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AMERICAN CIVIL JURY TRIALS

VIEWS: 5 PAGES: 102

									        AMERICAN JURY TRIALS
         (focus on civil trials)




Presented by:
Donald H. Partington
dparting1109@cox.net
             The American Jury

• 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)
WHO IS PROFESSOR PARTINGTON AND
         WHY AM I HERE?
MY BACKGROUND, EDUCATION AND
 EXPERIENCE
MY WORK AND EXPERIENCE IN TRIAL AND
 APPELLATE COURTS
MY LAW FIRM—CPHlaw.com
MY HOBBIES
MY FAMILY
WHY I AM HERE
WHERE IS PENSACOLA?
PENSACOLA BEACH, FLA.
 Where thousands live , where millions wish they could!
The white sands of Pensacola Beach, Fl
Sand Dunes and Sea Oats at Pensacola Beach
  These beaches are part of our National Seashore
Sunset at Pensacola Beach
 View of barrier Island
THE PROFESSOR AND HIS LADY FRIEND, VAUGHAN
Rainbow Falls, North Carolina
   MORE INTRODUCTIONS
WHAT IS YOUR NAME?
WHERE ARE YOU FROM?
WHY ARE YOU INTERESTED IN US LAW?
 WHAT DO YOU HOPE TO LEARN FROM THIS
  COURSE?
    WHAT WE WILL STUDY AND WHAT I
          HAVE PLANNED?
     MY GOAL IS FOR EACH OF YOU TO UNDERSTAND THE
  AMERICAN JURY TRIAL SYSTEM—WITH EMPHASIS ON CIVIL
  TRIALS, INCLUDING:
     THE HISTORY OF THE RIGHT TO A JURY TRIAL IN
      AMERICA
     THE REASONS FOR A JURY TRIAL SYSTEM
     HOW THE JURY TRIAL SYSTEM OPERATES IN
      AMERICA, SPECIFICALLY IN MY STATE OF FLORIDA
     THE PROCEDURAL AND SUBSTANTIVE
      PROTECTIONS TO INSURE A FAIR JURY TRIAL
      TEACHING METHODS
INTERACTIVE-INFORMATIVE AND FUN
CLASS PARTICIPATION—NOT JUST LECTURE
COURSE CREDIT
WE WILL ALL LEARN IF WE ALL PARTICIPATE
                THE
 STATE AND FEDERAL COURT SYSTEMS
        IN THE UNITED STATES
 THE STATE COURT SYSTEM IN FLORIDA, TRIAL
  AND APPELLATE COURTS
 THE UNITED STATES COURT SYSTEM (Federal)
 WHY WE HAVE TWO SYSTEMS
 HOW IS THE CHOICE MADE BETWEEN STATE AND
  FEDERAL COURT SYSTEMS?—Diversity of
  Citizenship and amount of money in controversy
 IS ONE SYSTEM BETTER THAN THE OTHER?
   How are judges selected?
Federal Court Judges-District, Circuit, Supreme
 Court
   Nominated by the President
   Confirmed by the United States Senate
 State Court Judges
   Circuit and county court judges are elected or
    {between elections} appointed by the Governor from a
    list provided by judicial nominating commission
   Appellate Court Judges are appointed by the Governor
    and voters decide if they should be retained
 Basis of Federal Court Jurisdiction
Federal Question—Does case involve US
 Constitution or Federal law?
Diversity Jurisdiction—
  Amount in controversy must be $75,000 or more.
  There must be complete diversity of citizenship
   between all of the parties
Florida Judicial Circuits
Florida Federal Districts
         WHAT IS A JURY?
 POROTA—HELP ME UNDERSTAND MEANING OF
 THE TERM FROM YOUR LANGUAGE.JURY-
”A NUMBER OF QUALIFIED PEOPLE SELECTED IN A
 MANNER PRESCRIBED BY LAW, EMPANELED AND
 SWORN TO INQUIRE INTO THE FACTS IN A LAW
 CASE, AND TO GIVE A DECISION ON THE EVIDENCE
 GIVEN THEM IN THE CASE.”
  Some of the typical issues that juries
     decide
 GUILT OR INNOCENCE OF        WHETHER A PRODUCT IS
  ACCUSED                       DEFECTIVE AND
 WHO IS AT FAULT IN            UNREASONABLY DANGEROUS
  ACCIDENT CASES AND % OF      WHETHER A PERSON WAS
  FAULT FOR PARTIES             SERIOUSLY INJURED
 WHETHER A DOCTOR,            THE AMOUNT OF DAMAGES
  LAWYER, OR OTHER              TO BE AWARDED TO AN
  PROFESSIONAL IS GUILTY OF     INJURED PARTY OR SUVIVOR
  MALPRACTICE                   OF PERSON KILLED WHEN
 EMINENT DOMAIN ISSUES         INJURY OR DEATH IS CAUSED
  AND COMPENSATION FOR          BY THE NEGLIGENCE OF A
  LAND TAKEN FOR PUBLIC         PARTY OR A DEFECTIVE
  PURPOSE                       PRODUCT.
                               CLAIMS AGAINST INSURANCE
                                COMPANIES
Florida case statistics
  Equity claims and right to trial
             by Jury
 There are cases which are properly tried by a court
  sitting without a jury. They are called equity cases;
  there are also cases for which there was no right to
  trial by jury when the US Constitution was adopted.
 Typical equity claims include: family law matters;
  injunctive relief; probate and issues involving wills and
  estates; mortgage foreclosures.
 Matters of law are always reserved for the court.
 Juries only decide factual issues, most often who is
  telling the truth or has the most evidence to support a
  claim or to deny the claim
 JURY DUTY IS A HIGH CALLING FOR A
               CITIZEN
JURY SERVICE IS A DUTY AS WELL AS A
 PRIVILEGE!
Video on jury service from Office of the State
 Courts Administrator, Tallahassee, Florida.
 Introduction by the Chief Justice of the
 Supreme Court of Florida
    GRAND JURY V. TRIAL JURY
A GRAND JURY DETERMINES WHETHER THERE
 IS PROBABLE CAUSE THAT A CITIZEN
 COMMITTED A CRIME
A GRAND JURY DOES NOT DETERMINE GUILT
 OR INNOCENCE—THAT IS THE JOB OF A TRIAL
 JURY
  DIFFERENCES BETWEEN CRIMINAL
         AND CIVIL JURIES
 THE MAIN DIFFERENCE CONCERNS THE BURDEN OF
  PROOF
 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 THE
  GREATER WEIGHT OF THE EVIDENCE, THAT IS THE
  MORE PERSUASIVE AND CONVINCING FORCE AND
  EFFECT OF THE EVIDENCE IN THE CASE. CERTAINTY
  BEYOND A REASONABLE DOUBT IS NOT REQUIRED TO
  PROVE A CIVIL CASE.
Boston Massacre
March 1770
John Adams defense of British soldiers
       before American Jury
 In March 1770 British soldiers accused of killing
  Americans were tried before an American Jury
 John Adams (second President of the United States)
  argued that the facts did not support the claim that
  Captain Thomas Preston gave an order to fire on a
  crowd of people.
 Adams argued: “Facts are stubborn things; and
  whatever may be our wishes, our inclinations, or the
  dictates of our passions, they cannot alter the state of
  facts and evidence…to your candour and the cause of
  justice I submit the prisoners and their cause.”
               History of jury trial
 In America based on the British system the right to jury trial
  was placed in the US Constitution
 Article III of the US Constitution expanded in 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.”
 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…”
 Florida protection of right to jury trial
 The US Constitutional right to a jury trial in civil cases
  has not yet been held to extend to the states, except
  when a state court is enforcing a federally created right
  of which the right to trial by jury is a substantial part.
  Curtis v. Loether, 415 U.S. 189 (1974).
 Most states, including Florida protect the right to Jury
  trial in civil cases.
 In Florida, Section 3 of the Declaration of Rights in the
  Florida Constitution provides: “The right of trial by jury
  shall be secured to all and remain inviolate forever; but
  in all civil cases a jury trial may be waived by the
  parties in the manner to be prescribed by law.”
  Differences between US and Florida
          Right to trial by jury
 The main difference involves the number of
  jurors:
 In United States Courts (Federal Courts) the
  number of jurors is 12.
 In Florida except in death cases and land
  condemnation cases, the number of jurors is 6.
 The United States Supreme Court decided that a
  12 person jury was not required by the US
  Constitution for state court trials; that a jury of 6
  in a criminal case is okay in most instances.
  Williams v. Florida, 399 U.S. 78 (1970).
           Demand for jury trial
         Waiver of right to jury trial

 In civil trials, a party must request trial by jury in
  the pleadings filed with the law suit. The initial
  pleading by the claimant is called a complaint and
  the response by the defendant is called an
  answer.
 The court may excuse a party from waiver of a
  jury trial request for good cause and usually will
  rule to protect the right of jury trial and avoid a
  waiver.
Florida Rule of Procedure for
     requesting jury trial
 Why is right to jury trial important to
              US citizens?
What do you think?
  Who is eligible to serve on a Florida
                  jury?
 US Citizen
 18 years of age
 Resident of the State of Florida for one year and
  of the county for six months
 A person who has a drivers license or
  identification card issued by the Florida
  Department of Highway Safety and Motor
  Vehicles. Sec. 40.01 Fla. Statutes
 There are no minimum educational requirements
Who is disqualified from jury service?
People who have a felony conviction and have
 not had their civil rights restored.
People who are unable to speak or understand
 English
A constitutional officer, judge or member of
 the General Assembly while in session
People who are physically or mentally disabled
People over age 70 may serve or may elect not
 to serve. Section 40.013 Fla. Stat.
 Who may be excused from jury duty
People who have served as a juror within the
 past 12 months
People who care for people who, because of
 mental illness, mental retardation, senility, or
 physical or mental incapacity, are incapable of
 caring for themselves
Attorneys or physicians
An expectant mother. Section 40.013 Fla. Stat.
  How are jurors selected for the jury
                pool?
The Jury Administrator of the county selects
 jurors names at random from a jury pool list,
 compiled from voter, licensed driver,
 unemployment and state personal income tax
 lists
Property ownership lists are not used to
 compile jury the pool list
Section 40.02 Fla. Stat.
  Factors not considered to be eligible
            for jury service
 Eligibility for jury service is not 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.
 The Supreme Court of the United States and the Florida
  Supreme Court have ruled that potential jurors have an
  equal protection right to jury selection procedures that are
  free from state sponsored group stereotypes rooted in, and
  reflective of historical prejudice. Powers v. Ohio, 499 U.S.
  614 (1991); Edmonson v. Leesville Concrete Co., 500 U.S.
  614 (1991); J.E. B. Petitioner v. Alabama, 511 U.S. 127
  (1994); State v. Slappy, 522 So. 2d 18 (Fla.1988).
  Are jurors compensated for service?
 Jurors who are regularly employed and receive regular
  wages during jury duty are not entitled to
  compensation for the first three days of jury service.
  Jurors who are not regularly employed or who do not
  receive regular wages during duty are entitled to
  $15.00 per day for the first three days of jury service.
  Jurors who serve more than three days are paid $30.00
  per day for the fourth and subsequent days of service.
 Jurors must be provided with meals and suitable
  lodging. Fla. Stat. 40.24 and 40.26
 Employers of jurors may not penalize jurors who are
  summoned to jury duty. Fla. Stat. 40.271
 How are jurors called for service?
Jurors are issued a summons directing them to
 appear at the courthouse at a specific date
 and time. Fla. Stat. 40.23
Sample Jury Summons
Jury Questionnaire
Additional Jury questions
United States Court Questionnaire
  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.
 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.
What are the lawyers doing to prepare
 to meet the jurors who will hear the
       case for their clients?
 Lawyers are allowed to get a copy of and review the list
  of everyone who has been summoned for jury duty
  and, at trial, the jury questionnaires which completed
  by the jurors.
 Lawyers may not contact or have anyone else contact
  prospective jurors. Lawyers and sometimes the client
  are sanctioned if they do that.
 Using the list, the lawyers try to find out what they can
  about jurors from many sources short of any contact
  with jurors.
Jury list provided to lawyers
       Use of Mock Juries and Jury
              Consultants
 If the case justifies the expense, lawyers
  sometimes hire jury consultants, who help set up
  a mock trial with a mock jury before the trial
  date.
 The mock jury deliberations are studied by the
  lawyers to help them determine the strong and
  weak points of the claim being presented.
 Jury consultants sometimes sit in the courtroom
  and help with the jury selection process.
       The facts of our case
Sue and Jane finished their exams and thought a drive
in the country would be a great way to clear their
heads. They got in the car and started out, talking,
somewhat absorbed in their thoughts of school and
year end plans. Sue was driving her car. Her cell
phone rang and she answered it. Jane rode in the
right front seat. She did not wear her seat belt.
They came to an intersection, controlled by a stop
sign, that they had been through many times. Sue,
still talking on her cell phone, slowed down but
admitted that she did not come to a complete stop-
more like a rolling stop.
           Facts continued
Sue said she was looking for traffic but did not
see any car coming. She pulled into the
intersection not seeing a car that was coming
rapidly from her left into the intersection.
Sue’s car was struck on the drivers side behind
the front door. Jane was ejected from the
vehicle and seriously injured suffering a
broken back and head injury. Sue remained in
the car, the air bags deployed. She received
only minor injuries.
              More facts
John, the driver of the other vehicle was 18 years
of age. He said he was driving the speed limit,
but others claimed he was going fast. He did
admit to the police officer that he was going 60
kpm when the speed limit was 35kpm. He also
admitted having a couple of beers, but no more.
John received a head injury and broken leg even
though he was wearing his seat belt.
                 The lawsuit
• Sue and Jane filed a lawsuit against John claiming
  that he was the sole person at fault in the
  accident because he had a high blood alcohol
  content and was speeding. John denied that the
  accident was his fault and filed a counterclaim
  against Sue claiming that she was the only person
  at fault because she failed to stop at the stop
  sign and was talking on her cell phone. He also
  claimed that Jane was responsible for her own
  injuries because she would not have been
  injured at all if she had worn her seat belt.
         Voir Dire Examination

The purpose of void 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)
      The voir dire examination
Lawyers for the parties, under the supervision
 of the trial judge conduct what is called the
 voir dire examination of the jurors.
Voir dire means: “to speak truly.”
The jurors are placed under oath and asked:
“ Do you solemnly swear or affirm that you
 will answer truthfully all questions put to you
 as prospective jurors?”
  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
 Lawyers are looking for jurors that they hope will
  ultimately find for their client on the claim
  submitted
  Voir dire examination is a right of a
                 party
 “The parties have the right to examine jurors
  orally on their voir dire. The order in which the
  parties may examine each juror shall be
  determined by the court. The court may ask such
  questions of the jurors as it deems necessary, but
  the right of the parties to conduct a reasonable
  examination of each juror orally shall be
  preserved.” Rule 1.439(b) Florida Rules of Civil
  Procedure
 In practice the counsel for the plaintiff (claimant)
  goes first followed by counsel for the defendant.
Different Voir Dire procedures in State
       and US (Federal) Courts
In State Court trials the lawyers conduct the
 voir dire examination under the supervision of
 the judge.
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.
What does the court tell the jury
       about voir dire?
What types of questions are permitted
          during voir dire?
 Knowledge of the case      Relationship to
 Relationship with any       insurance companies
  party                      Any specialized
 Relationship with           experience in medicine,
  attorneys, witnesses        law or accident
 Prior litigation            investigation
  experience                 Any physical or other
 Prior jury experience       impairments which
                              might prevent full
 Relationship with other     attention to the case
  jurors
Other permitted voir dire questions
 Views on jury verdicts       Attitude towards
  they have read about          corporations
 Ability to rule against      Willingness to follow
  injured party if fault of     the law as given from
  other party is not            the Court
  proved                       Belief in the jury system
 Able to set aside            Anything which might
  sympathy                      make it difficult to be a
 Areas of prejudice            juror in the case
    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.
Let’s pick a jury!
How are jurors selected after voir dire

 The jurors names are randomly picked by the judge as the
  proposed jurors to try the case. There are many different
  procedures for this.
 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 six jurors and two alternate
  jurors are accepted to serve in the case.
 Role of alternate jurors.
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
                 Challenge for cause
 On motion of any party, the court shall examine any prospective
  juror on oath to determine whether the person is related, within
  the third degree, to (a) any party, (ii) the attorney of any party, or
  (iii) any other person or entity against whom liability or blame is
  alleged in the pleadings, or is related to any person alleged to have
  been wronged or injured by the commission of the wrong for the
  trial of which the juror is called, or has any interest in the action, or
  formed or expressed any opinion, or is sensible of any bias or
  prejudice concerning it, or is an employee or has been an employee
  of any party or any other person or entity against whom liability or
  blame is alleged in the pleadings, within 30 days before the trial. A
  party objecting to the juror may introduce any other competent
  evidence to support the objection. If it appears that the juror does
  not stand indifferent to the action or any of the foregoing grounds
  of objection exists or that the juror is otherwise incompetent,
  another shall be called in that juror’s place. Fla. Rule Civ. P.
  Duty of court when presented with
          challenge for cause
 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.
 Discussion of Johnson v. Reynolds, 121 So. 793
  (Fla. 1929).
           Johnson v. Reynolds
• “ It is difficult, if not impossible to understand
  the reasoning which leads to the conclusion
  that a person stands free of bias or prejudice
  who having voluntarily and emphatically
  asserted its existence in his mind, in the next
  moment under skillful questioning declares his
  freedom from influence. By what sort of
  principle is it to be determined that the last
  statement of the man is better or more worth
  of belief than the former?” 121 So. 797.
         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. Fla. Rule Civ. P. 1.431
 Demonstration of procedure and how it works.
    What happens if one party suspects
    the peremptory challenge is racial or
•            gender biased?”
 A party objecting to the other side’s use of a peremptory challenge on
  racial or gender grounds must: a) make a timely objection on that basis,
  b)show that the venireperson (juror) is a member of a distinct racial or
  gender group and c) request that the court ask the striking party its reason
  for the strike. If these initial requirements are met, the court must ask the
  proponent of the strike to explain the reason for the strike.
 At this point, the burden of production shifts to the proponent of the
  strike to come forward with a race-neutral explanation. If the explanation
  is facially race-neutral and the court believes that given all the
  circumstances surrounding the strike, the explanation is not a pretext, the
  strike will be sustained. Melbourne v. State, 679 So. 2d 759 (Fla. 1996)
 Reason for challenge cannot be pretext. Dolphy v. Mantello,slip opinion
  US Court of Appeals for Second Circuit where counsel claimed the
  challenge was because the juror was fat, not because of race.
          Waiver of challenges
 A party must challenge a juror, either for cause
  or with a peremptory challenge before the jury is
  sworn, or the right to challenge is waived, unless
  the prospective juror has been untruthful in
  answering questions about his or her
  competence to serve.
 If a challenge for cause is denied and all of the
  peremptory challenges are not used the denial of
  the challenge for cause may not be error.
Oath of Juror after voir dire and when
     selected to serve in a case
       “Do you solemnly swear or affirm that you
    will well and truly try this case between
    Plaintiff(s) and Defendant(s), and a true
    verdict render according to the law and
    evidence so help you God?”
What does the judge tell the jury
about their duties and the trial?
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.
  Can the jurors go home during the
                 trial?
Normally the jurors are allowed to go home at
 the end of the day, but must not talk to
 anyone about the case.
In some high profile cases the jury is
 sequestered—normally at a hotel each night
 until the trial is over. They must be provided
 private and suitable Lodging. Section 40.26
 Fla. Stat.
Are jurors permitted to ask questions
           during the trial?
Are Jurors permitted to take notes?
  Can the jurors visit the scene that is
        the subject of the trial?
In limited circumstances the jurors are taken
 to the scene of an accident.
It is very rare because of the ability of the
 lawyers to use modern techniques to bring the
 scene to the jury.
   CAN THE JUDGE DECIDE THE CASE
       WHEN THERE IS A JURY?
 The lawyer for either party may move the court
  to direct a verdict and take the case from the jury.
 A directed verdict can be entered only if there are
  no factual issues, and the evidence is such that
  the judge finds that, construing all of the
  evidence in favor of the party against whom the
  motion is made, no reasonable jury could find
  for the party against whom the motion is made
 What happens after all the witnesses
   and evidence are presented?
 The attorneys argue the case, with the lawyer for
  the plaintiff having the right to open and close.
 The attorneys must argue based on the facts and
  the evidence before the court.
 The attorneys may not argue what they believe
  about the facts and the evidence or the credibility
  of witnesses.
 The attorneys have the right to object to
  improper argument.
What does the judge tell the jury they
must do to reach a verdict in the case?
     The judge tells the jury what law applies to
  the case.
 The judge tells the jury what the issues are, what
  the burden of proof is, what factors they may
  consider, things to consider about the credibility
  of witnesses, what damages they may consider
 The judge reads the instructions and gives the
  jury a copy of the instructions they are to follow.
Final Jury Instruction
  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.
Can the jury ask for more testimony?
How does the jury report the verdict?
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.
Instruction when jury deadlocked
Can the jury talk to anyone about the
   verdict when the case is over?
    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. The Court is normally reluctant to
 accept a claim of jury misconduct.
In rare instances if there is sufficient proof of
 possible misconduct the jury may be
 interviewed.
 What types of jury misconduct 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
 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.
    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.
What do you think about the American
jury trial system based on what I have
                told you?
Do you think it results in justice being done?
Do you think the average citizen is capable of
 making decisions that affect the lives of other
 citizens?
Do you think that you would be a good juror?
What do you think are the pros and cons of
 jury trials?

								
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