Trial by jury came with the colonists from England. One of the
grievances against the King of Great Britain listed in the Declaration
of Independence was depriving the colonists in many cases of the
benefits of trial by jury. Trial by jury is now guaranteed as
a fundamental right and part of due process of law by the Constitutions
of the State of Delaware and of the United States of America.
Jury service is a high duty of citizenship. Jurors play an important
part in the pursuit of justice. The protection of our rights is
largely achieved through the teamwork of judge and jury who put
into practice the principles of our great heritage of liberty
under law. The jury's function is to find the facts and the judge's
function is to state the law. The jury applies the law to the
facts to reach a verdict. Jurors' greatest reward is the knowledge
that they have discharged their duty to give a true, just and
fair verdict according to the evidence and law.
TYPES OF CASES
Cases are divided into two general classes: criminal
cases and civil cases.
Criminal cases are those in which individuals or corporations
are charged with violating the criminal law. The most serious
criminal charges are felonies, the lesser serious are misdemeanors,
and the least serious are violations.
Civil casesare those in which an individual
or corporation sues another individual or corporation seeking
an award of monetary damages. Every case requires the same careful
consideration whatever the seriousness of the offense charged
or the amount in controversy.
The Attorney General, who is the chief law enforcement officer
of the State, prosecutes all criminal proceedings. The attorney
general heads the State Department of Justice and appoints a number
of lawyers as deputy attorneys general to assist in the performance
of the duties of the attorney general.
All criminal prosecutions are brought in the name of the State.
The person charged with a violation of law is the defendant. The
charge against the defendant may be brought in two ways: by indictment
or information.
An indictment is a grand jury's formal written accusation charging
one or more identified persons with the commission of a criminal
offense. Each offense charged is set forth in a separate count
of the indictment.
There is a constitutional right to indictment by grand jury for
all serious crimes, or any charge commenced in Superior Court,
unless a defendant agrees to give up this right and consents to
the filing of an information. An information is a written charge
against the defendant filed by the attorney general rather than
by a grand jury.
An arraignment is the defendant's entry of a plea of "guilty"
or "not guilty" to the charges in the indictment or information.
No trial is needed when the defendant admits to committing the
crime by pleading guilty. Upon entry of a plea of not guilty,
the defendant must stand trial.
An indictment or information is merely an accusation and is not
evidence or indication of guilt. At trial, the defendant is presumed
innocent and may not be found guilty unless the State meets its
burden of proving to the satisfaction of the jury that the defendant
is guilty beyond a reasonable doubt.
The jury decides whether the defendant is guilty or not guilty
as to each offense charged. If the judge so instructs, the jury
may find the defendant guilty of a less serious offense than the
one charged. If a defendant is convicted, sentencing is the responsibility
of the judge.
Suppose that John Doe sues Richard Roe. The case is called John
Doe vs. Richard Roe. John Doe is the plaintiff and Richard Roe
is the defendant.
The plaintiff and the defendant are the parties. The plaintiff
states the claim in a complaint. The defendant responds to the
complaint in an answer. The complaint and answer are the main
pleadings. The pleadings frame the issues or points in dispute
between the parties.
A typical example of a civil case is one arising from an automobile
accident. The plaintiff claims injury as a result of the defendant's
negligent driving and the defendant may deny negligence or dispute
the degree of the claimed injury. At trial, the plaintiff has
the burden of proving a claim by a preponderance of the evidence.
The jury decides liability or legal responsibility and, if it
finds the defendant liable, awards damages to compensate the plaintiff
for harm caused by the defendant's negligence.
State law requires that jurors be selected at random from a fair
cross section of the county in which they serve. Thus, everyone
has an equal opportunity and obligation to serve.
The names of jurors are drawn at random from lists of registered
voters and other sources when necessary to assure that all groups
in the community have a chance to be represented. Those qualified
persons whose names have been drawn and who are not excused or
excluded from service are summoned to serve for a term or a case
are a panel.
Since jury service is an obligation of citizenship, persons summoned
should request excuse only when necessary. Although jury service
may be inconvenient, those who serve generally find it to be a
worthwhile experience and feel justifiably proud to have performed
this important civic duty.
The persons assembled for selection as jurors in a particular
case are the array. The array will be asked a series of questions,
called the voir dire, which means "to speak the truth." The clerk
or the judge will inform the array about the case and will identify
the parties and their lawyers. Questions will then be asked to
find out whether anyone has any personal interest in the case
or whether there is any reason why they might not be able to give
the case their undivided attention and render an impartial verdict.
For example, the court will ask whether anyone has a relationship
to the parties, attorneys or witnesses. Jurors should listen carefully
to all questions and respond at the appropriate time.
Names are drawn from the array at random until twelve persons
(or six, if the parties agree) are seated in the jury box. As
each name is called, the juror will be assigned to a seat by a
bailiff, a court employee who maintains order in the courtroom
and is responsible for custody of the jury. The person who is
seated in chair #1 is the foreperson.
In the selection process, the parties may challenge jurors. There
are two kinds of challenges: peremptory and for cause. There is
no limit to the number of challenges for cause that either party
may make. The court will grant a challenge for cause when there
is a specific basis to question a juror's ability to be impartial
in a particular case. The parties also have the right to a limited
number of peremptory challenges. No reason is required for an
attorney to exercise one of these. The peremptory challenge is
a right long recognized as a means of giving both sides some choice
in the make-up of their jury.
Jurors should realize that being challenged in no way reflects
upon their ability, integrity, or their qualification to serve
in other cases. When a challenge is exercised, the clerk will
ask the juror to step from the box and a new juror will be selected.
When both sides are content, or all challenges are exhausted,
alternates are selected. Alternates are often needed to replace
jurors who must be excused during the trial. Otherwise, they are
excused when the jury begins deliberations.
When the jury has been selected, the jurors will be asked to rise
and place their right hands on the Bible. Those who object to
swearing an oath may affirm by raising their right hands. When
the jurors have indicated assent by responding "I do," the clerk
says as follows: "Members of the jury, you have all been severally
sworn or affirmed. Stand together and hear the evidence."
The juror's oath is a solemn pledge to "well and truly try the
issues." That means that the juror will consider carefully all
of the evidence, will find the facts without passion or prejudice,
will apply the law without fear or favor, will put out of mind
and heart every extraneous matter, and will "a true verdict give
according to the evidence."
The evidence consists of the testimony of witnesses and the exhibits
received in evidence. Most witnesses may only testify to facts
observed by them. However, expert witnesses who are qualified
by special knowledge in some field may offer opinions within their
field of expertise. For example, physicians may give an opinion
on whether a plaintiff's injury was caused by the automobile accident
with the defendant. Witnesses normally testify in person, but
they sometimes do so before trial at a deposition, and their testimony
is read or played to the jury. Exhibits will be available in the
jury room for examination during deliberations. During the trial,
witnesses called by either side are questioned by the lawyer who
calls them in direct examination and may be questioned by the
lawyer on the other side in cross-examination.
The judge may be asked to decide questions of law during the trial.
These questions often involve objections to evidence. Jurors should
not hold the making of objections against a lawyer or the lawyer's
client, because it is a lawyer's duty to represent the client
in this way. Argument on such questions must ordinarily be made
outside the presence of the jury. This may be done at a sidebar
conference.
Occasionally, the judge may ask jurors to leave the courtroom
while the lawyers make their legal arguments. The jurors should
understand that such interruptions are needed to make sure that
the jury's verdict is based upon proper evidence. What evidence
is proper for the jury to consider is governed by the rules of
evidence. The judge will either sustain, meaning agree with, or
overrule, meaning disagree with an objection.
A ruling by the judge does not indicate that the judge is taking
sides or commenting on the weight of the evidence. The judge is
merely saying that the law of evidence does or does not permit
a question to be asked or evidence to be presented. Jurors may
give the evidence whatever weight they consider appropriate, but
they must base their verdict solely on the evidence that the judge
rules admissible.
After the evidence is completed, the lawyers have the opportunity
to sum up the evidence in their closing arguments. The attorneys
will try to persuade the jury to accept their client's view of
the case. After hearing the lawyers advocate their client's claims
and contentions, the jury is better able to determine the true
facts.
The judge will instruct or charge the jury on the law after closing
arguments and before jury deliberations. The instructions will
state the contentions of the parties and the issues or disputes
of fact to be decided by the jury. The judge will also state the
rules of law relating to the evidence presented. The judge will
not directly or indirectly comment on the weight of the evidence,
because the jurors are the sole judges of the facts. However,
jurors must follow the law as stated by the judge, regardless
of any personal opinion they might have of what the law is or
ought to be.
Verdict means "true declaration." A true declaration is a verdict
based solely on the evidence presented by the parties and the
rules of law laid down by the judge. The jury's verdict is usually
final.
When all jurors have agreed to a verdict, the foreperson notifies
the bailiff, who assembles the parties in the courtroom for the
announcement of the verdict. The clerk will inquire whether the
jury has agreed upon a verdict and ask the foreperson to rise
and deliver the verdict. Upon the request of a party to poll the
jury, each juror is asked to confirm agreement to the verdict
announced by the foreperson.
Courtroom Etiquette Jurors should follow common courtesy as a
safe guide to their conduct. For example, jurors may not have
read anything, such as a newspaper, or carry on a conversation
in the courtroom during the trial.
Jurors should dress appropriately. Although the court does not
have a specific dress code, jurors should not dress in such a
casual way as to suggest a lack of appreciation of the importance
of the issues to be decided by them to the parties and the public.
Jurors should inform the bailiff of any personal problem or, in
an emergency, may contact the presiding judge. Jurors will be
treated with consideration and their comfort and convenience will
be served whenever possible.
Jurors should bring to the attention of the court any matter affecting
their service. For example, they should promptly notify the bailiff
if they cannot hear or see what is being said or shown to the
jury.
Jurors should be prompt. Tardy jurors interfere with the work
of the court and inconvenience the parties, witnesses, and other
jurors.
Jurors should keep an open mind throughout the trial. Therefore,
jurors should not form or express opinions or talk about the case
until it is submitted to them for deliberations.
Jurors should not take notes without requesting permission from
the presiding judge. Although note-taking should not normally
be necessary, upon the giving of the appropriate instruction,
the judge will usually grant such a request.
Jurors should not consider the statements of the lawyer as evidence
or law. Any statement of fact that is not proven by the evidence
and any statement of law that is not consistent with the judge's
instructions should be disregarded.
Jurors should use their common sense and general experience, but
may not rely upon special knowledge of the subjects in dispute.
Any such special knowledge should be disclosed to the court.
Jurors should not inspect the scene of an accident or of any event
in the case. If an inspection is necessary, the judge will have
the jury view the scene as a group.
Jurors should not linger in the corridors or areas of the courthouse
where they might have awkward or embarrassing contact with people
interested in the case, and should not have any conversation at
all with any party, witness, or person interested in the case.
Such contact or conversation, however innocent, has an appearance
of impropriety.
Jurors should not hear any comment about the case by anyone not
on the jury, including their family or friends, and should not
read, hear, or see any report about the case in the news. The
jury's verdict may not be influenced by any such comment or report.
Jurors should inform the presiding judge if they realize during
the trial that they know something about the case or someone involved
in it, or if there is any other reason why their ability to be
impartial might reasonably be questioned. The juror should not
mention any such matter in the hearing of the other jurors.
Jurors should report to the presiding judge any improper conduct
by any jurors or any attempt by anyone else to talk or otherwise
communicate with a juror about a case in which the juror is sitting.
It is improper for a juror to receive any information about a
case other than the evidence presented in court.
Jurors should be free from outside influences, and to assure this,
they may be sequestered or kept together until a verdict is reached.
This happens rarely, and, when it does, food and lodging are provided
and jurors are given an opportunity to make necessary personal
arrangements.
Jurors should cease all conversation about the case when a recess
is declared in jury deliberations for lunch or overnight, and
may not resume until all jurors have returned to the jury room.
All discussion must take place in the jury room with all jurors
present.
Jurors should give full and fair consideration to the case. All
jurors should have an opportunity to participate in the jury's
deliberations.
Jurors should discuss the issues and freely exchange views with
their fellow jurors before committing themselves to a particular
position. They should not hesitate to change their minds when
convinced by points made by other jurors.
Jurors should give careful consideration to the opinions of their
fellow jurors, but they should not give up an opinion they continue
to be convinced is correct for the purpose of returning a verdict.
Jurors should seek to unanimously agree to a verdict. However,
if the jury cannot reach agreement after conscientious effort,
the judge will declare a mistrial and discharge the jury as a
"hung jury."
Jurors should put any question or request during deliberations
in writing for delivery by the bailiff to the judge. The judge
will confer with counsel and respond to the jury's note as promptly
as possible.
Jurors should not allow bias, sympathy, or the consequences of
a verdict to influence their deliberations. They should seek to
do justice between the parties and should deliberate with a desire
to declare the proper verdict.
Jurors should be cautious about making comments on their verdict.
They are under no obligation to speak to anyone about the case
and would be wise not to do so.
Jurors should take care not to make any comment about the case
that they would not be willing to state under oath, in case the
losing litigant considers the juror's comment cause to challenge
the jury's verdict in court.
All parties are equal before the law and each is entitled to the
same fair treatment—whether individual or corporation and
whatever race, religion, sex, national origin or economic status.
Justice ultimately depends upon the quality of the jurors who
serve in our courts. There is no more worthwhile work than the
proper performance of jury duty, and the faithful fulfillment
of this obligation should bring its own reward in the satisfaction
of an important civic service well done.
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