General Information - Petit Juror Handbook - Online Text Only/Print Version
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[Message of the Chief Judge ]
Introduction]
[Why must I serve on Jury Duty?]
[How are people chosen to be called for jury service?]
[How long does a juror serve?]
[Is it true that sometimes jurors are not allowed to go home
until after the trial is over? Is this common?]
[Are jurors compensated?What about transportation costs?]
[What can I do if my employer, who employs more than ten people,
refuses to pay for the first three days of my jury service?]
[What about the juror's job?]
[Is it possible to report for jury service but not sit on a
jury?]
[What is the possibility that a juror will be called again
for service in the near future?]
[Are the same people summoned every few years?]
[What can jurors do to make their service more enjoyable?]
[How are Jurors with Disabilities accommodated?]
[Who else will be in the courtroom?]
[Trial Courts of the State of New York
[The steps of a jury trial]
[Juror rights and responsibilities]
[Glossary of terms]
I am pleased to welcome you to the New York State courts and to jury service. You already have fulfilled a most basic obligation. The Constitutions of the United States and the State of New York guarantee to us the right to trial by jury when certain legal interests or liberties are at stake. These laws also provide that a collective body of "eligible": citizens shall perform as jurors, regardless of race, ethnicity, gender or economic status. It is a role you should assume with pride.
While I recognize jury service is a burden, interrupting your personal and business lives, it is also a unique privilege we enjoy as citizens. Jury service is thus not only your responsibility but also your opportunity to participate in the American justice system, to learn firsthand how it works, and to help us make it work better.
For some time now, in the New York State courts we have been engaged in a program of jury reform. Automatic exemptions have been eliminated, so that everyone will share the benefits and burdens of jury service; we are attempting to reduce the term of service, so that we take as little of your time as necessary; and we are paying special attention to your surroundings in the courthouses to make your stay more comfortable. This is an ongoing process, far from complete, and we welcome any suggestions you may have.
On behalf of the entire legal community, I want to thank you for your service as a juror. I hope that your time with us is interesting and rewarding.
Judith S. Kaye
Most people seldom need to think about a jury or how one operates within a trial. It is helpful to envision the jury as an arm of the court - its purpose is to consider the facts and circumstances which are presented in a case and to apply this information to the law.
Being a juror does not require any particular skills, expertise or education. The jury’s job is to determine the truth to the best of its ability on the basis of the evidence presented in a case.
This handbook provides information concerning the jury experience in the trial courts of New York State. It is not intended to replace the orientation session that is generally provided by the Judge, Commissioner of Jurors or the County Clerk, nor does it replace the instructions that a jury will receive from the judge presiding over the court. It is simply a supplement to the information and rules that will be provided by court personnel and the judge throughout the jury process.
COMMON QUESTIONS OF JURORS
Why must I serve on Jury Duty?
The Constitutions of the United States and the State of New York guarantee defendants in criminal cases and litigants in civil cases the right to a trial by jury. The New York State Judiciary Law states that all litigants have the right to juries selected from a fair cross section of the community and that all eligible citizens shall have both the opportunity and obligation to serve.
How are people chosen to be called for jury service?
The New York State court system obtains each
year names of state residents who are included on certain lists-registered
voters, state taxpayers, licensed drivers, recipients of public assistance
benefits and recipients of state unemployment compensation.
It is also possible to volunteer for jury duty.
You may do so by contacting your local Commissioner of Jurors or calling
1-800-NY-JUROR or visiting www.nyjuror.gov.
Throughout the year, prospective jurors are selected
randomly from the source lists and sent a juror qualification questionnaire.
This questionnaire must be completed by the prospective juror and returned
to the Commissioner of Jurors. Those individuals who “qualify”
for service - a U.S. citizen and county resident; at least 18 years of age;
with no felony convictions; and able to understand and communicate in English
- may eventually be summoned to report for service. In some counties the
qualification questionnaire and summons are sent together in one mailing.
The Unified Court System recently implemented
a policy to reduce the length of service to the shortest possible term wherever
practicable.
In most counties, jurors who are not involved in
a voir dire or trial are excused after one entire day. In some jurisdictions
jurors who are not involved in a voir dire or trial are excused after a
few days.
Those who are selected on a jury are required to serve
on only one trial. On average, the length of a civil trial ranges from three
to five days. Criminal trials average from five to ten days.
Some trials may last longer than ten days. The judge or
attorneys will inform the prospective jurors of the expected length of the
trial.
Is it true that sometimes jurors are not allowed to
go home until after the trial is over?
Is this common?
As a general rule, jurors go home at the end
of the day and return the next morning. There are occasions on which the
court will be required to “sequester” a jury on a criminal case
during deliberations. In extremely rare instances a jury may be sequestered
during the trial itself. “Sequestered” means that jurors do not
go home at the end of the day, but stay in a hotel, where their access to
other people and to radio and television news or newspapers is limited.
The judge or clerk will inform you in advance if there is a possibility
that the jury may be sequestered.
The expense of all meals and lodging for sequestered
jurors is the responsibility of the Commissioner of Jurors of each county
or the respective County Clerks in the City of New York.
Pursuant to law, the state will pay jurors a
fee of $40 for each day of physical attendance with the following Exceptions:
Exception #1. Jurors who are employed CANNOT
be paid a jury fee for any day(s) on which they receive regular wages unless
their regular wage is less than $40. In that case, the state will pay the
difference between the jurors’ wage and the $40 fee.
Exception #2. Jurors who work for an employer
with more than 10 employees MUST be paid, by their employer, at least
$40 or their regular daily wage - whichever is less - for each of the first
three days* of service. If a juror’s daily wage is less than $40, the
state will pay the difference between the juror’s wage and the $40
fee for the first three days of service.
*Note: The obligation of the employer to
pay only applies if the juror is serving on jury duty on a regular scheduled
work day. If not, the state pays the daily fee of $40.
In rare instances, when service extends for more
than 30 days, the court may authorize an additional allowance of $6 per
day to be paid to a juror.
A juror may waive his or her right to the per diem
allowance, in which case the allowance will go into a special account that
is used to improve juror facilities.
What about transportation costs?
There is no additional reimbursement to jurors for transportation costs.
What can I do if my employer, who employs more than ten people, refuses to pay for the first three days of my jury service?
You must first inform your employer that Section
519 of the Judiciary Law requires an employer to compensate their employees
for the first three days of jury service.
If you are unsuccessful, please contact the local
Commissioner of Jurors or call 1-800-NY-JUROR.
What about the jurors’ job?
New York State law prohibits an employer from subjecting
an employee to penalties or termination of employment due to jury service
- so long as the employee notifies the employer upon receipt of the jury
summons. An employer may lawfully withhold wages during jury service (except
for those circumstances in which the employer is required to pay the $40
allowance..... see "Are Jurors Compensated"). The question of
salary and wages in addition to the required allowance is a matter to be
addressed between the juror and the employer.
In order to verify to an employer that jury service
was performed, jurors may request that court staff provide them with an
attendance slip - “statement of service form” - which is required
by most employers.
Jurors who believe that they have been penalized
by their employer due to jury service should contact their local Commissioner
of Jurors or the regional office of the New York State Attorney General.
Is it possible to report for jury service but not
sit on a jury?
Yes. In many cases, parties seek to settle their
differences to avoid the expense and time demanded by a trial. Thus, while
several trials may be scheduled for one particular day, the court cannot
be certain until that morning, and sometimes afternoon, which cases will
actually require a trial and a jury.
Even if not selected to serve on a jury, the juror’s
role is vital. Many times, it is the very presence of a jury - which signifies
the trial process and an uncertain outcome - that encourages parties to
resolve issues, reach a settlement, or enter a plea.
What is the possibility that a juror will be called
again for service in the near future?
The method of selecting names for jury service was
revised in June 1995. Now, once a juror serves, he or she is ineligible
to be called again for a minimum period of six years from the completion
of service, although depending on the needs of the county, ineligibility
for service may be two years from completion of service. At the expiration
of such time, jurors who have served previously may receive a new qualification
questionnaire - but only if they are randomly selected from the designated
source lists.
Recent reforms such as the elimination of automatic
exemptions and the use of additional source lists means that jurors are
now serving less often than in the past.
A new law was passed in 1997 permitting jurors to
request to reduce this ineligibility period - making it possible to serve
more frequently. Please contact your Commissioner of Jurors for details.
Are the same people summoned every few years?
No. Unlike in the past, the same jurors are not
automatically summoned every few years. The Commissioner of Jurors try to
use the source lists to call as many people as possible for jury service
once before calling anyone a second time.
Is it necessary to complete another juror qualification questionnaire
before each service as a juror?
Yes. The Commissioner of Jurors needs the most current
information available to determine the qualifications of each potential
juror.
What can jurors do to make their service more enjoyable?
Jurors very often have to wait while important pre-trial
activities take place before they are assigned to a particular jury. Reporting
jurors are therefore encouraged to bring along books or newspapers to read
during breaks. However, once the jury selection or trial begins, reading
materials are not permitted unless authorized by the trial judge.
How are jurors with Disabilities Accommodated?
If you have a disability and need a reasonable accommodation
to allow you to serve, the court will try to provide the services or auxiliary
aids that you need. The kinds of auxiliary aids that are generally available
include assistive listening devices, sign language interpreters and “real-time”
captioning of court proceedings. In some situations, the court may be able
to provide a reader for visually impaired jurors or have forms, such as
a jury questionnaire, reproduced in large print or put on audiotape. If
you have a mobility impairment and are sent to a courtroom which has access
problems, you may be reassigned to a different location that has better
access.
If you are a TDD user and need to communicate with
the court while you are on jury duty, you can call the relay service at
1-800-662-1220 and they will be able to place the call. Some courts also
may have a TDD or TTY in the clerk’s office.
Any access questions or requests for assistance
can be conveyed to the jury clerk, court clerk or judge in the courtroom
where you are assigned.
Who else will be in the courtroom?
A number of people will be in the courtroom in addition
to the judge and jury. The list below explains who they are and what they
may be doing.
Plaintiff - In a civil case, the plaintiff
is the party who initiates the lawsuit by bringing the case to court.
Defendant - In a civil matter, the defendant
is the party who is being sued. In a criminal case, the defendant is a person
who has been charged with a crime.
Attorneys or Counsel - In certain cases,
including criminal cases, attorneys representing the plaintiff, the defendant
or the government are referred to as counsel. An attorney representing the
government in a criminal case is called the prosecuting attorney or the
assistance district attorney, and in some cases, the assistant attorney
general.
Court Reporter - The court reporter records
the official record of the trial by recording every word which is spoken.
This record will be converted into an official transcript of the trial.
Court Clerk - The clerk of the trial part,
also called the clerk, maintains the court files and preserves the evidence
presented during the trial. The clerk may also administer the oath to jurors
and witnesses.
Court Officer - The court officer keeps order,
maintains the security of the court, and assists the judge and the jury
as needed.
Witnesses - Witnesses provide testimony,
under oath, as to what they have seen, heard or otherwise observed regarding
the case.
Interpreter - Interpreters, under oath, provide
language interpretation for the court on behalf of a non-English speaking
or hearing impaired party or witness.
Spectators - Spectators are members of the
public who are generally permitted to observe court proceedings. Often spectators
include representatives of the media.
The Trial Courts of New York State
People who are called to jury service may be
assigned to at least one of several trial courts. These courts possess varying
powers - or jurisdictional authority - to hear and decide different categories
of legal matters. There are also state courts that do not conduct jury trials,
although they have an important legal responsibility to process complaints,
violations of local ordinances, arrests or criminal warrants.
A diagram is provided to illustrate the entire system
of state courts, including the State’s appellate courts (the Court
of Appeals and the Appellate Divisions). A brief summary describing the
legal matters addressed by the various trial and lower courts is also provided.
COURTS OF APPEALS
APPELLATE TERMS APPELLATE
DIVISIONS
OF THE SUPREME CT. OF
THE SUPREME CT.
SUPREME COURT
COURT OF CLAIMS
FAMILY COURT
SURROGATE’S COURT
New
York City:
CRIMINAL COURT CIVIL
COURT
Outside New York City:
COUNTY COURT
CITY COURT
DISTRICT COURT
TOWN
& VILLAGE COURT
SUPREME COURT
This is a statewide court which is divided into
four departments and twelve districts. The Supreme Court has the most extensive
authority to determine all categories of cases, including criminal and civil
matters. The one exception is claims - or lawsuits - that are filed against
the State of New York, which must be brought before a court called the Court
of Claims.
Jury trials are commonly conducted in the Supreme
Court.
SURROGATE’S COURT
A court which has specialized power, the Surrogate’s
Court addresses all matters relating to wills, estates and property of deceased
persons, and it shares with the Family Court the authority to handle adoption
proceedings.
In only rare instances will a jury be required in
a matter handled by a Surrogate’s Court.
COUNTY COURT
County Courts are located in each county outside
New York City. They handle all types of felony criminal cases and a limited
number of civil cases that involve amounts of up to $25,000 in value.
Jury trials are commonly held in a County Court.
FAMILY COURT
This court handles a variety of legal matters relating
to children and families, as well as offenses involving youths between the
ages of eight and sixteen that will be crimes if committed by an adult.
Matters handled in this court include proceedings that relate to family
conflict or violence, the determination of child or family support, child
custody or paternity.
Jury trials are not held in this court.
DISTRICT COURT
These courts exist in Nassau and Suffolk counties
to handle lesser criminal matters such as misdemeanors and violations, civil
cases involving a certain monetary value, small claims proceedings, and
traffic and parking violations. District courts also handle preliminary
proceedings in felony cases.
Jury trials may be conducted in this court.
CITY COURT (outside New York City)
City Courts handle violations of local ordinances,
such as cases involving traffic, housing or disorderly conduct. They also
handle criminal matters such as misdemeanors, and civil cases that involve
a certain monetary value. City courts also handle preliminary proceedings
in felony cases.
Jurors may be either summoned directly by the city
court or summoned by the county court and sent to the city court.
Jury trials are commonly conducted in a City Court.
NEW YORK CITY CIVIL COURT
This court has jurisdiction over civil matters and
includes a Small Claims Court. It operates only in New York City.
Jury trials may be held in this court.
NEW YORK CITY CRIMINAL COURT
This court has jurisdiction over misdemeanors and
violations and also is responsible for presiding over arraignments and other
preliminary proceedings in felony cases.
Jury trials may be held in this court.
TOWN AND VILLAGE COURTS
The jurisdiction of these courts covers certain
civil matters, small claims proceedings, traffic and parking violations,
criminal matters such as misdemeanors and violations, local ordinances and
the processing of arrests and criminal warrants. Town and Village Courts
also handle preliminary felony proceedings.
Jury trials are held in these courts and jurors
are summoned to report directly to the court. The jury allowance for town
and village court jurors is determined and paid by the town and village.
A trial is a legal
forum for resolving individual disputes, and in the case of a criminal charge,
it is a means for establishing whether an accused person is legally guilty
of an offense. The trial process varies with respect to whether the matter
at issue is civil in nature or criminal. In either case, a jury acts as
a fact-finding body for the court in assessing information and evidence
that is presented by the respective parties in a case. A judge presides
over the court and addresses all the legal issues that arise during the
trial. A judge also instructs the jury as to how to apply the facts to the
laws that will govern in a given case.
The general sequence of a jury trial is outlined
below. Note that in a civil trial there is a plaintiff who commences a case,
and that in a criminal trial, an Assistant District Attorney prosecutes
a case on behalf of the “People” or the citizens of the State
of New York.
I JURY SELECTION
How are reporting jurors chosen to sit on a jury?
The first phase of a jury involves the selection
of particular jurors--a screening process which is known as “voir dire.”
In a criminal trial involving a felony offense, 12 jurors and up to six
alternate jurors may be chosen; if the charge is a misdemeanor, a jury of
six is necessary. In a case involving a civil matter, a jury will comprise
six jurors and usually one or two alternates.
In a criminal case, a judge always will be present
during jury selection to explain the principles of law, to read the accusatory
instrument, and at times also to question prospective jurors. In a civil
case, the judge will normally commence the voir dire and generally oversee
the entire selection process.
The court and the attorneys for the parties may
question the jurors to determine their fitness to serve in a particular
case. Such questions are intended to identify whether an individual may
have certain biases or personal knowledge that could influence his or her
ability to judge a case objectively. In order to screen out those jurors
who they believe would be inappropriate for a particular case, the attorneys
have the right to “challenge” or eliminate a prospective juror
from serving on the panel if they offer a justifiable reason why the juror
should be eliminated. The process is referred to as a challenge “for
cause.” There is no limit to the number of times that this challenge
may be exercised.
The lawyers also have a fixed number of challenges
for which a reason does not have to be given - these challenges are known
as “peremptory”. A peremptory challenge is a privilege of trial
counsel which may be exercised arbitrarily and without explanation. However,
the number of peremptory challenges that may be used is limited by law and
varies according to the nature of the case. This challenge may never be
exercised in a discriminatory manner.
This questioning process continues until the attorneys
for all parties are satisfied with the composition of the jury or have exhausted
all challenges permitted by law.
What are alternate jurors?
It is necessary to choose additional people who will serve as alternate jurors in the event that illness or other emergencies require the court to excuse a member of the trial jury. Alternate jurors are necessary to ensure a sufficient number of jurors for deliberation. Throughout the trial, all jurors will sit together and pay careful attention to the evidence. The judge will decide when to excuse the alternate jurors.
Does the trial start once the jury is chosen?
The policy of the New York State court system is that jurors selected for juries serve as promptly as possible. Normally, a trial will start within 24 hours of the completion of jury selection. The Administrative Judge is permitted to discharge a sworn jury if, the trial does not start within five days of the jury being sworn. Jurors who have been discharged for this reason are finished with their service.
II OATH & PRELIMINARY INSTRUCTIONS
Oath
Once the screening and selection process results in a sufficient number of jurors and alternate jurors, an oath is administered to the jurors who have been selected. The oath is a pledge that the juror will act fairly and impartially in the role as a judge of all questions of fact. This oath obligates the juror to put aside individual emotions or opinions and to use logic and objectivity throughout the trial and the deliberations.
Preliminary Instructions
Following the oath, the judge will provide preliminary
instructions which set out the basic responsibilities that jurors must adhere
to throughout the trial. These directives include an admonition not to read
or listen to news accounts of the trial, visit the scene of an alleged offense,
or discuss the case with outsiders or with fellow jurors.
III THE TRIAL
The Criminal Trial
A criminal trial is a process for establishing whether an individual is legally guilty of a criminal offense. If a trial results in a guilty verdict for a felony offense charge, the possible punishment may include imprisonment of more than one year and in certain extremely serious cases may range in severity to include the death sentence where a defendant is convicted of murder. A trial may also be held on the basis of a misdemeanor offense charge, which covers acts for which the maximum punishment allowed by law is no more than one year imprisonment or a fine.
Opening Statements
After the judge delivers the preliminary instructions,
the assistant district attorney (prosecutor) will make an opening address
to the jury outlining the charges and the evidence that will be offered
to sustain the case. It is important to note that a criminal charge is only
an accusation; the burden of proving that the defendant is guilty always
rests with the prosecution. The attorney for the defendant is also allowed
to make an opening statement but there is no obligation to do so. The defendant
may choose not to speak in his or her defense at all.
People’s Direct
At this point in the trial, the prosecution will
present its proof. Because the prosecutor represents the people of the State
of New York, this phase of the trial is often referred to as the “People’s
Direct.” Proof may be offered in the form of the testimony of witnesses
and the introduction of physical objects or records.
Following questioning by the prosecutor, the defense
attorney may cross-examiner the witnesses by asking his or her own questions.
The prosecutor may then wish to ask clarifying questions on “redirect”
examination. This process continues until all the witnesses for the prosecution
have testified.
Defense Case
The defense case may involve many witnesses, possibly
the defendant, or there may be no witnesses at all. This phase of the trial
may also involve a sequence of questioning by the defense counsel and the
prosecutor. When the defense has completed the presentation of its witnesses
and the questioning is exhausted, the defense will rest its case.
The prosecutor may have a rebuttal case if a specific
defense is raised. The prosecutor cannot, however save evidence from his
or her direct case for rebuttal. The defense counsel may cross examine rebuttal
witnesses. The People will then rest their case.
Summation
The defense attorney will generally deliver a summation
argument and may attack the testimony or credibility of witnesses or the
prosecutor’s evidence or lack of evidence. The prosecutor’s summation
offers reasons why the evidence shows that the defendant is guilty beyond
a reasonable doubt.
Jury Instructions
At the conclusion of the summation arguments, the
judge will charge the jury, or describe to the jury the law that is applicable
and the elements of the crime charged. The judge also will explain legal
concepts such as the “presumption of innocence”, “burden
of proof”, and “beyond a reasonable doubt.” After the judge
gives these instructions, the prosecutor and the defense attorney may ask
for additional instructions or they may object to those that were given.
The Civil Trial
A civil trial is conducted as a way to enforce or
protect private rights. A civil case may be disposed of through a variety
of means, including a jury trial.
There are several outcomes that may be reached through
a civil trial. A trial court may reach a verdict and impose money damages
on a party to compensate for loss and, on occasion, punish a party for wrongdoing.
In civil cases, the party who brought the case to
court is called the plaintiff, the party being sued is called the defendant.
Opening Statements
Similar to a criminal trial, a civil trial commences
with the delivery of opening statements by the attorneys for the plaintiff
and the defendant, in which they explain their client’s position and
outline the evidence that they expect to present to support their claims
and defenses. These statements are not evidence and should not be considered
as such.
Plaintiff’s Case
After the opening statements the plaintiff may call
witnesses and introduce evidence. The plaintiff’s attorney will question
each witness, and the defense attorney may cross-examine the witnesses.
After cross-examination, the plaintiff’s attorney may re-examine some
of the witnesses. After completion of this process, the attorney for the
plaintiff will tell the judge that the plaintiff rests his or her case.
At this point, the judge may excuse the jury and entertain motions from
the attorneys.
Defendant’s Case
The defendant then has the right to call witnesses
and to present evidence to support its contentions. A similar sequence of
direct questions and cross examination which was conducted during the plaintiff’s
case will generally occur. The defendant’s attorney will question the
witnesses, and the plaintiff has the right to cross-examine them. Once this
process is completed, the defense will rest its case, at which time the
plaintiff may be permitted to offer testimony to reply to or rebut any new
matter raised by the witnesses for the defense.
After the defense concludes, or rests its case,
the attorneys are entitled to make closing statements, which describe what
the lawyers assert the evidence proves and why their client should win.
Jury Instructions
At this point in the proceedings, the judge gives
instructions to the jury by identifying the issues to consider and the laws
that are applicable to the case. The jury is also informed about the possible
verdicts that may be reached, and that the verdict may be based upon a “preponderance
of the credible evidence.”
IV JURY DELIBERATIONS & THE VERDICT
After the judge has completed delivering the
instructions to the jury, the jurors will leave the courtroom and go to
a jury room to begin deliberations - the process that the jury must engage
in to arrive at a verdict.
Should any questions or personal needs arise during
this time, a court officer is nearby to provide assistance.
What is the role of the foreperson?
The foreperson has the ceremonial duty of acting
as the jury’s spokesperson. A foreperson has the same status as any
other juror and is not required to serve as a moderator during deliberations.
In criminal trials, the first juror drawn and accepted by both sides is
usually designated by the court as the foreperson. In civil trials, this
is customarily the same, or the jury may elect one of its members as foreperson.
How are deliberations conducted?
The jury reviews the evidence which was presented
in a case and discusses the jurors’ views on the information.
During the deliberations, jurors should keep an
open mind, listen carefully to everyone and be prepared to tell the others
what they think and why. It is generally easier to reach a swift and sound
verdict when jurors remain courteous to and patient with one another and
listen only to the views of others.
It is important to remember that if questions arise
during deliberations, or if there is a need for further instructions or
a need to have testimony re-read, the foreperson may send a written request
to the judge through the court officer. Upon the judge’s approval,
all parties may be asked to return to the courtroom to address an issue.
The Verdict
In a criminal case, the deliberations must result
in a jury’s finding by a unanimous vote that the defendant is guilty
or not guilty. If a jury reaches a guilty verdict in a criminal case, the
judge will determine the punishment or sentence in accordance with the law.
Unlike criminal cases, in civil trials a verdict
does not have to be unanimous; agreement by either five or six jurors is
sufficient. In addition to deciding upon a verdict, a civil trial jury may
also be asked to determine whether there should be an award of damages for
certain parties, and if so, how much money should be awarded.
How does the jury verdict become official?
Once the jury has reached its verdict, the foreperson
should notify the attending court officer. The officer will advise the judge
who will then call everyone, including the jury, back into the courtroom.
When everyone is present, the clerk will ask the foreperson for the jury’s
verdict. In some cases, the entire jury may be “polled” - each
member will be asked if he or she agrees with the verdict.
After a guilty verdict in a criminal case, when does the sentencing
take place?
Sentencing normally takes place several weeks after
the verdict is rendered. In all cases (except murder cases in which the
people are seeking the death penalty) the judge determines when the defendant’s
sentence will be. Jurors are not required to return to the court for the
sentencing proceeding.
JURORS RIGHTS & RESPONSIBILITIES
Every Juror is Entitled to:
Be treated with courtesy and respect at all times;
Express concerns, complaints and recommendations to court personnel;
Have their questions answered plainly and clearly;
Remain informed about the trial schedule.
Discussion of the Trial
Jurors may not discuss the case with anyone during
the course of the trial – this includes discussions with fellow jurors
or attorneys until such time as jury deliberations commence. When the trial
is over, the juror may discuss it with others or may keep silent.
If a juror accidentally hears something about the
trial outside the courtroom, or if someone contacts a juror about the trial
while it is still in session, the juror should ask the court clerk or officer
to tell the judge immediately what has happened. Under no circumstances
should the juror tell anyone about the incident except the court clerk,
officer or the judge.
News, Television and Radio Reports
Jurors are not allowed to read, watch or listen
to media stories relating to the trial to which they are assigned.
Note taking
A judge may allow jurors to take notes.
Breaks
Jurors are given lunch breaks and may be given other
breaks during a trial. If a juror needs a break for some reason, he or she
should inform the judge, court clerk or court officer. These requests should
only be made if they are absolutely essential, so as not to disrupt the
proceedings.
Emergencies
It is important that jurors report when they are
required to and are prompt. Absences may delay or even jeopardize trials.
If jurors are faced with an emergency such as sudden illness or a death
in the family, they should follow the instructions that they were given
by the court. If they are unable to do so, they should telephone the Commissioner
of Juror’s office. (The jury summons generally provides a number to
call in case of emergencies.)
Alternate Jurors
Additional jurors who are chosen in order to avoid
having to retry the case should one or more jurors be excused from the jury
during the trial for an emergency (such as illness). Throughout the trial,
all jurors will sit together and pay equal attention to all the evidence.
After the closing argument and the judge’s instructions to the jury,
the judge may, excuse the alternate jurors or have them remain until the
jury renders a verdict.
Accusatory Instrument
A document in which an accusation of a criminal
offense is set forth, which may include an “indictment,” an “information”
or a “complaint.”
Capital Case
A criminal case involving a charge of murder, for
which the people are seeking the penalty of death. If the defendant is found
guilty of the murder charge in a capital case, the jury will then consider
whether the death penalty should be imposed.
Challenges
challenge for cause - A request from a party that a certain
prospective juror not be allowed to be a member of the jury because of specified
causes or reasons.
peremptory challenge - An objection to the inclusion
on a jury panel of a prospective juror that may be raised without a showing
of reason. The court must excuse the person who has been challenged, and
has no discretion in this regard. The number of peremptory challenges is
limited by law and depends upon the nature of the matter which is at issue.
Jury Instructions (Judge’s Charge)
A direction given by the judge to a jury concerning
the rules of law that apply to the case, which the jury is bound to accept
and apply.
Rebuttal Evidence
Information and data which is offered by a party
to explain, counteract or disprove facts given in evidence by an adverse
party.
Sidebar Conference
The law provides that certain matters must be discussed
outside the presence of the jury if they involve questions of law, the presentation
of evidence or witnesses. These conferences are usually conducted to the
side of the judge’s bench while the jury is present in the courtroom
or the jury may be excused while the conference occurs.
Voir Dire
A preliminary examination by the court and attorneys
to determine the ability and objectivity of potential jurors
Juror Exit Questionnaire
Please take a few moments to complete the exit questionnaire given to
you by the jury staff. The purpose of the questionnaire is to help us make
jury service a more positive experience for those who are summoned for jury
service in the courts of New York State. After completing the questionnaire,
you may leave it in the office of the Commissioner of Jurors or mail it
to the address on the reverse side. If you wish to make remarks or suggestions
by telephone, you may call your local Commissioner of Jurors or toll free:
1-800-NY-JUROR
Thank you for the service you have given to your court system and the administration of justice.