Do you solemnly and sincerely declare and affirm that you will give a true verdict according to the evidence? Members of the jury, do you swear by Almighty God, or do you solemnly and sincerely declare and affirm, that you will give a true verdict according to the evidence?
There does not appear to be any prescribed manner and form for oaths and affirmations required in connection with a view. The following are suggested from past practice. Oaths and affirmations. Hand the witness the Koran in its cover. Jurors may be selected by drawing names or numbers from a box, or they may be randomly selected by computer.
If you are called as a prospective juror you are required to truthfully answer all questions regarding your qualifications to serve as a juror in the case. Each of the lawyers or participants in the case has been provided with a jury list, which contains information regarding each juror's name, address and occupation.
After a short statement is given describing the case and the parties involved, the judge will question the prospective jurors to determine if they are qualified to act fairly impartially and have no interest in the result of the case. There are certain legal grounds for which a juror may be challenged for cause and excused, such as a juror being incapable of being impartial due to prior dealings with a party, witness, or attorney involved in the case. In addition, each side can excuse a certain number of jurors without giving any reason These are called peremptory challenges.
The number of peremptory challenges is limited and is specified within the court rules. Peremptory challenges may be used, for example, when a party believes that a prospective juror has had some experience with the issues or facts in the case, and that experience could impact how that juror will decide the matter. In that situation, a party may simply prefer to have another juror seated. Jurors who are challenged should not feel offended -- such procedures are simply another safeguard operating within our trial system.
The lawyers or the judge may ask prospective jurors questions about their personal lives and beliefs. These questions should be answered fairly, openly, candidly, and without embarrassment. If there is any reason prospective jurors feel they should not serve, that reason should be made known during this questioning. If there is a question a prospective juror feels he or she cannot answer in public, a request may be made to tell the judge privately at the bench.
The entire process of juror questioning is called "voir dire", which is French for "speak the truth. After the jurors are selected, they are required to swear or to affirm, that they will " After the oath is administered, the trial begins. At this time, the judge may give some preliminary instructions regarding how the case will proceed, as well as particular instructions regarding procedures in that judge's courtroom.
At the beginning of the trial, each side has the opportunity to make an opening statement explaining its case, but is not required to do so. In an opening statement, attorneys for each party will explain the claims and outline the evidence they will use to prove their party's claim.
These statements are not evidence, but only an explanation of what each side claims and expects to prove during the trial. Any claims made in the opening statement must be proven by evidence.
In a criminal case, the offense is against the people of the state, and the lawyer representing the state is called the prosecutor. The prosecutor is required to make an opening statement. The defense is not required to make an opening statement. Anything that tends to prove or disprove a claim about facts is called evidence.
Evidence generally takes two forms: oral and documentary. Oral evidence comes in the form of testimony from witnesses. Documentary evidence may be something in writing, or it may be an article such as a photograph or a sound recording. Tangible evidence, such as the piece of an engine or some other object, is called an exhibit.
The trial judge manages the trial and rules on the admissibility of evidence. During the trial, lawyers may refer to exhibits "marked" for purposes of identification and ask the judge to admit the documents or objects "into evidence.
The witness' statement is called testimony. Whether an individual witness may give testimony is a decision made by the judge. In some cases, the parties may present the testimony of expert witnesses. An expert witness is someone who, because of his or her qualifications, is in a position to evaluate certain evidence and render an opinion The judge determines, prior to that person being permitted to testify, whether a witness is qualified as a matter of law as an expert.
If a witness is absent, written testimony, or in some cases videotaped testimony, may have been taken before the trial under oath in a deposition Parts of the transcript of a deposition may be admitted as evidence at a trial and will be considered with all other evidence presented in the case. To help prove a case, witnesses are generally called to testify. The witnesses are sworn to tell the truth.
A lawyer who has called a witness proceeds with direct examination, asking questions of the witness that will bring out the facts of the case. In any important matter, the lawyer, on direct examination, is not allowed to lead the witness by asking questions in a form that would suggest the answer.
For example, a question that starts out by saying "you agree that The questions asked must also have some bearing on the case and must be within the direct knowledge of a witness. A witness cannot speculate.
If these and other rules are not followed, a lawyer for the other side may object to the question. If the question is improper, the judge will sustain the objection, which means that the question cannot be answered.
If the question is proper, the judge will overrule the objection and the witness will be required to answer. The fact that the judge makes a ruling on a particular question does not reflect the judge's opinion regarding the reliability of a witness, and it is important that jurors not give such rulings any weight when considering the evidence presented by either side.
When the direct examination is concluded, the lawyer for the other side may ask questions of the witness. This is called cross-examining the witness. The cross-examining lawyer is allowed to ask leading questions. At the conclusion of the cross-examination, the first lawyer may ask questions to clarify points developed during the cross-examination. This is called redirect examination.
If, during testimony by the witness, the judge rules that a portion of the testimony be stricken from the record, the trial judge will instruct the jury to disregard that portion of the testimony.
Each juror should pay close attention to the witness who is testifying, both to hear what the witness says and to watch the witness's manner and actions. In evaluating a witness's testimony a juror may consider the witness's credibility and ultimately decide how much weight the testimony deserves.
When all evidence for the plaintiff or the state has been submitted, the plaintiff's lawyer or the prosecutor indicates this by resting the case. The defendant's lawyer then has the opportunity to call witnesses for the defendant and offer evidence to support the defendant's case following the same rules and procedures outlined for the prosecution. Because the defendant is presumed innocent, he or she is not required to testify nor is the defendant required to present evidence proving his or her innocence.
During the trial, the judge will give jurors instructions regarding the defendant's presumption of innocence and the state's burden of proof. When the defendant's case has been completed, the defendant's lawyer rests the defendant's case. The plaintiff or prosecutor then has a final opportunity to offer evidence, known as rebuttal evidence, to explain or deny any of the defendant's evidence.
After all the evidence has been presented, the lawyers may make their final arguments to the jury and give the reasons they believe their client should prevail. Lawyers for each side will attempt to point out why their client's witnesses should be believed and why their evidence is more credible than evidence for the other side. While you should listen to the closing arguments carefully, always remember that lawyers are only arguing for their clients.
The judge will ask the jury to leave the court for a short time. Once the matter has been resolved, the jury will be asked back to the courtroom. When all the evidence has been given, the prosecution and then the defence will make their closing speeches when they will try to convince the jury of their respective cases. Finally, the judge sums up. This means they will go over the facts of the case and tell you, the jury, about the relevant law. The judge will also give you advice before you retire to the jury room to discuss the case.
Think about their comments carefully as judges are lawyers with years of experience. Inside the jury room jurors discuss the case by carefully considering the evidence presented in court by:. It is an offence, punishable with a fine or imprisonment, for a juror to tell anyone about any statements, opinions, arguments or votes made by jury members while they are considering the case.
If a jury encounters any problems while they are discussing the case amongst themselves, they can contact the judge through the jury keepers for guidance. The jury will be brought back into the courtroom and the judge will remind them that they should not talk to anyone about the case. They will then be formally released until the following morning. When you have reached a verdict, tell the jury keeper and you will be taken back into the courtroom.
The court clerk will ask the foreperson to deliver the verdict on each charge. The foreperson must take care to only answer the questions that the court clerk asks them. When this has been done, your task is over, but stay in the jury box until the judge tells you to leave. If the defendant has been found guilty, the judge may pass sentence immediately. The judge might adjourn the case until reports are made available to the court. They will pass sentence on a different day. The judge will direct the jury about any further attendance or if they are no longer needed.
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