Jury trials have
been an important part of the American legal system for more than two
centuries. They are an integral part of the laws which protect the fundamental
rights of all citizens. Jury duty is an important and rewarding service
which you are summoned to provide by the court for your township. Through
your service, the people of Redford Township participate directly in
the administration of justice.
Participants
in a Trial
A jury trial involves
many people. Those individuals who are direct participants in courtroom
proceedings include the following:
Judge- will
preside over the trial, instruct the jury, make rulings on points
of law, and have general charge over the proceedings of the trial
and its participants;
Parties-
in a civil trial are the plaintiff and defendant; in a criminal trial
they are the prosecutor (representing the people of the state of local
political subdivision), and the defendant (the person charged with
the crime);
Attorneys-
participate in trials as advocates for the parties in controversy
by presenting their client's case;
Witnesses-
present testimony under oath concerning what they have seen or know
about the facts of the case;
Prosecuting
Attorney- is the official representing the state or a local city,
township or village in a criminal case or certain civil cases;
Court Recorder-
records and logs all trial proceedings and will be responsible for
preparing a typewritten transcript of the trial if requested by either
party;
Court Officer-
or bailiff opens court and is responsible for maintaining order and
security in the courtroom and protecting the jury from outside interference
when they are deliberating.
How
the Jury Chosen
Your name has been
drawn at random from a list of licensed drivers in Wayne County. From
this list of individuals, jurors will be selected to comprise the jury
panel. Such persons, however, must be U.S. citizens and be able to read,
hear and speak the English language.
When you arrive
at the courthouse, a jury clerk will meet you in the jury assembly room
or other designated room. Before the selection of a jury begins, you
will be asked to swear and affirm that you will truthfully answer the
questions concerning your fairness and ability to sit as a juror on
a particular case.
As a prospective
juror you will be questioned by the judge or trial attorneys. This process,
referred to as Voir Dire, is conducted to determine whether you have
opinions or attitudes which would bias you in favor or disfavor of either
side. While some questions may be personal in nature, they are not intended
to embarrass you. They are asked to determine if there is a reason you
should not sit on the case.
Jurors may be excused
for cause for reasons such as a personal or financial relationship with
a party which would impair their ability to be fair. In addition, each
side may excuse a limited number of jurors by peremptory challenge without
any reason. Jurors who are excused for one case may be eligible to sit
on another.
Once selected as
a juror, you will need to listen to the judge, witnesses and attorneys,
consider the evidence presented, and make an intelligent and just decision
based on the evidence presented to you following the instructions provided
by the court.
Conduct
of a Trial
The trial will begin
with opening statements by the attorneys for both sides. The attorneys
will explain their client's position and what they expect to prove.
These statements are not considered evidence but are an introduction
to claims which must be proven by the presentation of evidence.
The examination
of witnesses and presentation of evidence will begin after opening statements.
The witnesses will first be examined by the attorney who called them,
then cross examined by the other attorney. This process can proceed
further by redirect and re cross examinations.
Attorneys may make
objections during the trial in an effort to limit the testimony being
presented. Objections are a legal and proper part of the trial process.
If the judge sustains the objection the evidence or testimony is not
proper, and if she overrules the objection, the line of questioning
may continue.
Occasionally during
a trial the jurors are excused so that arguments may be presented to
the court concerning an objection or other legal issues. This is done
outside the presence of jurors to avoid possible prejudice. These activities,
and the judge's ruling on objections, should not cause you to give either
side more favorable consideration.
In final arguments
both attorneys will have an opportunity to summarize their positions
and review the facts of the case. At the conclusion of the final arguments,
the judge will issue instructions to the jury concerning the law and
its application to the particular case.
The jurors will
then proceed to the jury room to begin deliberation. The jurors must
select a foreperson who presides over these deliberations. You will
discuss the evidence and attempt to arrive at a fair and an impartial
verdict based on the facts presented during the trial and the law as
given by the judge's instructions. When deliberations are complete,
you will return to the courtroom for the presentation of your verdict.
Jurors'
Responsibilities
Jurors must be prompt
in arriving at the court. A trial cannot begin unless all jurors are
present.
Jurors must give
their undivided attention to the witnesses, attorneys, and proceedings.
Remember that the outcome of the case is very important to those concerned.
Jurors must not
let radio, T.V., newspaper articles, or other publicity concerning a
case affect their decision. A verdict must be based on the evidence
presented at trial.
Jurors must not
discuss the case with friends, relatives, or trial participants during
trial or deliberation. If you are approached about the case, report
the incident to the court officer immediately.
Jurors must not
become involved in independent investigations about the case. When it
becomes necessary to inspect a scene, the jury will do so as a group
under the court's supervision only.
Jurors must be impartial
and avoid comments or expressions during the trial which convey feelings
about the case.
Final
Note
The jury is a critical
element in our system of justice. You should be proud of your service
as a juror. Your presence in the panel is necessary, regardless of whether
you are selected to serve on a case. The court and the litigants appreciate
your service.