1. The American Jury System LAW & JUSTICE

2. Read and Respond The American Jury is a remarkable political institution. It recruits twelve laymen, chosen at random from the widest population; it convenes them for the purpose of the particular trial; it entrusts them with great official powers of decision; it permits them to carry on deliberations in secret and to report out their final judgment without giving reasons for it; and after their momentary service to the state has been completed, it orders them to disband and return to private life. (Kalven and Zeisel, 3-4,1966)

3. CRIMINAL JURIES HAVE 12 JURORS CIVIL JURIES HAVE 6 JURORS

4. Some of the typical issues that juries decide  GUILT OR INNOCENCE OF ACCUSED  WHO IS AT FAULT IN ACCIDENT CASES AND % OF FAULT FOR PARTIES  WHETHER A DOCTOR, LAWYER, OR OTHER PROFESSIONAL IS GUILTY OF MALPRACTICE  EMINENT DOMAIN ISSUES AND COMPENSATION FOR LAND TAKEN FOR PUBLIC PURPOSE  WHETHER A PRODUCT IS DEFECTIVE AND UNREASONABLY DANGEROUS  WHETHER A PERSON WAS SERIOUSLY INJURED  THE AMOUNT OF DAMAGES TO BE AWARDED TO AN INJURED PARTY OR SUVIVOR OF PERSON KILLED WHEN INJURY OR DEATH IS CAUSED BY THE NEGLIGENCE OF A PARTY OR A DEFECTIVE PRODUCT.  CLAIMS AGAINST INSURANCE COMPANIES

5. GRAND JURY V. TRIAL JURY PROBABLE CAUSE  A GRAND JURY DETERMINES WHETHER THERE IS PROBABLE CAUSE THAT A CITIZEN COMMITTED A CRIME GUILT OR INNOCENCE  A TRIAL JURY DETERMINE GUILT OR INNOCENCE IN A CRIMINAL TRIAL

6. DIFFERENCES BETWEEN CRIMINAL AND CIVIL JURIES  THE MAIN DIFFERENCE CONCERNS THE BURDEN OF PROOF BEYOND A REASONABLE DOUBT.  A CITIZEN CANNOT BE CONVICTED OF A CRIME UNLESS THE GOVERNMENT, ESTABLISHES GUILT BEYOND A REASONABLE DOUBT.  IN CIVIL CASES THE BURDEN OF PROOF IS ON THE PARTY MAKING A CLAIM TO PROVE THE CLAIM BY A PERPONDERENCE OF THE EVIDENCE, MEANING THAT BASED ON THE EVIDENCE IT IS MORE LIKELY THAN NOT THAT THE PLAINTIFF SHOULD PREVAIL.  CERTAINTY BEYOND A REASONABLE DOUBT IS NOT REQUIRED TO PROVE A CIVIL CASE.

7. History of jury trial  In America based on the British system the right to jury trial was placed in the US Constitution Sixth  The Sixth Amendment (Bill of Rights) provides: “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.” Seventh  The Seventh Amendment (Bill of Rights) to the US Constitution provides:  “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved…”

8. Factors not considered to be eligible for jury service  Eligibility for jury service CANNOT be based on race, national origin, gender, age, religious belief, income, occupation, property ownership, educational level, disability, or sexual orientation.  but it was not always that way Powers v. Ohio (1991)

9. How are jurors called for service? summons  Jurors are issued a summons directing them to appear at the courthouse at a specific date and time. Juror questionnaire

10. Who must report? 1) a United States citizen, 2) at least 18 years old, and 3) a resident of the county to which you are summoned to serve. In addition, jurors must There are no automatic exemptions or excuses from jury service in New York State. Everyone who is eligible must serve. You are eligible to serve as a juror in Michigan if you are: 1) a United States citizen, 2) at least 18 years old, and 3) a resident of the county to which you are summoned to serve. In addition, jurors must 4) be able to understand and communicate in the English language, and 5) not have been convicted of a felony 4) be able to understand and communicate in the English language, and 5) not have been convicted of a felony

11. How are jurors assigned to specific cases?  Jurors are sworn to state that the information they have provided about their background and qualification to serve is correct. randomly assigns  The Clerk of Court then randomly assigns jurors from the jury pool to cases in courtrooms.  The Clerk sends about 30 “prospective” jurors to the courtroom where they will be further examined by the lawyers to determine if they will be selected to serve in a particular case.

12. What are the lawyers doing to prepare to meet the jurors who will hear the case for their clients? jury questionnaires  Lawyers are allowed to get a copy of and review the jury questionnaires completed by the jurors. prospective jurors  Lawyers may not contact or have anyone else contact prospective jurors.

13. MURDER CASE FACTS SAMMY WAS OUTSIDE OF LEGAL SEAFOOD RESTAURANT ON SATURDAY ANDPUNCHED A PATRON, ALEX, WHO HAD JUST LEFT THE RESTAURANT WITH HIS GIRLFRIEND. ALEX WAS A WELL RESPECTED MEMBER OF SOCIETY AND HAD JUST WON THE WHITE PLAINS SERVICE AWARD FOR GOOD CITIZENSHIP AND VOLUNTEERISM. SINCE HE HAD JUST HAD A HUGE LOBSTER AND PASTA DISH AND WAS PUNCHED IN THE STOMACH HE THREW IT UP ONTO SAMMY’S NEW KICKS. SAMMY IS REALLY MAD NOW AND KICKS ALEX AGAIN IN THE GUTAND RUNS AWAY. ALEX IS TREATED BY PARAMEDICS AND ALLOWED TO GO HOME. THE NEXT MORNING HE IS FOUND DEAD ON HIS LIVING ROOM FLOOR WITH A LOBSTER TAIL STUCK IN HIS THROAT. THE POLICE ARREST SAMMY FOR MURDER. IT IS DETERMINED THAT SAMMY IS A RECENT LEGAL IMMIGRANT WHO HAS HAD SEVERAL PREVIOUS RUN-INS WITH THE LAW FOR SELLING ILLEGAL DRUGS (BUT NO VIOLENT ACTIONS). HE IS KNOWN TO FREQUENT MANY FUN AND ILLICIT ESTABLISHMENTS IN WESTCHESTER.

14. IF YOU WERE DEFENDING SAMMY, WHAT WOULD YOU WANT TO KNOW ABOUT POTENTIAL JURORS FOR THE MURDER TRIAL? TURN AND TALK

15. QUESTIONS FOR REFLECTION 1.WHAT IS MAIN DIFFERENCE BETWEEN A CIVIL TRIAL AND A CRIMINAL TRIAL? 2.WHAT IS THE DIFFERERNCE BETWEEN A GRAND JURY AND TRIAL JURY? 3.AS A DEFENSE ATTORNEY WHAT IS THE MOST IMPORTANT THING YOU WOULD LIKE TO KNOW ABOUT A POTENTIAL JUROR?

16. Voir Dire Examination is to “obtain a fair and impartial jury, whose minds are free of all interest, bias, or prejudice.”  The purpose of voir dire is to “obtain a fair and impartial jury, whose minds are free of all interest, bias, or prejudice.” Pope v. State, 94 So. 865, 869 (Fla. 1922) “to speak truly.”  Voir dire means: “to speak truly.”

17. What do lawyers look for in a juror?  Lawyers are looking for jurors that they hope will look at their case with a favorable view  Lawyers are trying to exclude jurors they believe will not look favorably on their case  Lawyers are looking for jurors who will have an open mind and not be influenced by prejudice or a mind set that cannot be overcome by the facts and evidence

18. Different Voir Dire procedures in State and US (Federal) Courts Statelawyers  In State Court trials the lawyers conduct the voir dire examination under the supervision of the judge. Federaljudge  In Federal court trial the judge conducts the voir dire examination and lawyers are allowed to submit questions to the judge who decides whether to ask the jurors the proposed question.

19. What types of questions are permitted during voir dire?  Knowledge of the case  Relationship with any party  Relationship with attorneys, witnesses  Prior litigation experience  Prior jury experience  Relationship with other jurors  Relationship to insurance companies  Any specialized experience in medicine, law or accident investigation  Any physical or other impairments which might prevent full attention to the case

20. Other permitted voir dire questions  Views on jury verdicts they have read about  Ability to rule against injured party if fault of other party is not proved  Able to set aside sympathy  Areas of prejudice  Attitude towards corporations  Willingness to follow the law as given from the Court  Belief in the jury system  Anything which might make it difficult to be a juror in the case

21. Improper voir dire questions  Hypothetical questions concerning how a juror would rule in a given case.  Any questions that is an attempt to obtain the opinion of the juror concerning the issues in the case that will be tried.

22. How are jurors selected after voir dire  The parties have the right to accept the jurors or to challenge a juror either for cause, (a reason that presumes the juror cannot be fair) or to exercise what is known as a peremptory (arbitrary) challenge-for which no reason need be given unless the challenged appears to be unconstitutionally biased.  If a juror is challenged and excused another name is drawn and the process continues until 6 (civil) or 12 (criminal) jurors and two alternate jurors are accepted to serve in the case.

23. Grounds to challenge a juror for cause  A relationship to the parties or the attorneys  Employed by a party within 30 days prior to the trial  Bias or prejudice admitted by the juror during the voir dire examination

24. What do you think it means by bias or prejudice?  Juror should be excused on challenge for cause in case of doubt as to his/her fairness or mental integrity. If there is doubt as to the juror’s sense of fairness or his mental integrity, he should be excused on challenge for cause.  Juror who is biased or prejudiced is not fair- minded and impartial, as required to prevent impairment of right to jury trial.

25. Peremptory Challenges  Each party also is entitled to 3 peremptory challenges. If there are to be alternate jurors each side has one peremptory challenge.  The party can excuse the prospective juror for any reason unless it appears that the challenge is racially, or gender biased.  Jurors are challenged (stricken) in the presence of the judge in open court but outside the hearing of the jury.

26. What are the obligations and duties of jurors if selected?  To listen to all evidence from both sides before deciding the case.  Not to talk to lawyers, parties, witnesses or anyone else about the trial during the trial.  Not to visit the scene or do independent research  To decide the case based only on the evidence and the law as instructed by the court  To carefully weigh and consider all evidence before reaching a verdict  To listen to fellow jurors.  To report improper attempts to contact the jurors to the court immediately.

27. What happens in the jury room?  Jury elects foreperson  Jury may have exhibits in the room with them  Jury may ask that certain testimony be read to them  Deliberations are confidential  Nobody is allowed to listen to what is going on in the jury room.  There is no time limit for jury deliberations.

28. What happens if the jury cannot reach a unanimous verdict  If the jury is not able to agree the court sometimes gives them an additional Instruction.  If the jury cannot reach a unanimous verdict, the judge declares a mistrial, and the case is set for trial again at a later date.

29. What happens if there was some misconduct by the jury?  In very limited circumstances if there is misconduct that could have affected the verdict the jurors may be examined about that issue.

30. Types of jury misconduct that could result in a new trial  Making an independent investigation  Bringing books or exhibits into the jury room that were not evidence in the trial.  Talking to others about the case during deliberations  Not being truthful during the voir dire examination  In some instances a verdict based on racial prejudice

31. Can the jury verdict be appealed?  The verdict can be appealed but will not be reversed unless the court or the lawyers did something that could have affected the verdict.  There is about a 5% chance of reversal and in most instances it is because the trial judge allowed evidence that should not have been admitted.

32. How well does the American Jury System work?  Juries try to do a good job  Juries try to follow the law  Juries try to be fair to both parties  Juries collectively have almost total recall of the facts  Juries believe that what they do is of value to them, the parties and to their country  But, no system is perfect and sometime juries do not do a good job.