"Do you swear or affirm that you will try the matter in dispute and give a true verdict according to the evidence?"
N.J.S.A. 2B:23-6 Oath of Jurors
| Information for Jurors |
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Each day, American citizens just like you participate in our judicial
process by serving as jurors. This page explains how lawsuits are
tried and the important role of jurors within the judicial system.
The United States jury system and our system in New Jersey have
their source in English history. The right to trial by jury in
this country dates back to the Colonial period. This right is
discussed in the Declaration of Independence, and is guaranteed
by the Sixth and Seventh Amendments to the United States Constitution,
and in Article One of the New Jersey Constitution.
The guarantee of trial by jury is the reason you have been called
to serve as a juror. It is both an honor and a duty to participate
in our judicial process. As a juror, you will have the opportunity
to observe, participate in, and increase your knowledge about the
operation of our court system and the judicial branch of government.
If you have questions about the jury process in a particular county,
please contact the jury manager in that county. For general questions
please contact Michael Garrahan, New Jersey Administrative Office
of the Courts.
What Is the Difference Between a Civil and a
Criminal Case?
A civil case for which a jury is involved is generally a dispute between
two or more parties that does not involve a criminal matter, and is not a
dispute between family members regarding divorce or child custody. In family
matters, a judge handles the case without a jury. In a civil matter, in order
for a plaintiff to win a case, it is oniy necessary for the plaintiff to prove
his or her case by a preponderance of the evidence or in some cases
by clear and convincing evidence
In a criminal matter, the defendant has a right to a trial by jury The
defendant is also constitutionally entitled to be presumed innocent of the
charges until the jury finds otherwise. More proof is required to find a person
guilty of a crime than to return a verdict for a plaintiff in a civil case. In
order to return a verdict of guilty in a criminal trial, the charges must be
proven beyond a reasonable doubt.
In both a civil and criminal case, the judge instructs jurors on the standards
to be applied in the case. In most civil cases, six jurors sit to hear a
matter, although there may be 12 jurors. In criminal cases, 12 jurors are
impanelled. To accommodate situations in which additional jurors may be needed,
for example if a juror needs to be excused after the trial has begun, more than
the required number of jurors are initially selected in both civil and criminal
trials. These individuals serve as alternate jurors. They do not participate
in deliberations but may be asked to remain at the courthouse until deliberations
are completed. Those selected as alternate jurors perform a valuable function
by participating at trial and being available to replace excused jurors, if
necessary. In a civil trial, five jurors are needed to return a verdict in favor
of one party or the other. In a criminal case the verdict must be unanimous.
How Does My Role as a Criminal Juror Differ From That of
a Civil Juror?
The duties of a criminal juror are not significantly different from those
of a civil juror. In both cases, jurors are required to pay attention in court,
listen to all the evidence presented, and render a verdict at the end of the
trial based upon the evidence presented and the law, as instructed by the
judge. In most criminal cases, jurors will not be asked to pass a sentence on
the defendant. It is the judge who imposes sentence if a jury determines that
a defendant is guilty. However, in a capital case in which the prosecuting
attorney is requesting the death penalty, the jury will be asked to recommend
whether the court should impose a death sentence.
How Does a Civil Case Get to Trial?
In a civil case, the party filing a lawsuit is called a plaintiff. The party
against whom the lawsuit is filed is called a defendant. Notice of a lawsuit
is given to the defendant
by the service of a summons. The plaintiff's claim and demand are stated in a
complaint. The defendant's response to the complaint is called an answer. If
the defendant makes a claim against the plaintiff, this is called a
counterclaim. If a counterclaim is made, the plaintiff's response is called an
answer to the counterclaim. If there is more than one defendant, and the
defendants make claims against each other, these are called cross claims.
All of these documents, a complaint, answer, counterclaim and cross claim, are
called pleadings and will have been exchanged between the parties some time
before the actual trial begins. If more than one party has more than one claim
against another party, each claim may be stated as a cause of action. After the
complaint, answer, counterclaim and cross claims have been filed, the parties
engage in a process called discovery. This is an exchange of information
regarding their claims, including an exchange of documents and the opportunity
to question witnesses. The questioning of witnesses takes place at a deposition,
during which the witness is placed under oath. The questions and answers are
recorded by a stenographer and produced in the form of a transcript. The deposition
may also be videotaped. The case is scheduled for trial after discovery is
completed and the parties have filed pretrial motions. Pretrial motions involve
matters that the parties need to bring to the court's attention before the
trial begins.
How Does A Criminal Case Get to Trial?
All criminal actions are prosecuted in the name of the state of New Jersey.
When a criminal offense is committed, it is the laws of the state
that are broken, and thus the offense is against the people of the state. Either
a civilian or a police officer may fill out a criminal complaint. The complaint
is then forwarded to the county prosecutor's office for a determination as
to whether the complaint should be brought before a grand jury. In some
cases, the defendant may waive his or her right to an indictment by a grand
jury and the offense charged may be brought directly to court for a trial by
a jury.
The primary function of the grand jury is to determine whether there is a "prima
facie" (Latin meaning "at first glance") case leading the grand jury to believe
that a crime was committed and that the accused committed the crime. In short,
the grand jury serves as a screening mechanism to protect citizens ftom unfounded
charges. The function of the grand jury is not to determine whether someone is
guilty or not guilty of a crime -- that is the responsibility of the petit jury,
otherwise known as the trial jury. The grand jury considers whether there is
sufficient evidence to bring criminal charges against a person The standard before
the grand jury is not the same as the standard before the criminal trial jury
and a full blown trial is not conducted before the grand jury. Also, the technical
rules of evidence do not apply to the grand jury. After the charge is presented,
the grand jury will hear testimony and review the evidence the state has gathered
in support of its charges. The grand jury has the power to compel witnesses to
attend its hearings; the accused and any witness on behalf of the accused generally
do not testify. Grand jury hearings are not conducted in public so that witnesses
may speak freely and so that the accused will not be publicly tainted if no indictment
is returned. This is different from civil and criminal trials where, except in
the case of family and juvenile matters, the trials are open to the public. The
grand jury may either return a no bill, which means no indictment, or a true
bill, which is an indictment. Each offense charged must be separately stated,
although the charges may be combined into one indictment. Each charge in an
indictment is called a count.
Some time before the trial, the defendant will appear before a judge at an
arraignment and enter a plea of guilty or not guilty.
If the defendant pleads not guilty, a trial date is set.
Before trial, there is a process called discovery which requires the
prosecutor to provide the defendant with a list of witnesses he or she expects
to call and information about any evidence obtained against the defendant. This
evidence includes things that may incriminate the defendant, as well as
evidence that may show the defendant did not commit the crime.
What Are the Requirements of Grand and Petit Juries?
The terms "grand jury" and "petit jury" are French in origin
"grand" meaning large and "petit" meaning small. The terms refer
to the number of jurors serving on each jury, not the importance of the
respective functions. There are 23 members who deliberate as a grand jury but
no more than 12 who deliberate as a petit jury, whether in a civil or a criminal
trial.
The grand jury is part of the criminal justice system. Although it acts under
the authority of the courts and is considered a part of the court system, it is
an independent body with the authority to conduct investigations, to direct the
prosecutor to assist in those investigations, and to subpoena witnesses
as well as other evidence necessary to the investigations.
State
law requires that there be at least one grand jury sitting in each county
at all times. The requirements for serving as a grand or petit juror in New
Jersey are the same. A person must be at least 18 years old, a United States
citizen, a resident of the county in which summoned, and be able to read
and understand Engilsh. Also, grand and petit jurors cannot have pleaded guilty
or been convicted of an indictable offense, and must be able to mentally and
physically perform the functions of a juror. The judiciary will, with advance
notice, provide reasonable accommodations consistent with the Americans with
Disabilities Act if such accommodations are needed.
How Is a jury Selected?
The entire group summoned for service by the Assignment Judge is called the
jury panel. The Jury Management Office within each county works with the trial
judges and criminal and civil division managers to schedule a sufficient number
of jurors for each day's anticipated trials. The Jury Management Office
communicates with judges or their staff throughout the day so that jurors are
available when needed and so that members of the jury panel may be dismissed
for the day once all trial needs are met.
The first step in a trial is to select from the panel the number of jurors
required to try the case. As discussed earlier, in a civil case there are
usually eight jurors seated, with six deliberating and the others selected as
alternates. In criminal cases, there are usually 14 jurors selected so that
alternates are available. Jurors may be selected by drawing names or
numbers from a box, or they may be randomly selected by computer. If you are
called as a prospective juror you are required to truthfully answer all
questions regarding your qualifications to serve as a juror in the case. Each
of the lawyers or participants in the case has been provided with a jury list,
which contains information regarding each juror's name, address and
occupation.
After a short statement is given describing the case and the parties involved,
the judge will question the prospective jurors to determine if they are
qualified to act fairly impartially and have no interest in the result of the
case. There are certain legal grounds for which a juror may be challenged for
cause and excused, such as a juror being incapable of being impartial due to
prior dealings with a party, witness, or attorney involved in the case.
In addition, each side can excuse a certain number of jurors without giving any
reason These are called peremptory challenges. The number of peremptory
challenges is limited and is specified within the court rules. Peremptory
challenges may be used, for example, when a party believes that a prospective
juror has had some experience with the issues or facts in the case, and that
experience could impact how that juror will decide the matter. In that situation,
a party may simply prefer to have another juror seated. Jurors who are
challenged should not feel offended -- such
procedures are simply another safeguard operating within our trial system. The
lawyers or the judge may ask prospective jurors questions about their personal
lives and beliefs. These questions should be answered fairly, openly, candidly,
and without embarrassment. If there is any reason prospective jurors feel they
should not serve, that reason should be made known during this questioning. If
there is a question a prospective juror feels he or she cannot answer in
public, a request may be made to tell the judge privately at the bench. The
entire process of juror questioning is called voir dire, which is French
for "speak the truth."
Why Do Jurors Take an Oath in a Civil and Criminal Case?
After the jurors are selected, they are required to swear or to affirm,
that they will "...try the matter in dispute and give a true verdict
according to the evidence." When the jurors take this oath, they become
the judge of all questions of fact and are duty bound to act fairly and
impartially in considering the evidence presented.
After the oath is administered, the trial begins. At this time, the judge may
give some preliminary instructions regarding how the case will proceed, as well
as particular instructions regarding procedures in that judge's courtroom.
What Is An Opening Statement?
At the beginning of the trial, each side has the opportunity to make an
opening statement explaining its case, but is not required to do so. In an opening
statement, attorneys for each party will explain the claims and outline the
evidence they will use to prove their party's claim. These statements are not
evidence, but only an explanation of what each side claims and expects to prove
during the trial. Any claims made in the opening statement must be proven by
evidence. In a criminal case, the offense is against the people of the state,
and the lawyer representing the state is called the prosecutor. The
prosecutor is required to make an opening statement. The defense is not required
to make an opening statement.
How Does Each Side Present Its Case?
Anything that tends to prove or disprove a claim about facts is called
evidence. Evidence generally takes two forms: oral and documentary. Oral
evidence comes in the form of testimony from witnesses. Documentary evidence
may be something in writing, or it may be an article such as a photograph
or a sound recording. Tangible evidence, such as the piece of an engine or some
other object, is called an exhibit. The trial judge manages the trial and rules
on the admissibility of evidence.
During the trial, lawyers may refer to exhibits "marked" for purposes of
identification and ask the judge to admit the documents or objects "into
evidence." Evidence can also be the statement of a witness -- a person who
observed or participated in an event relevant to the subject of the trial. The
witness' statement is called testimony. Whether an individual witness may give
testimony is a decision made by the judge. In some cases, the parties may
present the testimony of expert witnesses.
An expert witness is someone who, because of his or her
qualifications, is in a position to evaluate certain evidence and render an
opinion The judge determines, prior to that person being permitted to testify,
whether a witness is qualified as a matter of law as an expert. If a witness
is absent, written testimony, or in some cases videotaped testimony, may have
been taken before the trial under oath in a deposition Parts
of the transcript of a deposition may be admitted as evidence at a trial and
will be considered with all other evidence presented in the case.
How Are Witnesses Examined?
T o help prove a case, witnesses are generally called to testify. The
witnesses are sworn to tell the truth. A lawyer who has called a witness
proceeds with direct examination, asking questions of the witness that will
bring out the facts of the case. In any important matter, the lawyer, on direct
examination, is not allowed to lead the witness by asking questions in a form
that would suggest the answer. For example, a question that starts out by
saying "you agree that..." is a leading question.
The questions asked must also have some bearing on the case and must be within
the direct knowledge of a witness. A witness cannot speculate.
If these and other rules are not followed, a lawyer for the other side may
object to the question. If the question is improper, the judge will
sustain the objection, which means that the question cannot be answered.
If the question is proper, the judge will overrule the objection and the
witness will be required to answer. The fact that the judge makes a ruling on
a particular question does not reflect the judge's opinion regarding the
reliability of a witness, and it is important that jurors not give such rulings
any weight when considering the evidence presented by either side.
When the direct examination is concluded, the lawyer for the other side may ask
questions of the witness. This is called cross-examining the
witness. The cross-examining lawyer is allowed to ask leading questions. At
the conclusion of the cross-examination, the first lawyer may ask questions to
clarify points developed during the cross-examination. This is called redirect
examination. If, during testimony by the witness, the
judge rules that a portion of the testimony be stricken from the record, the
trial judge will instruct the jury to disregard that portion of the
testimony.
Each juror should pay close attention to the witness who is testifying, both to
hear what the witness says and to watch the witness's manner and actions. In
evaluating a witness's testimony a juror may consider the witness's credibility
and ultimately decide how much weight the testimony deserves.
When all evidence for the plaintiff or the state has been submitted, the
plaintiff's lawyer or the prosecutor indicates this by resting the case. The
defendant's lawyer then has the opportunity to call witnesses for the defendant
and offer evidence to support the defendant's case following the same rules and
procedures outlined for the prosecution. Because the defendant is presumed
innocent, he or she is not required to testify nor is the defendant required
to present evidence proving his or her innocence. During the trial, the judge
will give jurors instructions regarding the defendant's presumption of innocence
and the state's burden of proof. When the defendant's case has been completed,
the defendant's lawyer rests the defendant's case. The plaintiff or prosecutor
then has a final opportunity to offer evidence, known as rebuttal evidence, to
explain or deny any of the defendant's evidence.
What Are Closing Statements?
After all the evidence has been presented, the lawyers may make their final
arguments to the jury and give the reasons they believe their client should
prevail. Lawyers for each side will attempt to point out why their client's
witnesses should be believed and why their evidence is more credible than
evidence for the other side. While you should listen to the closing arguments
carefully, always remember that lawyers are only arguing for their clients.
What they say is not evidence. You should not make up your mind until you have
heard all sides of the case and the instructions of the judge, and have
an opportunity to deliberate with your fellow jurors.
What Is the Judge's Role During the Trial?
The judge is responsible for making sure that the trial proceeds in
a proper manner. The judge is also responsible for deciding issues of law and
procedure that may arise during the trial and for instructing the jury on the
law.
During the trial, a lawyer might request a judge to take action. This is usually
done by making a motion. For example, a lawyer may make a motion to strike
certain testimony because it was not properly given. If the judge orders the
testimony stricken, the jury must disregard it and may not consider it during
deliberations. A lawyer may also make a motion to prevent a witness from
testifying. These motions are usually heard by the judge alone, after the jury
has been excused to the jury room.
During a trial, a juror may notice that the judge calls the lawyers to the bench,
or
the lawyers may request to approach the bench to discuss a point of the case
out of hearing of the jury. Such discussions, commonly referred to as side bar
discussions, are between the judge and lawyers only, and often concern matters
of law or procedure. Having lawyers approach the bench avoids the inconvenience
of sending the jury from the courtroom. However, if the discussion is going to
be lengthy most judges will excuse the jury. The jury must decide a case
on facts alone, thus it is the policy to discuss questions of law and
procedure out of the jury's hearing to avoid confusion. Jurors should not
attempt to draw any conclusions about what has been said out of their
hearing.
At the close of either party's case, or after all evidence in the case has been
presented, one or both sides may make a motion to the court for a directed
verdict. That party is indicating their belief that the other side has not
presented credible evidence that supports their position. If the judge agrees
that the facts are undisputed, or the law dictates that one of the parties is
entitled to a judgment, the judge will issue the appropriate verdict. In such
a case, the judge alone is responsible and the jury must do as the judge directs.
Judges seldom grant motions for a directed verdict. Not granting such a motion
does not mean that the judge believes the other side is guilty.
It means that the judge believes there are disputed facts and the jury should
render a verdict in the matter.
Why Does the Judge Instruct the Jury at the End of
Trial?
As noted earlier, the judge's role is to decide issues of law, and the
jurors' duty is to decide issues of fact and apply the facts to the law. The
judge does not presume that you, as a juror, know the law on any given
issue. Rather, at the end of the case the judge will tell you what the law is.
You should listen very carefully to these instructions and try to remember
them. These instructions will guide your deliberations. The trial judge will
identify one of the jurors as the foreperson. The foreperson's duty is to
communicate with the court on the jury's behalf and to facilitate discussions
between the jurors. The foreperson does not carry any more weight in the
deliberations than any other juror. Once the jury has reached a verdict, the
jury foreperson will report to the court officer that a verdict has been
reached and the jurors will be called back into the courtroom where the jury
foreperson will read the verdict.
How Should a Juror Behave During a Trial?
There are certain rules that a juror should follow throughout the trial in
order to be fair to all sides. During the trial, jurors should not talk about
the case with other jurors, or with other persons, or allow people to talk
about the case in their presence. If a person persists, a juror should report
the matter to the judge or a court official immediately. Jurors are given juror
identification badges during their service so that no one mistakenly attempts
to engage them in conversation regarding any case being heard.
Jurors should not talk about the trial with witnesses, lawyers or anyone else
related to the case during the trial because it could appear that something unfair
is going on even though the discussion may have nothing to do with the trial.
The judge may also instruct jurors not to listen to the radio, watch television
reports or read articles regarding the trial. Even if the judge does not
specifically prohibit it, jurors should not read or listen to news reports
about the trial during the trial.
If I've been determined to be eligible to receive unemployment benefits in NJ, do I remain eligible for those benefits when I serve as a petit juror, grand juror, or State grand juror?
Yes, unemployment benefits are not affected by service as a juror because NJ Statute 43:21-4(c)(5) protects those benefits during juror service. That statute states the following:
(5) An unemployed individual, who is otherwise eligible, shall not be deemed unavailable for work or ineligible solely by reason of the individual's attendance before a court in response to a summons for service on a jury.
If an employment interview is scheduled on a day on which you need to report for juror service, advise the Jury Manager in advance, if possible, and be prepared to provide verification of the interview.
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