The Selection Process Juror Selection Receiving a summons for jury duty does not mean that you will actually serve on a jury. Juror Oath At some point during the jury selection process, prospective jurors are given an oath by which they swear or affirm to tell the truth when answering questions about their qualifications as jurors. Qualifications for Jury Service You do not need any special skills or legal knowledge to be a juror!
To be qualified to serve as a juror you must: be at least 18 years of age; be a citizen of the United States; be a resident of this state and of the county in which you are to serve as a juror; be qualified under the Constitution and laws to vote in the county in which you are to serve as a juror Note: You do not have to be registered to vote to be qualified to vote ; be of sound mind and good moral character; be able to read and write; not have served as a juror for six days during the preceding three months in the county court or during the preceding six months in the district court; and not have been convicted of, or be under indictment or other legal accusation for, misdemeanor theft or a felony.
Exemptions from Jury Service You are not required to claim an exemption from jury service. However, you may choose to be excused if you: Are over 70 years of age You may also request a permanent age 70 exemption.
This does not apply if the jury wheel has been reconstituted since your service as a petit juror. Exemption from Jury Service You must follow the instructions on your jury summons or contact the judge to find out what you need to do to be exempted from jury service.
Exemption for Physical or Mental Impairments or Inability to Comprehend English A district court judge may permanently or temporarily exempt from jury service a person with a physical or mental impairment or with an inability to comprehend or communicate in the English language that makes it impossible or very difficult to serve on a jury. Advice for your First Day of Service Be sure that you know where you are supposed to report. If you are unfamiliar with the courthouse and its surroundings you should carefully review the instructions that are included with summonses.
You might also contact the judge or the district clerk's office or check the local web page for additional information. Your attire should show respect for the court. Because you may serve on a jury the first day you report to serve, you should wear clothing reasonably befitting the dignity and solemnity of the court proceedings.
Local judges may restrict certain attire, such as shorts, cutoff, sleeveless shirts, sandals, and hats. Also, you should dress comfortably because you may be in the courthouse for the entire day. You might also bring a light sweater or jacket in case the temperature in the courthouse is somewhat cold.
Take advantage of any free parking offered to prospective jurors. Also, you might want to avoid parking in metered parking spaces because you do not know how long you will be in jury service. Bring money. Though the court or the county may provide parking or reimburse parking costs, you might have to pay them initially.
Also, you may need money to pay for snacks, lunch, or pay phones. Because jury duty involves some waiting, bring something to read to help you pass the time. Be aware that you will likely be asked to shut off pagers and cellular phones before entering the jury room or courtroom. Courthouse Security To ensure the safety of everyone at the courthouse, expect to be screened through a metal detector and X-ray unit. The county may choose to provide additional forms of compensation or reimbursement, including: free public transportation mileage reimbursement; transportation cost reimbursement; free parking; child-care facilities; or free meals.
Charitable Contributions Both you and other prospective jurors who report for jury service will be given an opportunity to voluntarily donate your juror pay to certain local or state charitable causes.
When you report for jury service, you should receive or request a form that allows you to direct the county treasurer to donate your reimbursement for jury service to a designated charity or fund which should include: the Texas Crime Victim's Compensation Fund your county's Child Welfare Board a designated local family violence shelter; or any other program s approved by the commissioners court.
Rights and Responsibilities of Your Employer Your employer is not required to pay you for any time that you missed from work due to jury service. Length of Duty The length of jury service will vary considerably for summoned jurors. Delay Unfortunately, prospective jurors who appear and participate in the jury selection process will spend a great deal of time waiting. Rules of Juror Conduct in Civil Cases Supreme Court Rule of Civil Procedure a The judge will instruct you to adhere to the following basic rules: Do not mingle with nor talk to the lawyers, the witnesses, the parties, or any other person who might be connected with or interested in the case, except for casual greetings.
They will have the same instructions and you will understand it when they do. Do not accept from, nor give to, any of those persons any favors however slight, such as rides, food, or refreshments. Do not discuss anything about this case, or even mention it to anyone whomsoever, including your wife or husband nor permit anyone to mention it in your hearing until you are discharged as jurors or excused form this case. If anyone attempts to discuss the case, report it to the judge at once.
Do not even discuss this case among yourselves until after you have heard all of the evidence, the court's charge, the attorneys' arguments and until I have sent you to the jury room to consider your verdict.
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 me. During direct examination, the prosecutor can introduce evidence such as a weapon or something from the crime scene. The purpose of cross examination is to create doubt as to the credibility of the witness. After the defense attorney cross examines the witness, the prosecutor asks the witness final questions to clarify any confusing testimony for the jury.
This is called redirect examination. Once the process of direct examination, cross examination, and redirect of all the witnesses is complete, the prosecutor rests his case. After the prosecutor rests, no more witnesses can be called to the stand or evidence introduced by the government. After the Government rests, the defense has the opportunity to present witnesses and evidence to the jury.
The defense also has the option of not having the defendant testify. There is no burden upon the defendant to prove that they are innocent. It is the government's responsibility to prove the defendant committed the crime as detailed in the indictment. The fact that a defendant did not testify may not be considered by the jury as proof that the defendant committed the crime.
The defense may also waive his case. If the defense does not put on any evidence, the jury cannot assume that the defendant is guilty simply because they did not put on a defense.
The decision to put on a defense is solely up to the defendant and the defense attorney. However, the defense will usually present its own version of the case. Objections During direct or cross examination, either attorney can make an objection to a question or a piece of evidence to the judge. For example, a prosecutor or defense attorney may object to the wide range of the direct examination because it is beyond the knowledge of the witness, the attorney may be arguing with the witness rather than asking questions, or the witness may be talking about things irrelevant to the case.
The judge decides the outcome of an objection, sometimes after allowing attorneys on both sides to comment before making a ruling. This page was last updated: 15th September Skip to main content. Criminal Breadcrumbs. Types of trials There are 2 types of trials: judge-alone trials jury trials. Category 1 or 2 crimes: For less serious crimes, you have no option other than a judge-alone trial. Depending on the nature of the crime offence , your case will be heard by either by a judge, justice of the peace or community magistrate.
There will be no jury.
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