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Juror
Responsibilities
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Disqualification of Jurors
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Juror Oath
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Types of
Cases
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Evidence
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Juror
Conduct
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Chapters 1-6
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Chapters 7-12
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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.
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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.
Chapters 19-24 ->
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