What kind of juries are there

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. 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. 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.

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 forepersons 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.

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 N. A c 5 protects those benefits during juror service.

Trial Jury A trial jury, also known as a petit jury, decides whether the defendant committed the crime as charged in a criminal case, or whether the defendant injured the plaintiff in a civil case.

Consists of people. Trials are generally public, but jury deliberations are private. Anything that tends to prove or disprove a claim about the 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 photo or a sound recording.

Tangible evidence, such as a piece of an engine or another object, is called an exhibit. The trial judge manages the trial and rules on the admissibility of evidence. Evidence can also be the statement of a witness, a person who observed or participatedmin an event relevant to the subject of the trial. 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.

Rather, 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, with the witness 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. To 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 ask leading questions, which are questions in a form that would suggest the answer. The questions asked must also have some bearing on the case, and must be relevant by addressing things the witness would be expected to know. 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. When the direct examination is concluded, the lawyer for the other side may ask questions of the witness, which is known as cross-examining the witness. The crossexamining lawyer is allowed to ask leading questions as described above. 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. During both criminal and civil trials, the judge will give jurors instructions regarding the burden of proof that applies to that particular trial, as well as instructions on other areas of the law.

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. While you should listen to the closing arguments carefully, always remember that lawyers are only arguing for their side of the case. 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 had an opportunity to deliberate with your fellow jurors.

The judge is responsible for making sure that the trial process 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 certain 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 received. 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 the judge call the lawyers to the bench, or the lawyers may request to approach the bench to discuss a point of the case out of the hearing of the jury. Such discussions, commonly referred to as side bar discussions, are most often between the judge and lawyers 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. Jurors should not attempt to draw any conclusions about what has been said out of their hearing.

The judge does not presume that you, as a juror, know what the law is 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 because they will guide your deliberations. The trial judge will identify one of the jurors as the foreperson.

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.

Filling out your questionnaire on-line will decrease the amount of time needed to confirm your request to be excused. You will be requested to enter your nine-digit participant number located on the upper left hand side next to your name on the front of this form and follow the audio prompt. If you have moved out of the Western New York area, please make the change to your address as instructed, complete the questionnaire and return it in the postage-paid envelope provided.

Please note the name of the court and the dates that you have served on the back of the jury qualification questionnaire under the "Remarks" area.

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You are responsible for providing your own transportation to the courthouse. If you cannot drive yourself, you should arrange to take a bus or have someone drive you. The Court will reimburse your bus fare to and from the courthouse. Please contact the Jury Office by calling Buffalo or Rochester or emailing at: bufejuradm nywd. You have been randomly selected for jury service for the United States District Court for the Western District of New York Federal Court and we have jurisdiction in 17 counties as described on the Home page.

There is no transfer of jury service. Each Court town, county, state and federal have their own jury system. You must comply with the Court that summoned you. If traveling by public transportation you will be reimbursed for that fare. You do not need to submit receipts. Please follow the directions for parking listed in your reporting instructions. You may park in any of the surrounding commercial parking lots. The Court will reimburse you for your parking expenses, not on the day you report, but when you receive your check for attendance.

You should bring enough money with you to pay for parking. Jury fees are paid within a four to six week period. Select the link below for travel directions to the Buffalo or Rochester courthouses.

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Please let the Jury Attendant know you require a Certificate of Service when you report for jury service.