-
Juror Responsibilities
-
Disqualification of Jurors
-
Juror Oath
-
Types of Cases
-
Evidence
-
Juror Conduct
-
Chapters 1-6
-
Chapters 7-12
-
Chapters 19-24
Members selected must
not have personal knowledge regarding the facts of the
particular case which might influence their decision. In
order to reach this objective, the judge or attorneys
question the jurors concerning their family relationship
with or their personal knowledge of the parties or the
attorneys and their personal knowledge of the facts of
the case. This is called the "voir dire," meaning "to
tell the truth." If the relationship or knowledge would
tend to influence the juror’s decision in the case, the
juror is disqualified from serving in the case.
The qualification of
jurors is one of the most important aspects of any
trial, thus making the honest and forthright answers to
the questions of the judge and attorneys unusually
important. Jurors may be selected or rejected for many
and various reasons, none of which reflect upon the
individual juror. Jurors should not take it as a
personal insult if they are not selected to serve. In
the event that the questions asked by the judge or
attorneys become offensive, a juror may request
permission of the court to refuse to answer.
Once a jury has
been selected, each juror selected is required to take
an oath of affirmation that he will return a verdict
according to the law and evidence as presented in court.
Back to Top
Jurors are
called upon to hear both criminal and civil cases.
Criminal cases are brought by the State of New Mexico,
or in some cases, by a city or county, against an
individual charged with a crime. The individual is not
guilty until the jury unanimously makes that
determination.
Civil
cases vary somewhat from criminal cases in that the
dispute is between individuals, business organizations,
or governmental entities, such as the State, a county or
a municipality. Ordinarily, one party called the
plaintiff will be making a claim for damages against
another party called the defendant. In some instances,
the defendant will also make a claim for damages against
the plaintiff, called a counterclaim. A third party
called a third-party defendant, may also be a party in
the action and damages or other relief may be requested
from this party. In civil cases the jury determines the
amount of money or other damages to be awarded.
In both civil and criminal
cases after the evidence has been presented, an
explanation of the law applicable to the case and other
instructions to the jury are given. This is usually
followed by closing arguments or statements by the
lawyers. The jury is then asked to deliberate and reach
a verdict in the manner described by the court.
Evidence
is usually presented in the courtroom by question and
answer. The attorneys or a party will question the
witnesses and the answers become the evidence which you
consider.
At times, the court will
prohibit a witness from answering to avoid the jury from
hearing improper evidence. The lawyers may object to
certain evidence and the judge will then decide if the
evidence may be presented to the jury. The jury should
not consider as evidence any statement made by a witness
or a lawyer which the judge has ruled to be improper
evidence.
In listening to testimony, the
jury should consider whether or not a witness is
truthful. It is important that a jury's decision or
verdict not be based upon false evidence.
Any documents, photographs, or
objects admitted into evidence are to be considered
equally with the testimony of witnesses. The jury may
also be asked to consider evidence in the form of
depositions which are statements made by witnesses prior
to trial. These will be read by the parties or attorneys
and are just as important as other evidence.
Jurors
remain seated throughout the proceedings in court except
when requested by the bailiff to stand.
The attitude and conduct of
each juror throughout the trial is equally as important
as that of the judge, parties, attorneys, and witnesses.
Because the jury has the important duty of deciding the
true facts and applying those facts to the law
applicable to the particular case, it is important that
each juror understand the facts and apply the applicable
law in order to reach a proper result.
It is important that jurors
arrive at the time scheduled for the case to begin.
Jurors must remain alert
throughout the trial. IF A JUROR IS UNABLE TO HEAR OR
SEE THE EVIDENCE PRESENTED, IT IS THE JUROR'S DUTY TO
MAKE THIS KNOWN TO THE JUDGE SO THAT APPROPRIATE
ARRANGEMENTS CAN BE MADE.
Jurors may not discuss the case
with anyone including the other jurors and if anyone
attempts to discuss the case with a juror, it is the
juror's duty to report this to the judge through the
bailiff. Discussions concerning the evidence, witnesses
or any aspect of the case with family members or friends
is prohibited.
Jurors must avoid news accounts
of the trial, whether they be on radio or television or
in the newspaper or other written publications.
Jurors may not inspect the
scene of the occurrence which is the subject of the
trial unless the court specifically makes provision of a
view of the scene. This is important because the place
where the incident occurred may be entirely changed from
what it was at the time of the occurrence.
Only in rare cases are members
of the jury kept away from their home continuously
during the trial. They can leave to go home at night,
but they cannot discuss the case with anyone, not even a
member of their family.
Jurors should dress comfortably
and conservatively in order to avoid distracting others
by their attire.
Jurors may not take notes or
draw pictures, diagrams or other memoranda to remind
them of the facts, but must rely entirely upon their
memory. This is to avoid over-emphasizing some facts and
de-emphasizing others.
Chapters 19-24 -> |
