|
|
Hand Book for Jurors
Introduction
The judges of the 15th Judicial District Court, the
Vermilion Parish Clerk of Court, and the Jury management
staff welcome and congratulate you as a fellow participant
in the administration of justice.
You are now involved in
the right to a trial by a jury of one's peers, a cornerstone
of American justice. By serving as a juror, you will
be a judge and you will assist in perpetuating a system that
is fair and provides the same opportunity to all American
citizens.
Efforts have been made to expedite the cases set
for trial during your jury service; however, many matters
must be disposed of before the jury is called.
Witnesses may need to be located, motions may be filed by
attorneys, and a myriad of other things may happen which
require some delay before the jury panel may be summoned to
the courtroom.
These circumstances may cause you to wait for
extended periods of time. The judges request your
patience and assure you that all will be done to make your
jury service as short and efficient as possible.
Top of Page
How Jurors are Selected
The names of all licensed drivers and registered voters
of Vermilion Parish are placed into the Clerk of Court
computer once a year. The computer first eliminates
duplicate names, and then uses random selection to select
the names of people who will receive a subpoena for jury
duty.
Top of Page
Qualifications
Louisiana law provides that certain qualifications must
be met in order for a person to be eligible to serve on a
jury. These requirements are that a prospective juror:
- Must be a citizen of the United States and Louisiana, and
must have resided in Vermilion Parish for at least one year
before service;
- Must be at least eighteen years of age;
- Must be able to read, write and speak the English
language;
- Must not have a mental or physical infirmity which makes
service impossible;
Must not be under indictment for a felony, nor convicted
of a felony for which he/she has not been pardoned. If you
do not meet all of these requirements, contact the office of
the Judge to be excused. Also, if jury service would
result in undue or extreme inconvenience or hardship, you
may contact the office of the Judge to request a
postponement or excuse.
Top of Page
Exemptions
Effective April 28, 1994, the Louisiana Supreme Court has
amended its rules so as to effectively eliminate all group
and occupational exemptions from jury service. Persons
who may claim an exemption from jury service are:
- Persons who have served on a jury or in the jury pool in
the 15th Judicial District within the last two years;
- Persons who are 70 years of age or older.
If you are in either of these categories, you may claim
an exemption from jury service; however, if you wish to
serve, you may do so. If you do elect to claim one of
these exemptions, the Clerk of Court will assist you in
presenting the necessary proof.
Top of Page
Your Role As A Juror
You are to report to the Vermilion Parish Courthouse at
the time and date stated on your subpoena. You will
report to the main courtroom located on the second floor of
the Courthouse. The assigned Judge will determine if
you are qualified to serve on the jury.
After that
determination is made, all potential jurors may be asked to
wait in the old Police Jury room, also located on the second
floor of the Courthouse. The Judge will then
question prospective jurors. You must not leave this
area.
When you are sent to the courtroom, you are asked to
conduct yourself in a respectful manner. You should be
alert, courteous and honest about your feelings and opinions
on issues.
Should you be selected as juror, it is imperative
that you are attentive at all times. The Judge
presiding over that court will give instructions and orders
that you must follow.
If you have any problem (such as not
being able to hear a witness), have an urgent question or
request, you may ask the Bailiff to notify the Judge, who
will then handle your request.
After you have heard all the
evidence and each attorney has summed up his case, the Judge
will instruct you on the law that applies to the facts you
will consider. You will then be escorted to the Jury
Deliberation Room where you and your fellow jurors will
deliberate.
Top of Page
Sequence of a Trial
The Judge will tell you the names of the parties, the
lawyers who will represent each, and the nature of the legal
action.
You will then be questioned by the attorneys and
court to insure that you can be impartial and objective
about the issues in the case. This is called Voir
Dire. Each attorney may challenge "for cause." This
means that for some reason (your occupation, your opinion on
certain issues, your knowledge of the case, etc.), it might
be unfair to ask you to be impartial in the case at hand,
and the Judge may excuse you from service in this particular
trial. Each attorney also is allowed by law a limited
number of "preemptory challenges". This means
the attorney may ask the court to excuse some prospective
jurors without stating any reason. (If you are
challenged, please keep in mind that this request is not
personal. The attorney is merely using a right given
to his client by law).
At the end of the Voir Dire a number
of people will be seated to form the Jury, and the trial
begins. (In some cases it may be a "six-man" jury, in
others it may be a "twelve-man" jury).
The plaintiff's
attorney (in civil cases) or the District Attorney (in
criminal cases) will make an opening statement telling you
what he intends to prove. The attorney for the
defense may also make an opening statement.
After the
opening statements, the side bringing the suit, (i.e., the
plaintiff or the D.A.), will present its evidence with
witnesses, documents or other exhibits. Then the other
side will be afforded the opportunity to do the same. When
one party is through questioning one witness, the other
attorney may cross-examine. There are special rules of
law governing what may be asked of a witness, how the
witness may respond, and what the Jury may properly consider
as evidence. From time to time, an attorney may
"object" to some testimony or procedure. The Judge may
ask the lawyers to approach the bench to discuss the matter,
or you may be taken to the jury deliberation room so that it
may be debated outside your hearing. In either case,
the Judge will rule on all questions of law, and will tell
you how the law requires you to treat a particular
situation.
When both sides have presented their evidence and
defenses, each attorney will sum up his case. He tells
what he believes the evidence shows and why it favors his
side. Of course these presentations by the lawyers are
not evidence.
After the closing arguments, the judge will
instruct you on your duties as a juror. He will also
instruct you as to the law in this particular case, what
verdicts can be rendered and the consequences of each
verdict. You and your fellow jurors will then be
escorted to the Jury Room for deliberation.
At this time,
you will select one juror to be your foreman. This
person will preside over your deliberating, and will bring
the verdict into court. In many cases one of the
parties will ask, or the Court will order, the Jury be
polled. This means the court will ask each juror
individually if this is his or her own verdict. The
Judge may order their verdict to be in open court or on a
secret ballot viewed by the Judge and attorneys.
Thereafter, the Clerk of Court is ordered to seal the
ballots in the records.
The judge presiding over the case
will then thank you and dismiss you.
Top of Page
Petit and Grand Juries
A petit jury will hear and decide criminal cases after a
person is charged with a crime.
Criminal cases are brought
by the state against persons accused of committing a crime.
In these cases, the state is the plaintiff, and the accused
person is the defendant. Criminal trials can involve
traffic, misdemeanor, felony, and capital (death penalty)
cases.
A grand jury does not decide a case. Rather it
has broad powers to investigate a wide range of criminal
offenses and to examine the performance of public officials
and public institutions. As such, a grand jury may charge a
person with a crime who may be tried before a petit
jury. Its deliberations are conducted in secret, in
conjunction with the State Attorney or a designated
assistant state attorney.
Top of Page
Payment for Jury Duty
Jurors will receive $25.00 per day, plus mileage for jury
service.
Top
of Page
Length of Service
The first day of service is normally limited to jury
selection for trials held during the week. Jurors selected
to serve on cases will be asked to return and serve on the
dates of that trial. Most trials last several days.
Top of Page
Dress Attire
Proper dress attire is required. Shorts, men's
hats, muscle shirts, halters (mid-drifts), and other
inappropriate dress are not allowed. Cell phones are
not allowed on the second floor of the courthouse.
Top of Page
Definitions
Bailiffs - The official in each courtroom who attends to
the security and comforts of the judges, jurors, and the
court in general.
Bench - The seat occupied by judges in
court.
Bill of Information - A formal charge of violation of
a criminal statue made against a person by the District
Attorney and filed with the Clerk of Court.
Challenge -
During the selection of a particular jury (see voir dire),
attorneys for either side may wish to suggest to the court
that certain individuals be excused from service for this
particular jury. There are two types of
challenges. (A) A challenge for cause is made when an
attorney believes that an individual being challenged is in
some way not appropriate for a particular case. For
example, a person who was recently a party to a personal
injury suit or who is a relative of the attorneys or parties
in the present suit, may find it difficult or impossible to
be completely objective. The decision as to the
validity of a challenge for cause is made by the judge.
(B) The law allows each side in a case a limited number of
preemptory challenges which it may exercise if it so
chooses. The judge automatically grants preemptory
challenges.
Chambers - The private room or office of a
judge.
Civil law - Civil trials, as distinguished from
criminal trials, deal with disputes between individuals,
corporation, and/or other private entities or public
entities such as the City-Parish or State, in which no
violation of a specific criminal law is charged.
Criminal
law - That law dealing with actions or omissions which have
been identified by a legislative body as being contrary to
the public interest, and to which criminal penalties have
been attached.
Cross-examination - Examination of a witness
by the party opposed to the one who produced him, in order
to further develop and to test the truth of his testimony.
Defendant - In a civil action, the party against whom suit
is brought; the party who is being sued. In a criminal
case, the defendant is the person who is charged with
violation of a criminal statute.
Direct-examination - The
first examination of a witness by the party on whose behalf
he is called.
Expert witness - A person qualified to speak
authoritatively on a certain subject on the basis of skill,
training or experience. The court is responsible for
determining the qualifications of an expert witness to
testify in a particular case. An expert witness may
offer opinions as well as observations within his field of
expertise.
Grand Jury - A special jury which serves during
each session of criminal court as a body to inquire into
complaints and accusations of violations of criminal laws.
Grand Juries may hear testimony and receive evidence, and
may bring charges in the form of an indictment against
individuals. A Grand Jury does not find innocence or
guilt; it simply determines whether or not sufficient
evidence exists to bring formal charges before the court.
Indictment - A formal accusation, by a Grand Jury, that a
person has violated one or more specific criminal statutes.
The charge is presented to a court.
Instructions - The
directions given by the judge to the jury concerning the law
which applies in the case at hand, and the manner in which
the jury is to apply it to the facts as they find them.
Intervener - A person who voluntarily enters an action or
other proceeding, with the permission of the court.
Jury
pool - A randomly chosen group of individuals from which
individual jury panels are chosen.
Jury term - The length of
time for which a citizen serves in a jury pool.
Motion - A
formal request to the court by an attorney for a specific
action by the court. Example: "Your Honor, defense
moves the last testimony be stricken from the record."
Objection - In a trial, a lawyer may object (or raise an
objection) to a procedure or action in the trial (such as an
attempt to introduce certain evidence or to elicit certain
testimony) which that lawyer feels should not be permitted
under the rules of law which govern the conduct of trials.
The judge will make a decision as to whether or not the
objection is to be sustained or overruled.
Panel - A
specific group of prospective jurors from which the jury for
a particular case will be chosen. The jury pool is for
convenience divided up into panels, which are sent to each
court room as the need arises.
Petit Jury - A jury of
individuals who determine the facts and render a verdict
thereon in a particular criminal trial. Plaintiff - In a
civil action, the person who brings a petition to the court;
the party who initiates the action by filing suit.
Plea - A
defendant's statement, answering the charges against him, or
showing why he should not answer. Settlement - An agreement
by which parties having disputed matters between them reach
an agreement which concludes the dispute without going to
trial.
Statute - A written law, enacted by a legislative
body (city council, state legislature, U.S. Congress)
Verdict - The formal decision of the jury. In a
criminal case, the decision relates to the guilt or
innocence of the defendant. In a civil suit, the
decision is whether or not the plaintiff has proved his case
against the defendant, and may also include findings as to
the amount of damage suffered.
Voir Dire - A prospective
juror, prior to being sworn to serve in a trial, is
questioned by the judge and the attorneys in that case in
order to determine whether he/she is competent and qualified
to hear the particular case.
Witness - A person who
testifies under oath to what he has seen, heard, or
otherwise observed, and whose statement is received as part
of the evidence in the case.
Top of Page
Personnel & Their Functions in Court
Judge - An officer who is elected to preside and to
administer the law in a court of justice.
District Attorney
(D.A.) - The chief prosecuting officer, elected by the
people of the parish, who represents the state in criminal
trials. The District Attorney may also appoint an
Assistant District Attorney act in his behalf should he be
unable to be present at trial.
Plaintiff - The
party who complains or sues in a civil action. Defendant -
The party summoned to answer a charge or complaint in civil
or criminal law; The party against whom an action or suit is
filed.
Lawyer (Attorney,Counsel) - The legal representative
of a party in a trial.
Bailiff - An administrative officer
of the court who attends to the needs of the judge, jurors,
witnesses, and court. Court Reporter - A person responsible
for taking and transcribing official presentations of
facts, evidence, and legal procedures in a trial.
Minute
Clerk - A deputy clerk of court who administers the oath to
jurors and witnesses and whose duty is to receive the
evidence as it is introduced.
Top of Page
Instructions to all Jurors
You have been qualified as a prospective juror in a
pending case. It is imperative that you follow the listed
instructions:
- Each juror has been given a juror number, it
is important that you write your juror number in the upper
right hand corner of this page.
- Each evening, each juror
will be required to call 337-363-5671 to determine what
numbered jurors will have to report to court the next day.
If you are asked to report to court the next day, please
arrive at the courthouse no later than 15 minutes prior to
the time court is to begin. This is done in order to
facilitate a roll call at the designated court time so that
court can commence promptly.
- Please do not discuss any facts
that you hear about the case amongst the other prospective
jurors during the time that you are waiting the selection
process. Please do not try to discover any of the
facts of this case as all evidence that you will need to
decide this case will be presented to you in the courtroom.
- It may be a good idea for you to bring some reading material
during the period of time that you will be waiting during
the selection process; however, please do not bring any
legal materials or any materials that contain information
about the current trial.
- You will be restricted to the
police jury room area during the time of the selection
process. A bailiff will be present during this period
of time. You may carry on conversations about any
topic other than discussions about the facts of the pending
case or legal issues. A bailiff will be there for your
assistance, and you will be requested to remain in the
police jury room area except for normal lunch breaks and
recesses of court.
- The bailiffs are there for your
assistance, and should any problem arise during this trial,
please ask the bailiff for assistance with this matter.
- During the course of the trial, you may see or hear news
accounts concerning this trial. You are not to listen
or attempt to obtain any information from these new
accounts.
- During the course of the jury selection and trial,
you may come into contact with some of the attorneys
handling the case. They are under court order not to
carry on a conversation with you. This is done to
eliminate any appearance of wrongdoing.
Top of Page
|
