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Home > Public Information Pamphlets >

JUROR: YOUR RIGHTS AND DUTIES

Jury Duty
Jury duty is an interesting and important service which you may be summoned to provide by the District Court of your county. Jury service is a citizen's right and responsibility. It is a segment of the law which protects our fundamental rights. Your full cooperation is an important contribution to the fair, efficient administration of justice.Many people are unfamiliar with courtroom procedures and what is expected of a juror. The following is a short explanation to help you understand your rights and duties should you be summoned for jury duty.

Why a Jury?
A group of people with separate and varied life experiences, whatever they may be, can arrive at a better verdict than a single person with more limited experience. Normally, juries are composed of six or twelve people.

Types of Trials
There are at least two parties represented in every trial. In civil cases, one party is the plaintiff and the other party is the defendant. These cases usually involve property, money or civil rights. In criminal cases, the State of Kansas or a city is the plaintiff and the defendant is a person who is charged with a crime. In addition to a possible fine, the defendant's life or liberty may actually be at stake. The criminal cases are those normally prosecuted by the county attorneys in the various counties.

Conduct of Trial
Selection of Jury
The entire group of people summoned for jury service is called a panel. The jury will be selected from the panel.

After your name has been called and you are seated in the jury box the judge may ask you certain questions. After the judge concludes, each attorney may ask you questions. These questions are not in any way meant to embarrass you; they are asked only to check your qualifications to sit as a fair and impartial juror in this particular case and nothing more. If you feel, for any reason, you cannot sit as a fair and impartial juror, you should state that to the judge or attorney. Even after the questions are concluded by the attorneys for both sides, you may still be dismissed without cause, as the law provides certain challenges without stating the cause. These are called preemptory challenges and are not an adverse reflection on anyone being excused.

Opening Statements
After the selection of the jury, the attorneys for both sides explain the positions of their respective clients, what they claim, and what they expect to prove. These statements are not evidence but explanations, and the claims made must be proven by competent evidence.

Presentation of Evidence/Examination of Witnesses
Both parties usually attempt to prove their sides of the case through witnesses. The witnesses are examined first by the attorney who called them; this is called direct examination. Then the other attorney may examine the witnesses; this is called cross examination. This can proceed further by redirect or re-cross examination.

Objections made by attorneys are sometimes technical, but they are made in an effort to limit the testimony to what is pertinent to the case. If the judge sustains the objection, the evidence is not proper, and if the judge overrules the objection the witness may proceed to answer the question asked. If the objection is sustained, you must disregard and not consider any answer or inference.

Sometimes, during the trial, the jurors are excused so that the attorneys may present an argument to the court concerning an objection or another legal matter. This is done so that the jurors will not be prejudiced by any statements made. Lawyers are within their rights and have a duty to object when evidence which they believe is improper is offered. Objections being sustained or overruled should not cause you, as a juror, to give either side any more favorable or unfavorable consideration.

Final Arguments
The first final argument is presented by the plaintiff's attorney who will review that version of the case. The defendant's attorney will follow with a presentation of the other view of the facts of the case. Then, under the law, the plaintiff's attorney has the concluding argument.

Instructions
At the conclusion of the trial, the judge will instruct the jurors as to the law applying to the particular case. Jurors must base their verdicts on the judge's instructions as to the law, rather than on their own notions of what the law is, or ought to be.

Jury Deliberations
The jurors, upon being taken to the jury room, will first select a foreman to preside over the deliberations. You will discuss the evidence and attempt to arrive at a fair and impartial verdict according to the facts as presented from the witness stand and the law as given to you by the judge's instructions. When you have done this, you will be returned to the courtroom where your verdict is read.

Jurors' Responsibilities
Never be late, always sit in the same seat, and give your attention to the witnesses and the attorneys. The case is important to someone and that someone could someday be you.

You should not talk with anyone about the case or allow others to talk to you or about it in your presence during the trial and jury deliberations. If the suit involves some particular place or scene, do not make a personal inspection of the place unless the court orders the jury as a group to do so. Any unauthorized inspection may result in a retrial of the case, which is expensive and time consuming.

Never let TV, radio, or newspaper articles on the trial or items concerning it affect your decision. They may be incomplete or biased and a miscarriage of justice could result. During the trial do not read, view or listen to news reports relating to the case or trial.

If the case is settled or dismissed for any reason prior to the jury's verdict being rendered, you have still performed a valuable service by being there as a juror. You can and should be justly proud of your service as a juror. Not everyone is allowed the privilege of serving. Your presence on the panel is necessary even if you never actually serve on a case. You have a right to feel proud that you have had a part, a vital part, in our democratic way of life.

When in doubt ask the judge
In each case on which you act as juror, the judge will give you instructions applicable to that case. The information in this brochure is not intended to take the place of and must not encroach on those instructions.

 
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