what every lawyer should know about juries

The one thing all attorneys should do, if they can, is serve on a jury. Not a long trial, of course: That would interfere with billables, and year-end bonuses would be seriously at risk. No, what you want is a short trial—criminal is best—so you can be in, out and done in a couple of days.

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How to serve as a juror in court?

Jul 16, 2020 · Every lawyer should sit on a jury at least once. July 16, 2020, 12:49 pm CDT. John McGill. This article was written before COVID-19, when jury trials were something of the norm. They are not the ...

What happens when you look at a jurors eyes?

Mar 11, 2015 · First point is plaintiffs. You should certainly not go into your case or approach a trial under the mistaken notion that if you can just get in front of a jury, they’re going to be dying to give you a lot of money. Juries take their responsibilities very seriously and they make sure that plaintiffs prove their cases.

What are the different types of cases heard by juries?

If you know that you won’t be able to serve on the jury or make it on the day of your summons, you need to notify the courts immediately. Failure to do so will result in legal action. If you are planning on going, you’ll need to plan ahead by letting your employer know, securing a babysitter if necessary, and getting transportation.

What is the relationship between the judge and jury?

Jul 21, 2020 · Jury Selection. Most people know that the sixth amendment is there to offer a key group of rights designed to make criminal persecutions fair, accurate, and legitimate. The sixth amendment guarantees a couple of things and perhaps the most commonly known is that of a jury and a speedy trial. The amendment, however, goes beyond that and has an ...

What are 2 things a juror should never do?

Don't lose your temper, try to bully, or refuse to listen to the opinions of other jurors. Don't mark or write on exhibits or otherwise change or injure them. Don't try to guess what might happen if the case you have heard is appealed.

How do lawyers persuade the jury?

To persuade, lawyers must appeal to their audience. They must know whom they are trying to convince. In a jury trial, lawyers should establish juror profiles during jury selection to identify individuals likely to render a verdict in their client's favor.

How do you take good jury notes?

Record the instructions given by the judge. Do not let the task of taking notes overwhelm you or stop you from listening to the trial. Record as much of the facts as you can but avoid trying to write everything down.

Why is the jury so important?

Importance of Jury Service The judge determines the law to be applied in the case while the jury decides the facts. Thus, in a very important way, jurors become a part of the court itself. Jurors must be men and women possessed of sound judgment, absolute honesty, and a complete sense of fairness.

How do you convince a judge?

How to Persuade a JudgeYour arguments must make logical sense. ... Know your audience.Know your case.Know your adversary's case.Never overstate your case. ... If possible lead with the strongest argument.Select the most easily defensible position that favors your case.Don't' try to defend the indefensible.More items...•Nov 1, 2008

Are lawyers persuasive?

You begin to notice a pattern with the attorneys who are consistently good – they are hard workers, but they are also very good persuaders. Whether you do family law, employment class actions, business litigation, or personal injury, you have to be good at persuading.Jan 26, 2016

What are the consequences of not doing jury duty?

Under no circumstances simply don't turn up for your jury service as this will cause the court delays. You could face a fine or even more serious charges if you fail to tell the court you will not be able to attend.Apr 9, 2022

Who decides if note taking is allowed by the jurors?

Although only one state expressly prohibits this practice, in most jurisdictions whether members of a jury are allowed to take notes will depend upon the discretion of the judge.

Can jurors take notes during trial?

Most judges allow jurors to take notes during trials. At the commencement of the trial, the jury is handed small notepads and pencils for note taking. The judge also typically gives the jury some basic administrative instructions about what to do with the notebooks when they are finished each day.

Are juries still necessary?

Trial by jury helps the criminal justice system reflect the values and standards of the general public. It's vital for the health of the criminal justice system that citizens participate in it and it is vital for democracy that they do, which might explain why politicians are always seeking to limit that participation.Feb 21, 2010

What are the pros and cons of the jury system?

Jury vs. Judge: Pros and Cons of Each OptionJury or judge? ... At a jury trial, the outcome of a case is decided by a group of law-abiding citizens. ... Jurors have more compassion than judges. ... Juries tend to be easier audiences than judges. ... Jurors can be too emotional. ... Jurors can be unpredictable.More items...•Jul 12, 2021

Should we have juries?

. The jury trial is a vital part of America's system of checks and balances. “Checks and balances” means that the judicial branch of government is equal to the other two branches (executive and legislative) and the courts can overturn laws or acts of government that violate constitutional rights.

What is the job of a jury?

The jury’s job is to weigh admissible evidence presented by the prosecutor and the defense, decide the facts, and apply the facts to the applicable law. In federal courts and most state courts, a jury’s guilty verdict must be unanimous, ...

How many jurors are needed for a criminal trial?

The number of jurors required for a criminal trial varies among the states, but the federal standard of 12 jurors is the most common practice. There are some exceptions. For example, in Virginia, felony trials must have 12 jurors, but misdemeanor trials can have as few as seven.

What is the meaning of unanimous jury verdict?

In federal courts and most state courts, a jury’s guilty verdict must be unanimous, meaning that all jurors must agree in their finding that the defendant committed the offense alleged beyond a reasonable doubt. Civic involvement in the criminal justice system promotes transparency and democratic values.

Why are jury members inattentive?

Jurors can be inattentive during a trial or want to end their jury duty as quickly as possible. They also may not understand the nuances of the applicable law in a case or may let emotions influence their decisions.

What do the prosecutor and attorney do in a court case?

The prosecutor and your attorney will make their opening statements, summarizing what they expect the evidence will show. Then the prosecution will present its case, typically utilizing fact witnesses, expert witnesses, and physical evidence.

What is the law of the jury before or after closing argument?

Either before or after closing argument (depending upon the criminal procedure of your state), the judge will instruct the jury on the laws that apply to the case. This is generally done in a document presented to the jury called a “jury charge.”.

Why do some trials end in mistrial?

Some trials end in a mistrial because of misconduct by jurors, such as discussing the trial with their spouses or reading news articles about the case history or trial proceeding. That is why so much time is spent trying to “select” the right jury for the case at hand.

Assumptions about Jury verdicts have given many people the wrong idea of what is happening in courtrooms in the US

Brigham Cluff explains why he things everything you think you know about Juries is wrong.

Start Transcription of Everything you think you know about Juries is wrong

Hi, this is Brigham Cluff. This is my seventh video in my series All About Arizona Juries: Everything you think you know about juries is wrong.

How to stay on top of jury duty?

The best way to stay on top of your game for jury duty is to follow some basic steps to ensure that everything has been taken care of before the “big day”. Here’s a general guideline of the steps you’ll want to take once you receive your summons letter in the mail: Respond to your summons letter.

What happens if you don't show up for jury duty?

If you do not show up for jury duty, there are serious consequences and you could be charged with contempt of court, which carries large fines and potential jail time.

What to wear to jury duty?

Avoid wearing anything revealing, shorts, crop tops, or flip flops. Dress appropriately for the weather and bring a light jacket or sweater to layer over your clothing if you get cold during jury duty.

Can you speak to a judge privately?

You may ask to speak to the attorneys and judge privately if a personal issue arises concerning the case. Once selected as a jury member for the case, the judge will provide you with all details about the trial, lunches, and breaks as well as, when you need to be at court each day and when you can expect to leave.

Do you have to wear a suit to be a juror?

Dress the part. Serving as a juror doesn’t require you to wear a suit.

Can you be on a jury in Missouri?

Even though you will be missing a few weeks (possibly months) to serve as a jury member in Missouri, you don’t have to worry about losing your job. Plus, you will be compensated for your time as a jury member since employers are not legally obligated to pay you while you serve on a jury. And, Missouri is one of the states in the nation that prohibits employers from requiring employees to use their leave—vacation, sick, or personal time—for jury dut y.

How to make jurors feel more comfortable?

they become nervous or anxious during voir dire, but there are a number of ways to make jurors feel more comfortable: (1) Get jurors participating early in the process; (2) Keep encouraging participation; (3) Break up a pattern of non-responses over a series of questions; (4) Phrase questions to encourage perception of conformity (e.g., “How many of you?” vs. “Do you / Do any of you?”); (5) Adopt a conversational tone (i.e., Don’t raise your voice too much and don’t cross-examine or conduct an interview); and (6) Normalize controversial or unpopular viewpoints to reduce inhibitions (e.g., “Many people believe…” and “A number of jurors in the past have told me…”).

Why is jury selection so hard?

Jury selection is also one of the hardest jobs to do because the lawyer and consultant are essentially trying to predict the future behavior of a group of strangers. Think about how difficult it would be to predict the behavior of coworkers, friends, and family members!

Why use a JQ?

Using a JQ provides a number of benefits to the jurors, the trial team, and the court. The attorneys are able to obtain candid responses, especially if voir dire for a given case will be done by the judge or if it will be limited in time or scope. Many studies have shown that jurors disclose the most relevant information in written questionnaires and, in fact, prefer JQs over oral voir dire.According to the Seventh Circuit American Jury Project, of the 303 jurors asked if they would prefer a JQ or oral voir dire, 77% (n = 233) indicated they would prefer a JQ. Jurors often report high levels of anxiety and feelings of pressure to conform during oral questioning, which is especially true when an authoritative figure like a judge questions the jurors. The majority of jurors also admit they are often less likely to disclose important, relevant information during judge-led voir dire than attorney-led voir dire, and they are much more likely to disclose relevant and honest answers at side bars or in private voir dire than in open court.

What are the strengths and weaknesses of a case?

In employment litigation, for example, jurors typically: (1) Identify with the employee; (2) Assume that employees can only be fired for cause; (3) Believe that people’s jobs are important for their sense of self-worth and emotional well-being; (4) Believe that employers put profits ahead of their employees; and (5) Are unsympathetic to corporate financial pressures.

What is jury service?

Jury service is a way for U.S. citizens to participate in the judicial process.

Who determines the appropriate law to be applied to a case?

The judge determines the appropriate law that should be applied to the case and the jury finds the facts in the case based on what is presented to them during the proceedings. At the end of a trial, the judge instructs the jury on the applicable law.

What is the standard of proof in civil cases?

The jury must come to a unanimous decision unless specified otherwise. The standard of proof is a “preponderance of the evidence,” or “more true than not.”. Settlement negotiations reduce the need for juries in civil cases.

What is the unanimous decision in a criminal case?

A unanimous decision must be reached before a defendant is found “guilty.”. The government must prove the crime was committed “beyond a reasonable doubt.”. Guilty pleas and plea negotiations reduce the need for juries in criminal cases.

How many types of judicial proceedings are there?

There are two types of judicial proceedings in the federal courts that use juries. Criminal trial: An individual is accused of committing a crime that is considered against society as a whole. Twelve people, and alternates, make up a criminal jury.

Who can be excused by the judge?

Members of the panel who know any person involved in the case, who have information about the case, or who may have strong prejudices about the people or issues involved in the case , typically will be excused by the judge. The attorneys also may exclude a certain number of jurors without giving a reason.

Can you serve on a jury?

Being summoned for jury service does not guarantee that a person will actually serve on a jury. When a jury is needed for a trial, the group of qualified jurors is taken to the courtroom where the trial will take place.

Can a judge accept a 10-2 verdict?

After a time, the judge will instruct you if they are prepared to accept a majority 10-2 verdict instead of a unanimous verdict. But this may only act to make your deliberations harder. It is unlikely you will ever witness peer pressure as intense as this elsewhere in your life.

Do jurors have loo breaks?

Loo breaks. Yes, it's a very real issue when you're spending seven hours a day listening to evidence. So plan ahead. The jurors typically have their own en-suite loo adjoining the deliberation room, which itself is adjacent to the court room.

The Role of Juries in The Criminal Justice System

What Do Juries do?

• In a federal or state criminal trial, a prosecutor presents the case against a defendant in open court. The government must prove “beyond a reasonable doubt” that the defendant committed the crime. The jury’s job is to weigh admissible evidence presented by the prosecutor and the defense, decide the facts, and apply the facts to the applicable law....

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How Are Juries selected?

What Should You do?