1 Jury Selection JURY SELECTION Bench Book Checklist 7 2 HOW DO WE GET THEM IN THE COURTROOM??????? NOW THAT THE JURORS ARE IN THE COURTROOM WHERE ARE WE GOING TO SEAT THEM?????? HOW MANY????? See Bench Book p.150 Checklist 7 3 AG Opinion GA 0336: June 28, 2005
2 NOT PRESENT WHAT DO WE DO WITH JURORS WHO HAVE IGNORED OUR SUMMONS? See Bench Book p. 150, Checklist 7 3 See checkbox 4a OPENING REMARKS OATHS Art. 35.02 CCP ARTICLE 35 TEXAS CODE OF CRIMINAL PROCEDURE See Bench Book p.151, Checklist 7 3 IF JUROR DECLINES OATH Ask Juror to Affirm Ask Juror to Promise Ask Juror to Answer Truthfully Ask Juror if he or she understands the penalties for giving false answers
3 QUESTIONNAIRE Juror Questionnaires Tell them how long they will be there Where to go during the break See Bench Book pp. 152 153 (checklist 7 3) Final questions for the defendant and prosecutor Go through questionnaires/exemptions Jury Shuffle Challenge to the Array See Bench Book pp. 155 156, Checklist 7 3
4 VOIR DIRE Bench Book p. 159 (7 3) Opening Remarks Time Limits Seating Chart Bench Book pp. 159 162 7 3 VOIR DIRE VOIR DIRE Objections, objections, objections Pro Se
5 POST VOIR DIRE Bench Book p. 162 (7 3) CHALLENGES FOR CAUSE 35.16 CCP PEREMPTORY CHALLENGES BATSON CHALLENGES Bench Book p.173 Checklist 7 4 SEATING THE PANEL Final Oath Taking Notes Art. 35.22 CCP Bench Book p.163 7 3
6 Jury Trials On average, how many jury trials are held in your court each month: 1. Less than one 2. 1 to 5 3. 6 to 10 4. More than 10 5. none Having survived preliminary hearings and pre trial conferences, you now have an opportunity to involve citizens in the criminal process and to introduce yourself to the citizens of your city.
7 Control Proceedings Set Pace of Trial Maintain Decorum JUDGE S ROLE Direct Conduct of Parties Limit side bar comments Prevent badgering of witnesses Control movement of Parties UNCOOPERATIVE DEFENDANT Place on record (if court of record) at every instance: lack of response to instructions and opportunities given to participate Proceed with jury trial Enter plea of Not Guilty for defendant Offer opportunities to cross examine, call witnesses, and make arguments KEEP YOUR COOL Read complaint to Defendant (Defendant may waive reading) Defendant enters a plea Or If defendant refuses to enter a plea, Judge may enter a plea of Not Guilty SWEAR IN ALL WITNESSES See Bench Book pp. 165 166 (7 3)
8 What if all witnesses are not present? 1. Reset the case for trial another day 2. Delay start of trial until witness arrives 3. Admonish witness s party 4. Hold witness in contempt 5. Proceed with trial and bar testimony by witness 6. Proceed and require notice when witness arrives Invoking the The Rule Rules of Evidence 614 See Bench Book p.166 (7 3) Who may request? Prosecution Defense Judge When may request be made? Exceptions to The Rule Expert Witnesses Victims TRE 613
9 VIOLATIONS OF THE RULE? Who can report a violation to the Court? Court Staff Party Juror Witness Judge PENALTIES FOR VIOLATIONS Contempt Exclude testimony Reasonableness of sanction? OPENING STATEMENTS See Bench Book p.167 (7 3) Prosecution first (State may waive) Defense second (Defense may reserve until after State s case in chief) Time limits set by Judge
10 PRESENTATION OF EVIDENCE Prosecution s Case in Chief Defendant s Case Rebuttal Evidence Sur Rebuttal Evidence EVIDENCE Oral Evidence Physical Evidence Demonstrative Evidence Establish Predicate Label and offer Publish to Jury Handling by Jurors How do I get this into evidence? Should Judge advise Pro Se Defendants? 1. Yes 2. No 3. Depends on the question
11 Should the parties be allowed to mention plea bargains or other options? No TRE 410 Was this addressed in pre trial or motion in Limine? JUDICIAL NOTICE When may Court take Judicial Notice? Is a motion required? Of what may the Court take notice? Bench Book 16 2 (p. 362); TRE 201 204 Motion For Directed Verdict Bench Book p.167 (7 3) When may it be made? Grounds for granting? Specificity required Court s Ruling and Order
12 JURY CHARGE Who is responsible for preparing the Jury Charge? 1. Prosecution 2. Defendant 3. Judge See Bench Book pp.169 170 (7 3) Judge JURY CHARGE General Instructions State the law that applies to the case Application to Allegation May be oral or in writing Bench Book, Page 180 (7 6) CLOSING ARGUMENTS Bench Book p.170 (7 3) Prosecution argues (State may waive) Defense argues State Closes Give equal time to each side Previously established time limits
13 VERDICT FORM Bench Book p.170 172 (7 3) Judge to set punishment by default Jury may set punishment if requested State range of punishment NLT $ NMT $ FMFR Handicap Parking Seat Belt Violations City Ordinances JURY DELIBERATION Should Court allow juror notes in jury room? 1. No 2. Yes 3. Don t know If allowed, admonish that notes are for personal memory aids and are not evidence. DISABLED JUROR Delay trial for brief period Continue trial to another day Excuse juror and declare a mistrial
14 DEADLOCKED JURY 1 st Call jury back to courtroom to determine progress 2 nd Return jury to jury room to try to reach unanimous verdict 3 rd May give additional Allen charge Bench Book p.176 (7 5) 4 th Poll each juror and declare a mistrial 5 th Reschedule 2 nd trial as soon as practicable VERDICT RETURNED Read to Defendant in open court Poll jurors if requested Bench Book p.172 (7 3) VERDICT RETURNED Advise Defendant of: Fine Court Costs Right to Appeal Time Frames for payment or appeal Motion for new trial
Thank you! 15
16 SURVEY OF JURY SERVICE We Value Your Opinion Date On a scale of 1-5 please rate your experience as a juror by circling the most appropriate. 1. In general how would you Poor Fair Good Very Good Excellent rate your experience as a 1 2 3 4 5 juror? 2. How would you rate your Poor Fair Good Very Good Excellent understanding of the trial 1 2 3 4 5 process? 3. How would you rate the Poor Fair Good Very Good Excellent quality of the Municipal 1 2 3 4 5 Court facilities? 4. Do you think your time No Maybe Yes Definitely was spent efficiently keeping in mind that the trial must be fair for both sides? Do you have any comments you wish to share?
CITY OF COLLEGE STATION MUNICIPAL COURT 300 KRENEK TAP ROAD COLLEGE STATION, TEXAS 77840 17 ORDER TO APPEAR FOR JURY SERVICE YOU ARE HEREBY SUMMONED TO APPEAR AT COLLEGE STATION MUNICIPAL COURT TO SERVE AS A JUROR ON: TUESDAY, June 17, 2008 @ 1:30 P.M. Jury trials are normally held on Tuesday only. Please report to 300 Krenek Tap Road. Exemptions from Jury Service are listed on the reverse side and are allowed only for legal exemptions. Exemptions will not be granted for personal excuses nor business reasons. FOR INFORMATION REGARDING JURY SERVICE PLEASE CALL (979) 764-3683 AFTER 6:00 PM, THE DAY BEFORE YOU ARE SUMMONED TO APPEAR. PLEASE PICK OPTION NUMBER FOUR (4) TO GET THE CORRECT INFORMATION, TO SEE IF THE JURY TRIAL YOU WERE SUMMONED TO COURT IS STILL GOING. FAILURE TO APPEAR FOR JURY SERVICE CONSTITUTES CONTEMPT OF COURT AND IS PUNISHABLE BY A FINE OF $100.00. POSTMASTER DELIVER TO: 82 CITY OF COLLEGE STATION MUNICIPAL COURT 300 KRENEK TAP ROAD COLLEGE STATION, TEXAS 77840 ORDER TO APPEAR FOR JURY SERVICE YOU ARE HEREBY SUMMONED TO APPEAR AT COLLEGE STATION MUNICIPAL COURT TO SERVE AS A JUROR ON: TUESDAY, June 17, 2008 @ 1:30 P.M. Jury trials are normally held on Tuesday only. Please report to 300 Krenek Tap Road. Exemptions from Jury Service are listed on the reverse side and are allowed only for legal exemptions. Exemptions will not be granted for personal excuses nor business reasons. FOR INFORMATION REGARDING JURY SERVICE PLEASE CALL (979) 764-3683 AFTER 6:00 PM, THE DAY BEFORE YOU ARE SUMMONED TO APPEAR. PLEASE PICK OPTION NUMBER FOUR (4) TO GET THE CORRECT INFORMATION, TO SEE IF THE JURY TRIAL YOU WERE SUMMONED TO COURT IS STILL GOING. FAILURE TO APPEAR FOR JURY SERVICE CONSTITUTES CONTEMPT OF COURT AND IS PUNISHABLE BY A FINE OF $100.00. POSTMASTER DELIVER TO: 82
EXEMPTION CLAIM FORM TO CLAIM AN EXEMPTION FROM JURY SERVICE, YOU MUST COMPLETE THIS FORM AND RETURN IT TO THE COLLEGE STATION MUNICIPAL COURT PRIOR TO THE DATE YOU ARE SUMMONED TO APPEAR. PLEASE BE REMINDED THAT BUSINESS AND PERSONAL REASONS ARE NOT QUALIFIED EXEMPTIONS. THE FOLLOWING PERSONS ARE EXEMPT FROM JURY SERVICE. 1. Persons over the age of seventy (70). 2. Persons having legal custody of a child under the age of ten ONLY IF JURY SERVICE WOULD NECESSITATE LEAVING THE CHILD WITHOUT ADEQUATE SUPERVISION. If you are employed full-time and your child attends school/day care, you are not entitled to this exemption. 3. Persons enrolled and in actual attendance as a FULL-TIME student in an institution of higher education. 4. Officers or employees of the Senate, House of Representatives, or any other department, Commission, Board, Officer or other agency in the Legislative Branch of the State Government. 5. Students of public or private high schools. 6. The primary caretaker of a person who is an invalid unable to care for himself or herself. OR I certify that I am legally exempt from Jury Service because of the exemption listed below. Further, you must be a resident of the City of College Station, be eligible to become a registered voter, and may not have been convicted of theft or any felony nor be under indictment or legal accusation for theft or any felony. 18 Date Signature of Juror Home Phone Work Phone ANY PERSON FILING A FALSE CLAIM OF EXEMPTION CAN BE PUNISHED BY A FINE OF UP TO $100.00. EXEMPTION CLAIM FORM TO CLAIM AN EXEMPTION FROM JURY SERVICE, YOU MUST COMPLETE THIS FORM AND RETURN IT TO THE COLLEGE STATION MUNICIPAL COURT PRIOR TO THE DATE YOU ARE SUMMONED TO APPEAR. PLEASE BE REMINDED THAT BUSINESS AND PERSONAL REASONS ARE NOT QUALIFIED EXEMPTIONS. THE FOLLOWING PERSONS ARE EXEMPT FROM JURY SERVICE. 1. Persons over the age of seventy (70). 2. Persons having legal custody of a child under the age of ten ONLY IF JURY SERVICE WOULD NECESSITATE LEAVING THE CHILD WITHOUT ADEQUATE SUPERVISION. If you are employed full-time and your child attends school/day care, you are not entitled to this exemption. 3. Persons enrolled and in actual attendance as a FULL-TIME student in an institution of higher education. 4. Officers or employees of the Senate, House of Representatives, or any other department, Commission, Board, Officer or other agency in the Legislative Branch of the State Government. 5. Students of public or private high schools. 6. The primary caretaker of a person who is an invalid unable to care for himself or herself. OR I certify that I am legally exempt from Jury Service because of the exemption listed below. Further, you must be a resident of the City of College Station, be eligible to become a registered voter, and may not have been convicted of theft or any felony nor be under indictment or legal accusation for theft or any felony. Date Signature of Juror Home Phone Work Phone ANY PERSON FILING A FALSE CLAIM OF EXEMPTION CAN BE PUNISHED BY A FINE OF UP TO $100.00.
.. 19 e~~ ~~ "The right of trial by jury shall remain inviolate." Constitution of the State of Texas, Article I, Section 15 "... we believe that trial by jury... is fundamental to the American scheme ofjustice... " "... trial by.i ury is more than an instrument ofjustice and more than one wheel of the constitution: it is the lamp that shows that freedom lives... " Duncan vs. Louisiana, 391 U.S.14S, at 149 & 156 (l967) This certificate is given in appreciation (0 for service as a juror in (he City ofcollege Station Municipal Court 0" Judge, Municipal Court City o/college Station Brazos County, Texas