Selection of a Jury in the US
In the US the selection of a jury starts when a large group of citizens is called to appear for jury duty at each term of court. They are selected according to constitutional provisions. Each state has its own qualifications for those who may serve on a jury. In general, all jurors must be US citizens, local residents, of approved integrity, and of reasonable intelligence. The group of jurors called at any one time is known as a panel. Both the state and federal courts have independent lists of jurors that are made up under the direction of officials known as commissioners of jurors. Jurors are paid, as provided by statute, for time spent serving on jury duty.
At a trial the selection of the jury is made subject to the direction of the presiding judge. The names of the prospective jurors are drawn by lot by the clerk of the court. Both the defense and the prosecution may examine the jurors to ascertain whether cause for challenge in any particular case exists—that is, whether circumstances exist that might improperly influence a juror's decisions, such as bias or self-interest. The parties to the action or their attorneys may then exercise their right to eliminate undesirable members from the jury by means of challenge.
Functions of a Jury
After a satisfactory jury has been drawn, the jury is sworn, and the trial proceeds. In general, during the progress of a trial, all questions of law are determined by the court and questions of fact by the jury.
After all the evidence has been presented, the two counsels, first for the defendant and then for the plaintiff or prosecution, «sum up,« that is, each addresses the jury, reviewing the evidence in the case and commenting on it in a manner favorable to that counsel's side of the case. The judge then makes a charge to the jury. The charge is a statement of the rules of law applicable to the evidence in that particular case. It is given in order to aid the jury in rendering a correct verdict. The jury then retires from the courtroom to begin deliberations. These deliberations continue until an agreement as to the verdict is reached, or until the presiding judge deems that the jury cannot reach an agreement. The latter case is known as a hung jury. In the event that no agreement is reached, a new trial may be called. All members of a jury must agree on a verdict, which in a civil trial may be «for the plaintiff» or «for the defendant,« and in a criminal trial «guilty» or «not guilty.» (In some states, however, the verdict in a civil trial need not be unanimous.) In a civil trial the jury is then empowered to set the amount of any damages. The verdict of a jury is decisive and cannot be disturbed unless rendered contrary to law or against the weight of evidence. In such a case the verdict may be set aside, either by the presiding judge or later on appeal.
Task 2. Find the appropriate definitions:
| ascertain | отвод (присяжным, свидетелю), давать отвод |
| alternate juror | устанавливать; определять; выяснять; удостоверять |
| summon | коллегия присяжных равного с подсудимым социального статуса |
| recognitor | (1) созывать; (2) вызывать |
| challenge | заместитель присяжного |
| jury of peers (jury of one's peers) | (1) присяжный; (2) лицо, дающее обязательство в суде |
| inquest | истец |
| suitors | расследование, дознание, следствие |
| panel | единодушный, единогласный |
| unanimous | список присяжных заседателей |
| hung jury | явиться для заседания суда присяжных |
| to disturb the verdict | изолировать |
| deliberation | коллегия присяжных, не пришедших к единому мнению |
| sequester | поставить вопрос о пересмотре вердикта |
| report of jury service | совещание, обсуждение |
ANSWER THE FOLLOWING QUESTIONS:
1. What is a jury?
2. What is known about the origin of a jury?
3. What was the procedure of affecting the title to real estate in XII century?
4. Who was a predecessor of a juror?
5. How the performance of jury's function was changed in the early 15th century?
6. What do you know about the selection of a jury in the US?
7. How does a jury work?
Task 3. True or false (correct if the statement is false)?
(1) Petit jury is a jury of 12 persons empanelled to determine the facts of a case and decide the issue pursuant to the direction of the court on points of law.
(2) The jury derived from Norman institution of recognition by sworn witnesses.
(3) In the early 15th century the jury members were not only judges of fact, but also witnesses or possibly the suitors themselves.
(4) Panel is a list of persons summoned for jury service.
(5) Jurors are not paid for time spent serving on jury duty.
(6) Only the judge has the right to challenge a juror in case of his bias or self-interest.
(7) All questions of law are determined by the jury.
(8) After all the evidence has been presented the judge «sums up,« reviewing the evidence in the case in order to aid the jury in rendering a correct verdict.
(9) Hung jury is a trial jury duly selected to make a decision in a criminal case regarding a defendant's guilt or innocence, but who are unable to reach a verdict due to a complete division in opinion.
(10) The verdict of a jury is decisive and cannot be disturbed.
Task 4. Study the text below, making sure you fully comprehend it. Where appropriate, consult English-Russian dictionaries and/or other reference & source books on law.
From the Juror's Handbook (New York Court System)
INTRODUCTION
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 special 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.
COMMON QUESTIONS OF JURORS
How are people chosen to be called for jury service?
The New York State court system maintains and updates each year the names of state residents who are included on certain lists — state and local taxpayers, licensed drivers, registered vehicle owners, applicants for or recipients of public assistance benefits and recipients of state unemployment compensation. Prospective jurors are selected randomly form those lists, as well as lists of persons who volunteer for service, by the Commissioner of Jurors or each county and the County Clerks in New York City.
Questionnaires are sent to people in the selected pool of names, which must be completed and returned. Those individuals who «qualify» for service — U.S. citizen and county resident; at least 18 years of age; mentally and physically capable of performing jury duty; with no felony convictions; and able to understand and communicate in English — may eventually be summoned to report for service.
How long does a juror serve?
The juror summons generally indicates the length and exact dates of the term that a juror is expected to serve. Those who are selected are only required to serve on one trial. On average, the length of a trial ranges from three to five days.
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, however, that require a court to «sequester» a jury on a criminal case overnight during deliberation on a verdict. In extremely rare cases, 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 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.
Are jurors compensated?
For each day that a juror performs service, he or she may be entitled to a per diem $15 allowance. The amount of the payment is established by the New York Sate Legislature.
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.
What about the juror's 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 and the question of salary and wages is a matter to be addressed between the juror and the employer.
Is possible to report for jury service but not sit on a jury?
Yes. In many cases, parties seek to settle their differences and 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 jury.