I am pleased to welcome to you to the New York State courts and to jury service. You already have fulfilled a most basic obligation. The Constitutions of the United States and the State of New York guarantee to us the right to trial by jury when certain legal interests or liberties are at stake. These laws also provide that a collective body of "eligible" citizens shall perform as jurors, regardless of race, ethnicity, gender or economic status. It is a role you should assume with pride.While I recognize jury service is a burden, interrupting your personal and business lives, it is also a unique privilege we enjoy as citizens. Jury service is thus not only your responsibility but also your opportunity to participate in the American justice system, to learn firsthand how it works, and to help us make it work better.
For some time now, in the New York State Courts we have been engaged in a program of jury reform. Automatic exemptions have been eliminated, so that everyone will share the benefits and burdens of jury service; we are attempting to reduce the term of service, so that we take as little of your time as necessary; and we are paying special attention to your surroundings in the courthouses to make your stay more comfortable. This is an ongoing process, far from complete, and we welcome any suggestions you may have.
On behalf of the entire legal community, I want to thank you for your service as a juror. I hope that your time with us is interesting and rewarding.
Judith S. Kaye
Summer 1996Most people seldom need to think about a jury or how one operates within a trial. It is helpful to envision the jury as an arm of the court - its purpose is to consider the facts and circumstances which are presented in a case and to apply this information to the law.
Being a juror does not require any special skills, expertise or education. The jury's job is to determine the truth to the best of its ability on the basis of the evidence presented in a case.
This handbook provides information concerning the jury experience in the trial courts of New York State. It is not intended to replace the orientation session that is generally provided by the Judge, Commissioner of Jurors or the County Clerk, nor does it replace the instructions that a jury will receive from the judge presiding over the court. It is simply a supplement to the information and rules that will be provided by court personnel and the judge throughout the jury process.
How are people chosen to be called for jury service?
The New York State court system maintains and updates each year the names of state residents who are included on certain lists - state and local taxpayers, licensed drivers, registered vehicle owners, applicants for or recipients of public assistance benefits and registered vehicle owners, applicants for or recipients of public assistance benefits and recipients of state unemployment compensation. Prospective jurors are selected randomly form those lists, as well as lists of persons who volunteer for service, by the Commissioner of Jurors or each county and the County Clerks in New York City.
Questionnaires are sent to people in the selected pool of names, which must be completed and returned. Those individuals who "qualify" for service - U.S. citizen and county resident; at least 18 years of age; mentally and physically capable of performing jury duty; with no felony convictions; and able to understand and communicate in English - may eventually be summoned to report for service.
How long does a juror serve?
The juror summons generally indicates the length and exact dates of the term that a juror is expected to serve. The court system recently implemented a policy that will eventually be adopted throughout the State which allows for reporting jurors to be excused to be excused from service if they are not selected for a specific jury panel after one entire day. Those who are selected are only required to serve on one trial. On average, the length of a trial ranges from three to five days.
Is it true that sometimes jurors are not allowed to go home until after the trial is over? Is this common?
As a general rule, jurors to go home at the end of the day and return the next morning. There are occasions, however, that require a court to "sequester" a jury on a criminal case overnight during deliberation on a verdict. In extremely rare cases, a jury may be sequestered during the trial itself. "Sequestered" means that jurors do not go home at the end of the day, but stay in a hotel, where their access to other people and to radio and television news or newspapers is limited.
The expense of all meals and lodging for sequestered jurors is the responsibility of the Commissioner of Jurors of each county or the respective County Clerks in the City of New York.
Are jurors compensated?
For each day that a juror performs service, he or she may be entitled to a per diem $15 allowance. The amount of the payment is established by the New York Sate Legislature. Jurors who qualify for the allowance will receive a check from the New York State Department of Taxation and Finance, which is located in Albany.
No payment is made to jurors who are employed and who receiver their regular wages form their employer for ANY day during their term of their service.
No payment is made to jurors for the first three days of jury service IF they are employed by an employer who has more than ten employees. Such employers are prohibited by law from withholding the first $15 of daily wages during the first three days of jury service.
In rare instances, when service extends for more than 30 days, the court may authorize an additional allowance of $6 per day to be paid to a juror.
A juror may waive his or her right to the per diem allowance.
What about transportation costs?
A reporting juror is entitled to some form of reimbursement for transportation expenses, regardless of employment, for each day of attendance. In certain locations, bus and/or subway fares will be reimbursed, while in other areas, transportation payment is based upon the mileage to and from the court location at a rate of $.15 per mile. There is no reimbursement for parking fees or toll charges.
As of February 1, 1997, the daily juror fee will increase form $15 to $27.50 per day, and it will increase again in February 1998 to $40 per day. The transportation allowance will be eliminated altogether as of February 1997.
What about the juror's job?
New York State law prohibits an employer from subjecting an employee to penalties or termination of employment due to jury service - so long as the employee notifies the employer upon receipt of the jury summons. An employer may lawfully withhold wages during jury service(unless he or she employs more than ten persons... see "Are Jurors Compensated"), and the question of salary and wages is a matter to be addressed between the juror and the employer.
In order to verify to an employer that jury service was performed, jurors may request that court staff provide them with an attendance slip - "statement of service form' - which is required by most employers.
Is possible to report for jury service but not sit on a jury?
Yes. In many cases, parties, parties seek to settle their differences and to avoid the expense and time demanded by a trial.. Thus, while several trials may be scheduled for one particular day, the court cannot be certain until that morning, and sometimes afternoon, which cases will actually require a jury.
The juror's time is never wasted. Many times, it is the very presence of a jury - which signifies the trial process and an uncertain outcome - that encourages parties to resolve issues, reach a settlement, or enter a plea.
What is the possibility that a juror will be called again for service in the near future?
Beginning in June 1995, the method of selecting names for jury service was revised. Now, once a juror serves, he or she is ineligible to be called again for a minimum period of four years from the completion of service, although depending on the needs of the county, ineligibility for service may be two years from completion of service. At the expiration of such time, a juror who had served previously may receive a new qualification questionnaire - but only if they are randomly selected from the designated source lists.
The names of prospective jurors always are selected on a random basis. And, with the benefit of certain recent reforms, such as the elimination of automatic exemptions and individual eligibility for disqualifications, the pool of prospective jurors from which to summon for service will expand significantly, meaning that the same people will be summoned less often.
Will a person who has served automatically receive a summons every two or four years?
No. Although with random selection and the new method of selection, qualifications questionnaires may be sent to people who have already served. If they again qualify, their names will be placed in an "available to summon" status. Therefore, people who have previously answered questionnaires, and served, must nonetheless complete the new qualification questionnaire and return it to the Commissioner of Jurors or the County Clerks in New York City.
What can jurors do to make their service more enjoyable?
Jurors very often have to wait while important pre-trial activities take place before they are assigned to a particular jury. Reporting jurors are therefore encouraged to bring along books and newspapers, for example, to keep themselves busy before the trial activity begins. Once the trial commences, the proceedings require a juror's undivided attention.
Who else will be in the courtroom?
A number of people will be in the courtroom in addition to the judge and jury. The list below explains who they are and what they may be doing.
Plaintiff
In a civil case, the plaintiff is the party who initiates the lawsuit by bringing the case to court.
Defendant
In a civil matter, the defendant is the party who is being sued. In a criminal case, the defendant has been charged with a crime.
Attorneys or Counsel
In certain cases, including criminal cases, attorneys representing the plaintiff, the defendant or the government are referred to as counsel. An attorney representing the government in a criminal case is called the prosecuting attorney or the assistant district attorney, and in some cases, the assistant attorney general.
Court Reporter
The court reporter records the official record of the trial by recording every work which is spoken. This record will be converted into an official transcript of the trial.
Court Clerk
The clerk of the trial part, also called the clerk, maintains the court files and preserves the evidence presented during the trial. The clerk may also administer the oath to jurors and witnesses.
Witnesses
Witnesses provide testimony, under oath, as to what they have seen, heard or otherwise observed regarding the case.
Interpreter
Interpreters, under oath, provide language interpretation for the court on behalf of a non-English speaking party or witness.
Spectators
Spectators are members of the public who are generally permitted to observe the court proceedings. Often spectators include representatives or the media.
THE TRIAL COURTS OF NEW YORK STATE People who are called to jury service may be assigned to at least one of several trial courts. These courts possess varying powers - or jurisdictional authority - to hear and decide different categories of legal matters. There are also state courts that do not conduct jury trials, although they have important legal responsibility to process complaints, violations of local ordinances, arrests or criminal warrants.
A diagram is provided to illustrate the entire system of state courts, including the State's appellate courts (the Court of Appeals and the Appellate Divisions). A brief summary describing the legal matters addressed by the various trial and lower courts is also provided.
Court of Appeals Appellate Divisions
of The Supreme
Court
Appellate Terms
of The Supreme
Court
Supreme Court
Court of Claims
Family Court
Surrogate's Court
New York City:
Criminal Court
Civil Court
Outside of New York City:
County Court
City Court
District Court
Town & Village
CourtSupreme Court
This is a state wide court which is divided into four departments and twelve districts. Supreme Court has the most extensive authority to determine all categories of cases, including criminal and civil matters. The one exception is claims - or lawsuits - that are filed against the State of New York, which must be brought before a court called the Court of Claims.
Jury trials are commonly conducted in the Supreme Court.
Surrogate's Court
A court which has specialized power, the Surrogate's Court addresses all matters relating to wills, estates and property of deceased persons, and it shares with the Family Court the authority to handle adoption proceedings.
In only rare distances will a jury be required in a matter handled by a Surrogate's Court
County Court
County Courts are located in each county outside New York City. They handle all types of criminal cases and a limited number of civil cases that involve amounts of up to $25,000 in value.
Jury trials are commonly held in a County Court.
Family Court
This court handles a variety of legal matters relating to children and families, as well as offenses involving youths between the ages of eight and 16 that would be crimes if committed by an adult. Matters handled in this court include proceedings that relate to family conflict or violence, the determination of child or family support, child custody or paternity.
Jury trials are not held in this court.
District Court
These courts exist in Nassau and Suffolk counties to handle criminal matters and civil cases involving a certain monetary value, small claims proceedings, and traffic and parking violations.
City Courts (outside of New York City:
City Courts handle violations of local ordinances, such as cases involving traffic, housing or disorderly conduct. They also may handle minor criminal matters such as misdemeanors, and civil cases that involve a certain monetary value.
Even though jurors are called to service by the county, they may be referred to serve as a juror in a City Court.
New York City Civil Court
This court jurisdiction over civil matters and includes a Small Claims Court. It operates only in New York City.
Jury trials are held in this Court.
New York City Criminal Court
This court has jurisdiction over misdemeanors and violations and also is responsible for presiding over arrangements and other preliminary proceedings in felony cases.
Jury trials may be held in this court.
Town and Village Courts
The jurisdiction of these courts covers minor civil matters, small claims proceedings and certain minor criminal matters, including misdemeanors, petty offenses, the processing of arrests and criminal warrants.
Jury trials are held in these courts and jurors are summoned to report directly to the court. It is because Justice Courts are not courts of record that jurors who serve in these courts are not exempt from serving in other courts immediately thereafter.
A trial is a legal forum for resolving individual disputes, and in the case of a criminal charge, it is a means for establishing whether an accused person is legally guilty of an offense. The trial process varies with respect to whether the matter at issue is civil in nature or criminal. In either case, a jury acts as a fact-finding body for the court in assessing information and evidence that is presented by the respective parties in a case. A judge presides over the court and addresses all the legal issues that arise during the trial. A judge also informs the jury as to how to apply the facts ot the laws that will govern in a given case - this process is referred to as "jury instructions."
The general sequence of a jury trial is outlined below. Note that in a civil trial there is a plaintiff who commences a case, and that in a criminal trial, an Assistant District Attorney prosecutes a case on behalf of the "People" or the citizens of the State of New York.
I. JURY SELECTION
II. OATH & PRELIMINARY INSTRUCTIONS
III. THE TRIAL
Opening Statements - Plaintiff's Attorney
(or Prosecutor in a criminal case)
and Defendant's AttorneyTestimony of Witnesses & Presentation
of Evidence by Plaintiff's Attorney
and Defendant's AttorneyClosing Arguments - Plaintiff's Attorney
and Defendant's AttorneyJury Instructions
IV. JURY DELIBERATIONS & VERDICT
I. JURY SELECTION How are reporting jurors chosen to sit on a jury
The first phase of a jury trial involves the selection of a particular jurors - screening process which is known as "voir dire." In a criminal trial involving a felony offense, 12 jurors and up to six alternate jurors may be chosen; if the charge is a misdemeanor, a jury of six is necessary. In a case involving a civil matter, a jury will comprise six jurors and usually one or two alternates.
In a criminal case, a judge always will be present during jury selection to explaining the principles of law, to read the accusatory instrument, and at times also to question prospective jurors. In a civil case, the judge will commence the voir dire and generally oversee the entire selection process.
The court and the attorneys for the parties may question the jurors to determine their fitness to serve in a particular case. Such questions are intended to identify whether an individual may have certain biases or personal knowledge that could influence his or her ability to judge a case objectively. In order to screen out those jurors who they believe would be inappropriate for a particular case, the attorneys have the right to "challenge," or eliminate a prospective juror from serving on the panel if they offer a justifiable reason why the juror should be eliminated. There is no limit to the number of times that this challenge may be exercised.
The lawyers also have a fixed number of challenges for which a reason does not have to be given - these challenges are known as "peremptory." A peremptory challenge is a privilege of trial counsel which may be exercised arbitrarily and without explanation. However, the number of peremptory challenges that may be used is limited by law and varies according to the nature of the case. This challenge may never be exercised in a discriminatory manner.
This questioning process continues until the attorneys for all parties are satisfied with the composition of the jury or have exhausted all challenges permitted by law.
What are alternate jurors?
It is necessary to choose additional people who will serve as alternates to the selected panel of jurors in the event that emergencies or illness arise. Alternate jurors are necessary to avoid having to retry a case when there are too few jurors on a panel. Throughout the trial, all jurors will sit together and pay careful attention to the evidence. The judge will decided when to excuse the alternate jurors.
Does the trial start once the jury is chosen?
The policy of the New York State court system is that jurors selected for juries serve as promptly as possible. Normally, a trial will start within 24 hours of the completion of jury selection. However, an Administrative Judge is permitted to discharge a juror if, within five days of the juror being sworn, trial of the proceeding does not commence.
II. OATH & PRELIMINARY INSTRUCTIONS Oath
Once the screening and selection process results in a sufficient number of jurors and alternate jurors, an oath is administered to the jurors who have been selected. The oath is a pledge that the juror will act fairly and impartially in the role as a judge of all questions of face. This oath obligates the juror to put aside individual emotions or opinions and to use logic and objectivity throughout the trial and the deliberations.
Preliminary Instructions
Following the oath, the judge will provide preliminary instructions which set out the basic responsibilities that jurors must adhere to throughout the trial. These directives include an admonition not to read or listen to news accounts of the trial, visit the scene of an alleged offense, or discuss the case with outsiders or with fellows jurors.
III. THE TRIAL The Criminal Trial
A criminal trial is a process for establishing whether an individual is legally guilty of a criminal offense. If a trial results in a guilty verdict for a felony offense charge, the possible punishment may include imprisonment of more than one year and in certain extremely serious cases may range in severity to include the death sentence where a defendant is convicted of murder. A trial may also be held on the basis of a misdemeanor offense charge, which covers acts for which the maximum punishment allowed by law is no more than one year imprisonment or a fine.
Opening Statements
After the judge delivers the preliminary instructions, the assistant district attorney (prosecutor) will make an opening address to the jury outlining the charges and the evidence that will be offered to sustain the case. It is important to note that a criminal charge is only an accusation; the burden of proving that the defendant is guilty always rests with the prosecution. The attorney for the defendant is also allowed to make an opening statement but there is no obligation to do so. The defendant may choose not to speak in his or her defense.
People's Direct
At this point in the trial, the prosecution will present its proof. Because the prosecutor represents the people of the State of New York, this phase of the trial is often referred to as the "People's Direct." Proof may be offered in the form of the testimony of witnesses and the introduction of physical objects or records.
Following questioning by the prosecutor, the defense attorney may cross-examine the witnesses by asking his or her own questions. The prosecutor may then wish to ask clarifying questions on "redirect" examination. This process continues until all the witnesses for the prosecution have testified.
Defense Case
The defense case may involve many witnesses, possibly the defendant, or there may be no witnesses at all. This phase of the trial may also involve a sequence of questioning by the defense counsel and the prosecutor. When the defense has completed the presentation of its witnesses and the questioning is exhausted, the defense will rest its case.
The prosecutor may have a rebuttal case if a specific defense is raised. The prosecutor cannot, however, save evidence from his or her direct case for rebuttal. The defense counsel may cross examine rebuttal witnesses. The People will then rest their case.
Summation
The defense attorney will generally deliver a summation argument and may attack the testimony or credibility of witnesses or the prosecutor's evidence or lack of evidence. The prosecutor's summations often describes reasons for finding the defendant guilty and puts the arguments that were made by the defense in perspective.
Jury Instructions
At the conclusion of the summation arguments, the judge will charge the jury, or describe to the jury the law that is applicable. The judge also will explain legal concepts like the "presumption of innocence," the "burden of proof" and the elements of the crime charged. After the judge gives these instructions, the prosecutor and the defense attorney may ask for additional instructions or they may object to those that were given.
The Civil Trial
A civil trial is conducted as a way to enforce or protect private rights. A civil case may be disposed of through a variety of means, including a jury trial.
There are several outcomes that may be reached through a civil trial. A trial court may reach a verdict and impose money damages on a party to compensate for loss and, on occasion, punish a party for wrongdoing.
In civil cases, the party who brought the case to court is called the plaintiff; the party being sued is called the defendant.
Opening Statements
Similar to a criminal trial, a civil trial commences with the delivery of opening statements by the attorneys for the plaintiff and the defendant, in which they explain their client's position and outline the evidence that they expect to present to support their claims. These statements are not evidence and should not be considered as such.
Plaintiff's Case
After the opening statements, the plaintiff may call witnesses and introduce evidence. The plaintiff's attorney will question each witness, and the defense attorney may cross-examine the witnesses. After cross-examination, the plaintiff's attorney may re-examine some of the witnesses. After completion of this process, the attorney for the plaintiff will tell the judge that the plaintiff rests his or her case. At this point, the judge may excuse the jury and entertain motions from the attorneys.
Defendant's Case
The defendant then has the right to call witnesses and to present evidence to support its contentions. A similar sequence of direct questions and cross examination which was conducted during the plaintiff's case will generally occur. The defendant's attorney will question the witnesses, and the plaintiff has the right to cross-examine them. Once this process is completed, the defense will rest its case, at which time the plaintiff may be permitted to offer testimony to reply to or rebut any new matter raised by the witnesses for the defense.
Jury Instructions
At this point in the proceedings, the judge gives instructions to the jury by identifying the issues to consider and the laws that are applicable to the case. The jury is also informed about the possible verdicts that may be reached, and that the verdict must be based upon a "preponderance of the credible evidence."
IV. JURY DELIBERATIONS & THE VERDICT After the judge has completed delivering the instructions to the jury, the jurors will leave the courtroom and go to a jury room to begin deliberations - the process that the jury must engage in to arrive at a verdict.
Should any questions or personal needs arise during this time, a court officer is nearby to provide assistance.
What is the role of the foreperson?
It is the duty of the foreperson of the jury to see that the deliberations are conducted in a sensible and orderly fashion and that all jurors have a chance to speak their mind. In criminal trials, the first juror drawn and accepted by both sides is usually designated by the court as the foreperson. In civil trials, this is customarily the same, or the jury may elect one of its members as foreperson.
The opinions of the foreperson are entitled to no greater weight than those of any other juror. The foreperson is expected to announce the verdict to the court at the proper time.
How are deliberations conducted?
The jury reviews the evidence which was presented in a case and discusses the jurors' views on the information.
During the deliberations, jurors should keep an open mind, listen carefully to everyone and be prepared to tell the others what they think and why. It is generally easier to reach a swift and sound verdict when jurors remain courteous to and patient with one another and listen openly to the views of others.
It is important to remember that if questions arise during deliberations, or if there is a need for further instructions or a need to have testimony reread, the foreperson may send a written request to the judge through the court officer. Upon the judge's approval, all parties may be asked to return to the courtroom to address an issue.
The Verdict
In a criminal case, the deliberations must result in a jury's finding by a unanimous vote that the defendant is guilty or not guilty. If a jury reaches a guilty verdict in a criminal case, the judge will determine the punishment or sentence in accordance with the law.
Unlike criminal cases, in civil trials a verdict does not have to be unanimous; agreement by five or six jurors is all that is required. In addition to deciding upon a verdict, a civil trial jury may also be asked to determine whether there should be an award of damages for certain parties, and if so, how much money should be awarded.
How does the jury verdict become official?
Once the jury has reached its verdict, the foreperson should notify the attending court officer. The officer will advise the judge who will then call everyone, including the jury, back into the courtroom. When everyone is present, the clerk will ask the foreperson for the jury's verdict. In some cases, the entire jury may be "polled" - each member will be asked if he or she agrees with the verdict.
JUROR RIGHTS & RESPONSIBILITIES Every Juror is Entitled to:
Discussion of the Trial
- Be treated with courtesy and respect at at times;
- Express concerns, complaints and recommendations to court personnel;
- Have their questions answered plainly and clearly;
- Remain informed about the trial schedule
Jurors may not discuss the case with anyone during the course of the trial - this includes discussions with fellow jurors until such time as jury deliberations commence. When the trial is over, the juror may discuss it with others or may keep silent.
If a juror accidentally hears something about the trial outside the courtroom, or if someone contacts a juror about the trial while it is still in session, the juror may ask the court clerk or officer to tell the judge immediately what has happenned. Under no circumstances should the juror tell anyone about the incident except the court clerk, officer or the judge.
News, Television and Radio Reports
Jurors are not allowed to read, watch or listen to media stories relating to the trial to which they are assigned.
Note Taking
Jurors are generally not permitted to take notes during the trial; however, a judge may in certain circumstances allow jurors to take notes.
Breaks
Jurors are given lunch breaks and may be given other breaks during a trial. If a juror needs a break for some other reason, he or she should inform the judge, court clerk or court officer. These requests should only by made if they are absolutely essential, so as not to disrupt the proceedings.
Emergencies
It important that jurors report when they are required to and are prompt. Absences may delay or even jeopardize trials. If jurors are faced with an emergency such as sudden illness or a death in the family, they should follow the instructions that they were given by the court. If they are unable to do so, they should telephone the commissioner of Jurors' office. (The jury summons generally provides a number to call in case of emergencies.)
Alternate Jurors
Additional jurors who are chosen in order to avoid having to retry the case should one or more jurors be excused form the jury during the trial for an emergency (such as illness). Throughout the trial, all jurors will sit together and pay equal attention to all the evidence. After the closing argument and the judge's instruction ot the jury, the judge may, in his or her discretion, excuse the alternate jurors or have them remain until the jury renders a verdict.
Accusatory Instrument
A document in which an accusation of a criminal offense is set worth, which may include an 'indictment,' an 'information' or a 'complaint.'
Capital Case
A criminal case involving a charge of murder, for which the penalty of death may, but not necessarily, be imposed.
Challenges
challenge for cause - A request from a party that a certain prospective juror not be allowed to be a member of the jury because of specified causes or reasons.
peremptory challenge - An objection to the inclusion on a jury panel of a prospective juror that may be raised without a showing of reason. The court must excuse the person who has been challenged, and has no discretion in this regard,. The number of peremptory challenges is limited by law and depends upon the nature of the matter which is at issue.
Jury Instructions (Judge's Charge)
A direction given by the judge to a jury concerning the rules of law that apply to the case, which the jury is bound to accept and apply.
Rebuttal Evidence
Information and data which is offered by a party explain, counteract or disprove facts given in evidence by an adverse party.
Sidebar Conference
The law provides that certain matters must be discussed outside the presence of the jury if they involve questions of law, the presentation of evidence or witnesses. These conferences are usually conducted to th side of the judge's bench while the jury is present in the courtroom or the jury may be excused while the conference occurs.
Voir Dire
A preliminary examination by the court and attorneys to determine the ability and objectivity of potential jurors.
Thank you for the service you have given to your court system and the administration of justice.If you wish to make remarks or suggestions by telephone, you may call toll free, 1-800-NY-JUROR (1-800-695-8767