1. Jury Duty and Rights of the accused Hopefully, none of you will be in such severe trouble with the law that you need to get a lawyer and ‘know your rights’; but if you do, here’s what you need to know

2. Bill of rights There are many rights and liberties safeguarded by the first 10 amendments to the US Constitution. If you are accused of a crime, the ones that will be most important to you will be Amendments 4-8: 4 th Amendment- Protection against search and seizure 5 th Amendment- Due process of law must take place, including formal charges, trial, and sentencing. 6 th Amendment- Accused must be allowed a lawyer, told charges, and hear witnesses 7 th Amendment- A jury trial can take place if at least $20 are at stake 8 th Amendment- No cruel or unusual punishment out of line with the crime.

3. Arrests and Habeas Corpus The police have the right to bring in and question suspects. However, suspects may request the presence of a lawyer, even before being charged with a crime. This prevents self-incrimination. Additionally, according to Habeas Corpus, suspects can only be held for up to 72 hours without charges being filed. After 72 hours suspects must be released.

4. Miranda Rights In the Supreme Court Case Miranda vs Arizona the Supreme Court granted a number of rights and safe guards for accused individuals. Some of the rights to come out of this case are compiled into the Miranda Rights that are read to every citizen when they are detained.

5. Innocent until proven guilty Regardless of public opinion, arrested individuals are considered legally innocent until they are proven guilty in a court of law. In order to ensure the guilt of a defendant, prosecuting lawyers gather massive amounts of evidence.

6. Jury trials- the roles Defense- The accused Defendant and his lawyers Prosecution- Compile evidence to gain a conviction Judge- monitors the proceedings and keeps order. Determines punishment if guilty verdict is determined Witnesses- People and professionals called to testify Jurors- listen to witnesses, examine evidence and deliberate (decide) on innocence or guilt of the defendant Bailiff- Court’s Police Officer and legal strength Scribe-records every word of the trial for examination later, especially by the jurors

7. Jury vs Judge For severe charges criminal defendants can push for a trial with a jury. Jury trials have both benefits and disadvantages: AdvantagesDisadvantages -jury of peers not a single judge -no retrial -public must accept outcome -bias, unqualified jurors can still selected for jury duty -slow and expensive -can negatively effect the people serving as jurors Bench Trial- Trials heard by judge

8. Jury Duty Responsibility In order to ensure every citizen has a jury available when needed, all citizens are required to report for jury duty when they receive a summons. Potential jurors are randomly selected from lists of state driver’s license holders, tax filings, unemployment recipients and volunteers. If you receive a summons it is mandatory for you to report.

9. Jury Duty Summons Jury Duty summons will go to your registered address and are clearly labeled. The summons will inform you of the date, time and location to report. Often times the summons includes an information number to contact to verify you are still needed and court will be in session.

10. Postponement and excused Jurors Once you get a jury summons you may have some options to avoid going. If it is your first summons, you can ask for a deferment of your obligation. If you have already deferred once, you must report. There are very few excuses that will get you out of jury duty. These excuses include: -Financial hardship -Student status -related to or work in the criminal justice system (for criminal cases)

11. Jury Duty Protections There are few legal reasons to not follow through with a Jury Duty Summons, even if you are employed and working. In order to ensure citizens can partake in Jury Duty there are several protections: 1)Employers are required to allow their workers to report for Jury Duty without any punishments. 2)Jurors are paid $40 a day for their service (in NYS) by either the state or their employer 3)Handicap services and accommodations are made when necessary. 4)You are allowed to postpone Jury Duty once

12. Jury Duty Punishments Like taxes, Jury Duty is mandatory and failure to report can lead to severe punishments. Skipping Jury duty can result in civil and criminal charges. Plus, you do not get out of Jury duty. You will be re-assigned to a new date for future court cases.

13. Jury Sequestering In some cases, especially Federal trials, Jurors must be sequestered. This means jurors will be kept protected and out of public for the duration of the trial. During this time jurors are provided with all meals, housing and transportation. While Jurors can contact home, they are not allowed to discuss the case or outside news at all. Communication is heavily monitored. One of the worst Jury Sequestrations of all was the OJ Simpson case, when 24 men and women were sequestered for 265 days! Over the course of the case 10 jurors were dismissed including one who had a complete breakdown!

14. By the numbers Once juror summons have been sent out and a date set, the lawyers begin their work to select the most fair and unbiased jury possible. Depending on the severity of the case the courts may need only 6 jurors. Most serious criminal cases still require 12 jurors. On the day of jury selection, both the prosecuting and defending lawyers come in to select the 6, or 12, jurors they think give them a fair or balanced jury.

15. Jury selection process Jury selection begins with the court calling 12 people to the jury box. The judge makes a statement about what kind of case they will be hearing and inquiring whether there is any reason the juror cannot serve. Then the Layers start to ask questions to get rid of biased jurors, or jurors who have pre-existing information about the case. Also, any jurors who are linked to the defendant or prosecution are excused.

16. Jury selection questioning Lawyers need to make sure the Jury is going to serve their client best. In order to accomplish this, the lawyers ask questions and conduct basic background checks. Red flags that could lead to a juror being excused are: -related to either party -works for a company that is part of the lawsuit -prior knowledge of case specifics -biased Lawyers can ask for an unlimited amount of “for cause” dismissals, but the judge must approve each one. Additionally, lawyers get a specific number of peremptory challengers, allowing lawyers to excuse jurors without a cause. This varies by case and state.

17. Alternate Jurors In some cases, alternative jurors are also selected. These jurors listen to the cases and all evidence, but will have no final say in the deliberations or final decision unless an original juror is excused. These Jurors are given the same daily stipend and employment protections as a full juror.

18. Jury Oaths Once both lawyers are satisfied with the selected jury the jurors are sworn in. Once sworn in the jurors are instructed to not discuss the case specifics with anyone, even each other until deliberations begin. Most cases last only a day or two, but can last weeks for severe criminal cases.

19. Juror duties Jurors must arrive to court on time each day and be prepared to listen to all the testimony and examine all evidence. Jurors do not typically have any say in the proceedings, but in some cases they are permitted to submit written questions. These questions must be approved by the judge and the both lawyers.

20. Deliberations and verdict Once all witnesses have testified and the evidence has been presented, the jurors can begin closed door deliberations. The jurors are kept in a single room and discuss the case until they agree on a guilty or innocent verdict. Typically, all jurors must agree for a guilty verdict to stand. Juries that do not unanimously agree may be “hung” and a mistrial will be declared. The case can be retried without double jeopardy applying.

21. Changes In recent years there have been several changes to the Jury system. These changes include: -6 jurors instead of 12 -unanimous agreement is not necessary. In some cases only ¾ of jurors need agree -Amish and other minority groups are being considered for Jury Duty to more completely represent the peer groups

22. Juror’s Right to Veto A little known right of jurors is the Right to Veto. If a juror, or jury, believes the law broken by the defendant, who is clearly guilty, is not just then they can say not guilty. This is a form of protest, but works effectively to send a message to the judicial and legislative systems.

23. Wacky excuses Some Manhattan Jurors have created really interesting excuses to be dismissed from Jury duty: -a juror said, “I only trust one lawyer, and he is dead”= dismissed -”I have to report to prison next week”= dismissed -Lawyer- ‘how often do you walk your dog?’ Juror “I don’t walk him, he goes out the back door by himself into the back yard” = served -Teacher said “I am a teacher and cannot serve”, the Judge made her Juror #1 -”He looks guilty, I can tell just by looking”= dismissed -” I have a weak bladder”= dismissed

24. Wrap up While no one is excited to serve on a Jury, it is important to complete your civic duty. One day you may need a jury and need to rely on a group of your peers! With that in mind, remember, you want an educated juror, with an unbiased background and who are relatable to you.

25. Task 1)Explain why it is beneficial to a defendant to have a jury instead of a judge. 2)Why do defense and prosecution lawyers spend so much time selecting the jurors? 3)What are the only legal ways to be exempt from Jury Duty? 4)Do you look forward to one day serving on a jury? Why or why not?