lists They are required to be 18 years old, in possession of their faculties and of ordinary intelligence with sufficient knowledge of the English language You cannot be denied the opportunity to serve as a jury due to a disability (blind, deaf, etc) Exempt from jury duty: convicted felons, and anyone serving on a grand jury

How are jurors chosen, cont. The law does excuse a person from jury duty if they can prove that serving would “entail undue hardship on the person or the public served the person”. Self-employed Teachers Grad students Doctors

Think about it!! Jurors are said to be the MOST IMPORTANT participants in the trial These 6-12 people decide the FATE of the person accused! They can’t ask questions to the defendant or lawyers, can’t talk to anyone other than other jury members. All they can do is LISTEN and then decide based on evidence They MUST also keep their own feelings and opinions, beliefs, morals, etc. OUT of their decision!

YOUR TASK Over the next few days , you all will participate in the voir dire process of selecting a jury. Really play the parts and get a feel for what happens EVERYDAY across the country for 1000’s of trials

Activity - Selecting a jury Read through the scenario and facts of the case. Read through the potential jurors’ profiles. With a partner- Come up with five questions you would want to ask potential jurors as the attorney for each side of the case. Make a list of the jurors you would want to challenge and why. Remember: You must leave 14 jurors. (12 jurors and 2 alternates) Remember- Jury members cannot be excluded based on race!!! 7

The process Lawyers- you will decide what type of questions you will ask the potential jurors Remember you want fair and impartial jurors! Listen to what it being said, and remember YOU also need to make a good impression on each of them

The process, cont. Lawyers: After you ask your questions there are two ways you can challenge or exclude a prospective juror from serving Challenge for cause: you must have some obvious evidence that the juror may not be able to be objective about the case. This includes an admission of prejudice about the case or defendant, previous involvement with any of the parties, or opinions that may interfere with reaching a verdict. Each side has an unlimited number of challenges for a cause (for OUR mock voire dire, you only get 3 challenge for cause) Peremptory challenge: an objection for which no reason must be stated. Limited amount- usually 2

The process, cont. Lawyers- you don’t want to just dismiss a juror “just because”. Remember you are looking to find 12 jurors that will be impartial and fair. Items you may want to consider: age, marital status and experience, family makeup, occupation, previous experience as a party to lawsuit or a juror or a party to a victim of a crime, residence, ethnic background, physical appearance, members in religious or social organizations

The process, cont. Judge: you will ask jurors general questions (name, occupation, etc) You may also dismiss a juror if you feel they will not be fair and impartial You will make sure that the treatment of the jurors is respectable YOU are in charge, you make sure things run smoothly and fairly

The process, cont. Bailiff: you keep order in the court at all times and execute the judge’s orders You will call the court to order Court clerk: you are the assistant to the judge. You will administer the oath to the prospective jurors and later swear in the jury when selected

The process, cont. Jurors: YOU must convince the class that you are the person described on the sheet given to you. Answer the questions of the judge and attorneys according to what is written here or what that person should know Give the person a real name AND PERSONALITY! Stick to your character. Do not say anything that contradicts what is on the sheet given to you. You will also be given a juror questionnaire to fill out. You are answering these questions in character!

The goal! SWBAT understand the process of voir dire SWBAT understand the importance of choosing a fair and impartial jury And lastly, the goal is to select 8 jurors that are fair and impartial

Let’s get started! Each of you will be given the directions for your character/role Follow these directions to the letter Each person will be given the voir dire sequence in order to know EXACTLY the order and process of voir dire Jurors: you will NOT be given the full outline of the case. Just like in a real case you will only be given a summary of the case on the day of voir dire