Juries are instructed to get all of their legal information and explanations from the judge. But with a lawyer on the jury, who needs a judge? There's the problem: A lawyer who's competent in the field the case is about would present a big problem, as he or she would bring along his or her own interpretations of what the law is.
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By statute, lawyers can serve on juries although this was not the case years ago. I would be surprised if a lawyer or judge were picked to be on a jury due to perceptions or concerns over bias and undue influence over the other jurors. Absolutely. Chief Justice Roberts of the United States Supreme Court recently received a jury summons.
Jurors are allowed to ask for and receive all items received in evidence (such as audio recordings, medical reports, and police reports), the jury instructions themselves, and any notes taken by the jurors during the trial.
People on a jury are instructed by the judge that they must deliberate with one another in an attempt to reach a verdict. Jurors are told to approach the case with open minds and to change their minds if they realize they are wrong.
You should come in to the jury assembly area, have a seat, and fill out any of the jury duty forms you are provided. Sometimes a judge will come into the jury assembly area and ask questions of all who show up for jury duty. The purpose of this is to ensure that you meet the requirements to perform jury duty.
Most attorneys are extremely careful when it comes to avoiding contact with members of the jury, not only because such contact is one of the worst ethical and professional violations that can be committed, but also because almost any contact between a lawyer and an empaneled juror on his or her case has the potential to result in a mistrial and selection of a new jury â a costly and stressful ordeal.
For instance, if jurors see counsel for âboth sidesâ talking conversationally or walking arm and arm after lunch (two situations that have occurred during a mock trial), this can cause jurors to question the realism of the research and potentially introducing bias among the jurors .
If any outsider attempts to talk with a juror about a case in which he or she is sitting, the juror should do the following: (1) Tell the person it is improper for a juror to discuss the case or receive any information except in the courtroom; (2) Refuse to listen if the outsider persists; and.
We all know that, generally speaking, the term âjury tamperingâ refers to the intent to influence the decision of a juror during the course of a trial through means other than the evidence presented in court.
Bathroom encounters are also awkward. Running into jurors at the sink is unavoidable but eye contact should be avoided, and fortunately such avoidance comes naturally there.
The attorney responded that he was not allowed to talk to the juror, but that he would go inside, inform a court officer of the situation, and find somebody to help. This was the entirety of the contact between the two. By the time the attorney had come back out of the courthouse, the juror already had obtained assistance from someone else.
Any appearance of contact with a juror can be misinterpreted and become an opportunity for opposing counsel. When in doubt, seek the courtâs assistance, as no one wants to be accused of juror tampering.
It's the jury's role to decide the facts in the case, and to apply the law on which the judge has instructed it in order to reach a verdict. In cases where the evidence conflicts, it's the jury's job to resolve the conflict and decide what really happened.
In the courtroom, the lawyers for each party will either be sitting at the counsel tables near the bench or be speaking to the judge, a witness, or the jury. Each lawyer's task is to bring out the facts that put his or her client's case in the most favorable light, but to do so using approved legal procedures.
The court interpreter's job is to interpret exactly what the witness or defendant says, without commenting on it, even if the interpreter believes the person is lying. If a witness doesn't understand a question, the interpreter may not use his or her own words to explain.
The court reporter sits near the witness stand in the courtroom and records everything that is said during the trial (or introduced into evidence) by typing it on a stenographic machine or by making an electronic sound recording. This becomes the official record of the trial. The court reporter also produces a written transcript of the proceedings if either party appeals the case or requests a transcript. Court reporters don't work only in the courtroom. They also record depositions in attorneys' offices and some conferences in judges' chambers.#N#The great majority of court reporters use a stenotype, a machine that translates keystrokes into symbols that correspond to the spoken word. Some use shorthand and a few use a steno mask, repeating everything that is said in the courtroom into a mask connected to a tape recorder, and transcribing it later. Finally, electronic sound recording uses microphones placed in the courtroom to record proceedings on a multi-track tape, which is monitored by a clerk's office employee (who need not be trained as a court reporter).
The courtroom clerk (sometimes called the courtroom deputy) is usually seated in the courtroom near the judge. The courtroom clerk administers oaths to witnesses and interpreters, takes care of records and exhibits, keeps minutes of proceedings, prepares judgment and verdict forms, and generally helps the judge keep the trial running smoothly. The courtroom deputy is usually employed by the office of the clerk of court.
Rather, the interpreter translates the witness's request for explanation to the attorney (or whoever asked the question), and that person must explain or rephrase what he or she said. The interpreter then translates that explanation or rephrasing for the witness.
Because the witnesses are asked to testify by one party or the other, they are often referred to as plaintiff's witnesses, government witnesses, or defense witnesses.
Attorneys donât get to pick their jurors. Instead, using a mixture of intense questioning, keen observation, and stereotyping, they get to eliminate people they think would hurt their case. âItâs not like a baseball team where you can choose your team members,â says Jeffrey Frederick, Director of Jury Research Services at the National Legal Research Group and author of Mastering Voir Dire and Jury Selection. âItâs not who I want, itâs who I donât want. What we try to do is think of what backgrounds, life experiences, cognitive styles, opinions, and values jurors might have that would make them less receptive to our case.â Clues like demographics and personality can improve a lawyerâs chance of predicting a jurorâs stance on a verdict by up to 15 percent. Here are a few things lawyers take into consideration when trying to figure you out.
One common question presented to jurors is, âAre there any religious beliefs that prevent you from passing judgment on another person?â Frederick says this is to weed out people whose faith might impede their ability to view a case objectively .
Open and receptive jurors, according to the Synchronics Group Trial Consultants, will have hair that is âcasual and naturally flowing, rather than highly styled or gelled or plastered to the head ⌠Beards and mustaches will be natural looking, rather than designed and sculpted.â The old adage says you canât judge a book by its cover, but attorneys will certainly try.
The plaintiff attorney or prosecutor will generally look for people more inclined to trust authority.
One quick way to get dismissed from a jury, according to Tom King , a former Deputy Prosecutor in Indiana, is to voice strong opinions about the legal system: âSay, âIâve read about these criminal prosecutions where the police and the prosecutors made up evidence and I just donât think itâs a fair system.ââ
Indeed, research shows that if you donât vibe well with an attorney, youâre more likely to decide against their argument. âOne attorney told me, 'If I can tell they donât like me, I get rid of them,ââ King says.
Leaders, contrarians, and independent thinkers can be pivotal in a verdict. These people have the potential to rally the rest of the group behind a unanimous decision, which is great for the plaintiff or the prosecutor.
Though most jurors keep their thoughts to themselves on this issue until after the trial, I was fortunate (or unfortunate, as it may be) to be in voir dire recently with a woman who was not shy about her perception of the male attorneysâ etiquette.
One attorney etiquette-related complaint that comes up time and time again during post-trial interviews is jurorsâ perception that theyâre treated as second-class citizens in the courtroom, bound by rules that donât apply to âself-righteousâ (and often oblivious) lawyers.
Jurors expect the utmost professionalism from lawyers and frown upon those who disparage opposing counsel and their witnesses. Although jurors may laugh at the snide remarks, sarcasm, and zingers that attorneys sometimes launch at each other in the courtroom, we almost always hear them denounce such behavior after the trial.
Although itâs true that you canât please everyone (including the jurors who hear your case), as far as attorney etiquette is concerned, remember that jurors are always watching. When your clientâs fate rests in their hands, their perception is your reality.
So what happens when you are called for jury duty? First off, you will receive a jury summons. The jury summons will require that you appear for jury duty at the courthouse at a certain time and place. When you arrive at the courthouse there likely will be a jury assembly area.
The quickest way to guarantee that you will serve on the jury will be to keep quiet and not say a word !
This group is called the jury venire or jury panel. The bailiff will take you to a courtroom and seat you in a certain order based on your juror number. You may even be given a card with your juror number on it. The purpose of this is for the lawyers, the judge and the court reporter to identify you during jury selection.
The juror groups will be assigned and sent to specific courtrooms for jury selection. You will be divided into groups of anywhere between 24 to 60 possible jurors. This group is called the jury venire or jury panel. The bailiff will take you to a courtroom and seat you in a certain order based on your juror number. You may even be given a card with your juror number on it. The purpose of this is for the lawyers, the judge and the court reporter to identify you during jury selection.
Most of the time, the judge will allow the lawyers about an hour each to conduct voir dire. When it is complete, the lawyers may bring in some of the potential jurors for a private discussion with the judge. This happens when a juror indicates that he would like to speak for privately with the judge and lawyers. After that, the lawyers will exercise their juror strikes so that the panel can be reduced to the actual members of the jury.
The purpose of this is to ensure that you meet the requirements to perform jury duty. This may include juror qualifications such as ensuring that you reside in the county, have not performed jury duty within a specific time period, and have not been convicted of a felony.
Next to serving in the military, performing jury duty is the most important civic responsibility of an American citizen. Our legal system is based on the right to a trial by jury. This is a right that is part of the Bill of Rights and is found in the Seventh Amendment to the United States Constitution. The right to a jury trial is the main ...
Standing when a judge enters the room or the bailiff calls âall riseâ is intended to show respect for the legal system .
Dress appropriately. People entering a courtroom should be dressed in a manner that shows dignity and respect for the court. Save caps, cut-offs, T-shirts with marijuana leaves, spandex, low-cut blouses â and yes, pajamas â for another day. Some courts have stricter dress codes than others.
Still, courtroom decorum requires all parties to refrain from gestures, facial expressions, or outbursts. In 2010, Texas District Court Judge George Gallagher jailed defendant Robert Washington â and his mother â for contempt of court after they whooped and hollered after jurors acquitted him of murder.
Judge Raymond Voet held himself in contempt of court and assessed a $25 fine in April 2013 after his phone interrupted a prosecutorâs closing argument. Voet has a policy posted in his courtroom, announcing that ringing phones will be confiscated and returned only after a $25 fine is paid.
Saying, doing, or wearing the wrong thing in court is a surefire way to get shown the door â or in extreme instances, end up behind bars for contempt of court.
In 2013, a Grand Rapids, Michigan, woman was asked to leave Judge James Redfordâs courtroom after a deputy spotted her using her phone and taking puffs from an E-cigarette.
Because Judgeâs have wide discretion to create specific rules for their court, itâs always a good idea to find out the dress code before you go. For example, one judge may allow defendants to wear jeans in their courtroom, while a different judge in the same building strictly forbids it.
Lawyers do understand the system better and know what to look for. That will generally help one of the sides and neither side is usually willing to risk that it would be the other side to reap that benefit. Also, the nonlawy ers on the jury do seem to give deference to the attorneys.
I recommend jury duty to all lawyers and judges , as well as lay people, who ever get a chance to do it. It's one of the most interesting things you'll ever do, and depending upon the subject matter of the case, you could find yourself dealing with very important issues. It is relatively unusual for lawyers or judges
Some states do not allow lawyers and judges to be dismissed as a matter of course, so it is more likely that a lawyer or judge would serve in such a state. But, for the most part, we don't get to actually sit on juries due to a fear that we will have too great an impact on the other jurors or bring external knowledge of the legal system into the deliberations.
I understand, anecdotally, as others have noted that lawyers are often struck from juries in many jurisidctions, usually because one of the lawyers trying the case exercises a challenge.
Having to strike a judge or an attorney simply because that person is a judge or an attorney is unfair to my client. It wastes a strike I might need to use on another juror. So, it is not for me, it is for my clients, that I think judges and lawyers should automatically be excluded from jury duty.
Andrew Aldred. Answered 4 years ago. Of-course exceedingly they do jury duty. To be eligible for jury service, you must be at least 18 years of age, a citizen of the United States, a resident of the county in which you are to serve as a juror, and you must be able to communicate in English.
As a practical matter, very few judges or lawyers ever wind up serving on juries. Whenever a jury is being selected in an individual trial, each side is permitted to dismiss a certain number of jurors (usually three) for any reason or no reason at all. The lawyers are usually the first ones to get dismissed.