COLLIN COUNTY JUROR'S HANDBOOK
Trial by jury is one of the basic constitutional rights in our democracy. When called before the bar of justice, a person is entitled to be judged by a jury of his peers. Whether in a criminal case or in a civil case, when disputed questions of fact arise, it is the duty of the jurors to determine the credibility of the evidence. Thus, a juror is a judge of the facts, and is obliged to give full attention to the evidence presented and not be swayed by other factors. The obligation to exercise good judgement, in an impartial and fair manner, extends to judges and jurors alike. Today you may be selected to be a juror in your neighbor's case. Tomorrow he may be selected to be a juror in your case. In a true sense, therefore, life, liberty and property depend upon the conscientious manner in which jurors discharge their sacred duty. Remember, too, your vote as a juror is usually final. You are an essential part of the judicial system. The courts cannot fully function without you. On behalf of the citizens of this county, we salute and welcome you as partners in a common effort to administer justice. We also ask you to share with us the great satisfaction that comes from doing justice among your fellow citizens. Thank you for your time and service. -The Judges of Collin County
This handbook is designed to aid you in the performance of your duties as a juror. It is not intended to take the place of the instructions which you will receive from the court, but rather to prepare you for such service, to explain how a jury is selected, and to outline generally the usual steps in the conduct of trial. If a juror's understanding of any subject matter in this handbook conflicts with the judge's instructions, he must be guided exclusively by the judge.
The number of jurors needed in the various trial courtrooms is very difficult to anticipate. It depends on many factors which are too numerous to discuss in this handbook. You will be assigned to a panel of prospective jurors and instructed to report at an appointed time. Frequently, the court is hearing many other matters, and often times, matters relating to the case for which you are about to consider. Therefore, please do not enter the courtroom until the bailiff calls for you. Each party to a trial has the right to jurors free from bias or prejudice, with an open mind and without any preconceived opinions as to how the case should be decided. The parties or their attorneys are permitted to question prospective jurors concerning any matter which may disclose any reason why a juror should not be selected in the case about to be tried. You should not resent such questions, but should answer each question fully and honestly. What seems inconsequential to a juror may be of importance to the parties and their attorneys. In addition, it is the duty of each juror to disclose any fact which might affect his or her ability to render an impartial verdict, whether you have been specifically questioned about it or not. Furthermore, if you are acquainted with any of the parties, witnesses or lawyers in the case on trial, you should so state without being asked.
The plaintiff institutes the suit in a civil trial. The person against whom the suit is brought is the defendant. Before any witnesses are called, the lawyers for each side may make opening statements to the jury setting forth facts which they expect to prove. These statements are to inform the jury of the nature of the case and the evidence which will be offered so as to give the jury a better understanding of the case. After opening statements, the plaintiff calls witnesses and conducts direct examination to prove his case. After each witness completes his direct testimony, defendant's attorney may cross-examine him. Should he do so, plaintiff's attorney may then re-examine the witness and so forth. When the plaintiff has completed presenting his entire side of the case, the defendant, may in his discretion, call witnesses to establish his contentions and to disprove plaintiff's case. The plaintiff may cross-examine defendant's witnesses. If he does, the defendant has the opportunity to re-examine those witnesses who have been cross examined and so forth. After all the evidence has been presented by both sides, the judge instructs the jurors about their duties and responsibilities and as to the law which they must apply to the evidence in the case. This is known as the court's "charge". Each side then has the right to sum up, analyze the proof and present arguments in favor of their respective clients. The case is then turned over to the jury for its deliberation. The procedure is similar in criminal cases. The complaining party is always "The State of Texas". The party accused of committing a crime is the defendant. The State must sustain the burden of proof of the charges against the defendant beyond a reasonable doubt. The defendant is under no obligation to present evidence or prove his innocence, but may, in his discretion, call witnesses and present evidence. The other significant difference is that in civil cases the plaintiff is generally limited to seeking money damages. In a criminal case, however, the offender may be incarcerated in prison (for a felony) or the county jail (for a misdemeanor).
There are many rules regarding the presentation of evidence in both Civil and Criminal trials which the judge must apply in deciding evidence which may be admitted and the form or manner in which it may be admitted. These rules are complicated and not easily understood. They have been developed through hundreds of years of experience so that we may have fair and orderly trials. When a question is asked which either attorney believes is in violation of these rules, he has a right to object. Therefore, no juror must allow himself to be prejudiced for or against one side or the other on account of objections made by an attorney to the introduction of evidence. A ruling by the judge does not mean that he is taking sides. He or she is merely deciding that the law does or does not allow the question or the form of the question to be answered. At times the jury will be excused from the courtroom or the judge will speak to the lawyers beyond the hearing of the jury while questions of law are being discussed. The law provides that certain matters of law be discussed out of the presence of the jury. When a trial is interrupted for these reasons, you should not feel that your time is being wasted or that information is being withheld from you. Often times, these hearings expedite the case in the long run.
The judge will instruct the jury as to the law applicable to the case. It is the duty of the jurors to accept the law as given to them by the judge, even though they may believe the law is or should be otherwise. The jury is the fact-finding body whose fundamental duty is to determine the facts from the evidence before it. The jury will choose their own presiding juror. It is the duty of the presiding juror to see that discussion is carried on in a sensible and orderly fashion and that every juror has a chance to say what he or she thinks. The opinions of the presiding juror are entitled to no greater weight than those of any other juror. Jurors should deliberate with open minds, give respectful consideration to the opinions of their fellow jurors, fully exchange views or opinions concerning the case, and not be hesitant to change their minds when reason and logic so dictate.
By the oath which you take as jurors, you become officials of the court and active participants in the public administration of justice. It is your duty to listen to and consider the evidence and to determine fact issues later submitted to you, but the judge will decide matters of law. Please read and follow these additional instructions. 1. Do not mingle with or talk to the lawyers, the witnesses, the parties, or any other person who might be connected with or interested in this case, except for casual greetings. They have to follow these same instructions and you will understand it when they do. 2. Do not accept from, nor give to, any of those persons any favors however slight, such as rides, food or refreshments. 3. Do not discuss anything about this case, or even mention it to anyone whomsoever, including your spouse nor permit anyone to mention it in your hearing until you are discharged as jurors or excused from this case. If anyone attempts to talk to you about the case, report it to the court at once. 4. The law applicable to this case will be contained in the instructions given to you by the court during the course of the trial, and it is your duty to follow all such instructions. 5. It is your duty to determine the facts and to determine them from the evidence and the reasonable inferences arising from such evidence, and in so doing you must not indulge in guesswork or speculation. 6. The evidence which you are to consider consists of the testimony of the witnesses and the exhibits admitted in evidence. The term "witness" means anyone who testifies in person or by deposition, including the defendant. The admission of evidence in court is governed by rules of law. From time to time it may be the duty of the attorneys to make objections and it is the duty of the judge to rule on those objections and whether or not you can consider certain evidence. You must not concern yourself with the objections or the reasons for these rulings. You must not consider testimony or exhibits to which an objection was sustained or which has been ordered stricken. 7. Do not make any investigation about the facts of this case. Occasionally we have a juror who privately seeks out information about a case on trial. This is improper. All evidence must be presented in open court so that each side may question the witnesses and make proper objection. This avoids a trial based upon secret evidence. These rules apply to jurors the same as they apply to the parties and to the judge. If you know of, or learn anything about, this case except from the evidence admitted during the course of trial, you should tell the court about it at once. You will have taken an oath that you will render a verdict on the evidence submitted to you under the rulings of the court. 8. Do not make personal inspections, observations, investigations, or experiments nor personally view premises, things or articles not produced in court. Do not let anyone else do any of these things for you. 9. Do not tell other jurors your own personal experiences nor those of other persons, nor relate any special information. A juror may have special knowledge of matters such as business, technical or professional matters or he may have expert knowledge or opinions, or he may know what happened in this or some other lawsuit. To tell the other jurors any of this information is a violation of these instructions. 10. Do not discuss or consider attorney's fees unless evidence about attorney's fees is admitted. 11. Do not consider, discuss, nor speculate whether or not any party is or is not protected in whole or in part by insurance of any kind. 12. Do not seek information contained in law books, dictionaries, public or private records or elsewhere, which is not admitted in evidence. 11. Opening statements and closing arguments of the attorneys are intended to help you in understanding the evidence and applying the law, but they are not evidence and should not be considered as such. 12. You must not be influenced in any degree by any personal feeling of sympathy for, or prejudice against, any of the parties in this case, for each is entitled to the same fair and impartial consideration. 13. No statement or ruling or remark made by the court is intended to indicate his or her opinion as to what the facts are. You are to determine the facts. In this determination, you alone must decide upon the believability of the evidence and its weight and value. In considering the weight and value of the testimony of any witness you may take into consideration the appearance, attitude and behavior of the witness, the interest of the witness in the outcome of the case, the relation of the witness to any of the parties, the inclination of a witness to speak truthfully or not, the probability or improbability of the witness' statements and all other facts and circumstances in evidence. Thus, you may give the testimony of any witness just such weight and value as you may believe the testimony of such witness is entitled to receive. 14. Until this case is submitted to you for your deliberation, you must not discuss this case with anyone, or remain within the hearing of anyone discussing it. Neither should you read any newspaper article, listen to any radio broadcast, nor view any television program which discusses the case. After this case has been submitted to you, you must discuss this case only in the jury room when all members of the jury are present. You are to keep an open mind and you must decide any issue in this case until the case is submitted to you for your deliberation under the instructions of the court. At the conclusion of all the evidence, you will be given a written charge asking you some specific questions. You will not be asked, and you should not consider, whether one party or the other should win. Since you will need to consider all of the evidence admitted, it is important that you pay close attention to the evidence as it is presented. You may keep these instructions and review them as the case proceeds. A violation of these rules should be reported to the court.
1. How was I chosen for jury duty?
2. Why is there an agreed disposition or settlement after the jurors appear in the courtroom?
3. Must my employer pay me while I am on jury duty?
4. Why do I have to provide the information asked on the jury questionnaire?
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