A PRIMER FOR
PROSPECTIVE JURORS
Provided as «public service by FJA/AIL the Fly formed
Jury Asciation/American Jury lsu, whose goal is
to restore the tue function ofthe jury and inform all
Americas oftheir authority and respons
‘Tie brochure will provide you with bie annnets to some
common but dfn queons tout jury servic.
ies as jurors
‘Why ea i Fis, because joes are sbrays
‘morilyesporaiblefr their verdict. Whoever
takes on that responsibilty hs a ihe wo fll
information, at mgt bey | |
1
‘Secon fly informed juresare important
because, in aon to prong est for
the scusd, el joes were expect ly the
feamers ofr Consttuion to use thee ers
to dec, balance aad guide ll hee branches
of government. jrors sll have tat vital oe
to ply and til have dhe poe wo psc i
but his pat of thet job ey expined co
them hy the court
‘Therefore, you shoul lok at this brochure
asa more complete "jo description” fr jurors
than you ae to get severe Manyjurors
who have ea it have tld safer the rial hat
it wally helped therm do gue in the very
snes tsk of judging the actions ofa fellow
huwan beingi A FEW QUESTIONS AND THE ANSWERS
Must I respond to a summons for jury service?
Legally ys. Moceoes, FA eacourages you to show up, even
though nse cou jarslitions hive neither the personel no he
money it woul take co track le dase who da wot espond FA,
lelieses that if re people net how much god they coll do by
seeving 00 jury aa Low much power they Lave todo thar god,
mote of them woul hap respond wo simmons
‘Must fansuer al he questions asked of me on a juror
questionnaire, or duing the selection process vir diel?
Ie depends, Mos ursitons will alow yoo to answer a
question pvt in front cf the judg and ewes nk, ify fel
‘uncomfortable abot answering iin rot of everyone ee in the
courting ansverng question bees uaF it
‘ston psraral you shuld he che jude know.
Anh foal Se Cui jaiccon, because of accents
your objection wll ensble he ug ak the troy who ped
the quetion to expuin wy iti recone jury eeron i thease
than cc de witha the quo,
‘The east fae yur ight» privacy aint he eendan's
Tight to an inpattiajny. So, at eas in he Sth Cis, uns the
ule pevorsthis est of Mane” in response our asin
cof yo ihe to privacy, sanctions canoot be used gains you or
fing ane
Wtejudge desis tht he question relevant jury seston,
andtisrued that you mustansw itis sil uptoyouto decide how
toanaverthisor anyother question ask, Thiscan be veryimporant,
specif hav moral qulmsabouttheconsnquearso
the uth, (Think ofthe lemaa fic by German izens when
Hider's seer pie demanded wo kaw if hey wee hiding ew
in theichoose)
couple of speci la questions fr has who undead
a pprcite the political rao the jury are "Will ou fll the
lw as nen, ven if you dg with ito Have you weal any
material onthe tpi of jury clifton”
Shou yn give ansves cat a likely opt you excuse fom
serving oy whatever i takes be sled oye ean do your
arcinsee that jute scr I jour moral hoe.
Who ass these kinds of questions, and why?
‘Questions lke thee ate ofc ake by praetor sometines
by judges, an are se wo disusiy pnp foo serving if they
_ppeartoundersnd ther power asjuvos ate sware athe jy
has a poli rle, This makes teaser forthe yoermment to get
comictions,esprlly under les of questionable vale nd spy
publicsuppon-precily the kinds fs that our nation's founders
wont just question.
‘The jury eetion proces has thus Become a bude in che
endless struggle tween tizens who want co enjoy eetcse and
preserve cei ind ight, nl a goer bento increasing
tts contol omer the citizenry. Pnging juris of anyone wh dgres
with dhe ar isan easy way to ainsi tha on, but vires the
‘main principle of cur Consttaron-tha the peuple ae he mse,
an the govern isthe seevan
As jurors, kesp in mind chat your pry aig ro serve
Jusicehich may 4 some ities mean devine a to provide
information which wl cost you your chance to serve, and therefore
enable the lal profesional tn tack the uy with people who dn’
ow thee ight,
Once on a jury, must we the aw as given by the judge,
even thnk isa baw, or wrongly apie?
Yo You se fe to yte on the vender acneding to your
conscience Yo my notes the charges yon may hoo to
vote tao even nen the evden poe that tdfedan ed
iif yourcorscene so dates
‘Aue a thik the charges ae high, ou can ak te js
to el ou aboard ches of which you might, goad
conscience, be wl find he defn.
‘Thesane apsons apy leant evden hough as
vei ateed in a yay that veld ceri the eas orf
Bef cha th goverment ss ying ts sce by aking
ameranplecutothedelendnr ks sa you wena sows aces
tse ofthe fats ofthe cs, otha ies ees shuld nor
be pnb for ay thereon you ie huss wl note
sex yng the defen iyo able ae age, You hae
the porto eadera concious vedi
Is this whats meant by “jury nullification”?
Yes When jmos unanimously age that deste clear evdence
showing the defendant acted asacosed, conse requis than
bringin yer fe uty orate char,
cil case not tn anard ll the dansagslimed, thee atin shows
“jury lian’ an exit of jury veto pone
“This power wo “thei china! bing in 2 contentious
‘elit even when the defendant is by tele of tek gly
Talis very backbone uf eure Sine the Magra
signed by KingJb in 1215, aus in che ilo anal Ameri
syste hae ad the poet and responsi to resort co conscience
whenever they fea ste aplication ew wl yl anus
ceoviton alo julent aginst, the defend
ely jushrkdnee elbiyou “one” eothepoemmant
or prt pinal find azn the defendant et seme
chan ouch a lesen of, ore a) wen
ovr ar televe any har wasdone Restrberthepreeitors
“rity cag” dse di. Thiss epvlyinportan now date
Suprene Coun hasdeidadosllonjugstosntece aden
{ behad commited the worscrineJonasvofchas apis hin,
ura hi of alr the et serous han [2
Jusckeepin mind hat any people se for non, ore very
oot ons, an sometimes the erent paces comple
innoent, hares pople, AS a jor, a hae the pawe o stp
such abuses
sen if
‘What about the oath [had to take co “follow the aw” as
fen by the judge?
You cannot be punished fr filloning yur consince tea of
the oath eu tke or he msn yu are en a rc. Wht
youand the other ros dee to do behind he closed doors ofthe
libration soom is your buns
‘The hk point of ning jury system sforagoupof ontinary
cians t dee upon edt oF canage sal independent of
‘vce flac, ncaling yorernmentinflance. I jcrscould
‘be punished for acing apis che wites ofthe cout, ou jury ster
wo actally bal by oernment. Par oa job to chink ad
sctinlpendenty to keep tae fon lupin.
eatin ical farsa ent US. Cor Ages sion
bl that fou mabe nr yur ention oath defodane
regnlles uf the eidene agsnst him, you ay be mene fo a
my as"incpae of being gut. [3] Bue ha same decision may
‘pros your rit ods and jac he law a itsaplation
ith the other ues before deciding on a vedic as ngs you ako
‘expres resonable doubt thatthe evidence ros the psenon's
«2 itcnnat be sash hat yr intel ai no
wha’. Frc easonaie doubt can Be thao think the defense i
‘or being allele ined important evidence oda you don't
bale te ites, ncaing pole and informs
If no one on the juey ageees with me, do I eventually have to
sive in and vote forthe verdict they want?
No. Youean hang the jury ith your cif hel ite ghe
thing ta do. No ane can foc yuu to eng your mina Hee i
‘on kor ile courprocalurethotsays aj hast wach avd
‘When a jury decd it cannot gree ona ei, the prosecutor or
other pitt cold lays cal fr another il
series of lung ures in simior kinds of ees ser valle
neasg onc ha he lias being both
ice eile ethers esethe av hat expe thew of
the people, oto ep t Manu iw haben change otal
off the Books bea nes ote bang whe skew pt
{Lawvwhidh made itacime paves ape, va which dl not
allow woking ep oon stk, al which obi he
nanan sl ofakobol re er epee)
Although hog juries may e expensive to toxpaysts and
-ouburasingtotheewerment they renin ed ade way or
the pop sy "nto edly an to ic te publ opinion
ino th democrat: pres, ec asthe ation’ sfundes expected
them too
Should I share this brochure with my fellow jurors?
Deingso mayb ky. Even though the ater in his brochure
inwell searched anda accurate aswecould make it ard even how
very American shoul earn wait ha to ty, ou ay find ue
im ecuble wih the judge fou share i wih fellow jos
Thisisbocase, in 1895, he Supreme Court id har who
ind he the power judg both aw and eta deer cok
roe ape aconvction ot gene tl cause the cour bad not
tol the jurors about reir clifton power, ot would nt lt the
aaterey tl the
‘The BC, Court of Appeas in 1972 alter fst praising ny
rullifation asa check upon ad law, noneticse supped ad
extended hat Supreme Cou decison by holling trons dda
“ee” toe cld abou their nlifation porte should ley
now shout it by way uf “communition fm the total cute"
meaning by reading books and rgaines, matching TV and movies,
or engaging in conicston {5}
In shor, youre assumed to kno thr yu can eft comict
ifdoing so would volute your conscience ce see cf juice Homeve,
2 recent study demonstrates har ery few peopl ae actully aware of
‘heir ullifcation power. [6] This finding strengthens ou argument
‘or telling you rights you proably donot “lady kos", and
‘san ocelot be the cour wll ct el yout
many event, these court rulings lane enable jugs to present
ast patipants in ia for nding jes her 0 power,
ad nt yetesablisel in hater that ince jos showing
Teranre no ater jars hry eights ets, such a the poo
From whim you probaly eve tis brochure, ave ne atic
{inthe tra and generally stay ouside the courthose, hangout
information tall who wil ake it as an excise of fee sph in
‘what the Supreme Court has deste as "fe speech aoe" [7Can T even eal shout “jury rights” with fellow juroes?
Certainly, You can alk about anything you want co daring our
clerations, lt iscertaily appropriate disuse ele ofthe jury,
is hier, the ight and powers of jurors, hut you may be toring
‘ato thine iFyowamemp to document yr das wth writen
teri includ this rach ke, you may fn yours
in ilton of the wal instruction bythe age not ef to any
"outside materials when deliberating
Back to Ameria’ founders. What exactly dd they sy?
(Our sin ese, ‘Thomas Jeers, in 789 wate a ter
Thomas Pin sing Toner by jy ashe oly anchor ye
kee nan by which a goverment can Le lle the pikes
ofits costtion." [3
‘Our second present, John Ans in FIL ad about tee
jor, "Te snot ony his it, bu is duty. o find the vec.
scoring this own best understanding, jgment, an consien,
though in diet oppaition othe dirtion afte cour]
John Jy the fist US Supretne Court Chi ste in 94 ad
ha jos heat "oder the Lav swell he fin
cones 10}
From hsory and expertence, the Hodes wer nell aware that
citiaen juries wold be the bes protection aginst damage to our
‘lenale igt Tha wy they insted on teil hy jury inthe
Dect of lependene, Contato, aed Bl of igh (ria
{ny gets none tetions chan any others)
Tn ft mayo the igh and fsomsthattey easurd and
ce sil essere tay respec, sls freedom, peaceable
sen foe tad, property righs, reo ofthe pros) had been
ileifed and enablished by courageous juries in the fit place, both
inBgland ander Ameren colonies where sometimes ett
tothe oan saad ery) jos had esd enforce whatthey
fee were unjuslaws ering win ey as “naar ight Juries
ett pate flew ites fam government any
Could you give me some examples?
ups the linda ese was the 1670 el of William Penn
Oar sights feed ofspesch region and peaceable aserbly were
tstablsd when Lana ory refsel occ him for ilting
the Content Act, which mae Anglicanism the oficial religion of
England, sn masopprchended delivering Quaker sermon onastet
core, slr the palie had ocd the doors to the meting house
isjuy couse nohanmnin what he iad efsed to convctcve
fe eing locked inthe deliberaion room without fod water,
toile fies fords ad told finde uy Ever then, they
were ir forthe verdict and those who dn’ pay wer aed. But
when te highest court in Ena relesd her, heights they had
eet neon thir to ecomingcortintonal lw- uy agyea
‘oxhy in First Amal
Tn 1735,in New Youk Colony, oo Pwr Zenge’s acuity jury
‘abla fern ofthe pos He ws cused f “seditious bel”
foc rinsing cme orcs edna abou cormpsion inthe ecto
sxsnere’s fice, The cour told the jury “Fth is no defense" but
‘the jury ol the ceare "Nee gil’ even though there was pleny of
‘evidence of Zengrs “gui The jry brought ina “eonscensous
‘veri in the fae ofa ha a
So, what happened between those days and the present?
Cartan biases itera sw thir influence and profs cot
by juries shih fie to eno avs the incre hl spenta a
‘of ney lobbing the gorenment w ps psa te ws which
dei oe woke tos). When nent est thee rns
came fo constitute x warty ofthe membership on or Supreme
Courinhe le 180 they made te disk which nth da alls
jugs tey to ap the power ofulifaton ser rom jr t]
“Though our gveramentonty raat 2h the power sl
cs, sector oot That i why ail nfm jy” movements
undervayen ell yu dhe sere the cours wl ot I's a secre that
Fer or fof being punished by xs, dare not el.
Tnsumnary,the aces merely is yo, the jax, ate the mos
perl pertom nthe courocm bene you ane have the sy
‘on bth dhe awa the evidene. [you acquit the defendant in 9
imide ehat ends it The dlelan anno be ted sain for
thesane rine. This the essen power hat we cers mst ave
if eat 0 rain contol over our government evans, 50 that no
attr what ston the government makes egal ti we, ao the,
wha can dei whether ore eo pp the bw
AEA ores jute our awesome pe ely fo promote
lity and jst ane tg rhe deme procs.
have more questions: Does AJVFIIA have more answers?
‘Yea, Well milf Jy Power Information Kit }PIK") 0 yoo
ifyou cll -SO0TELURY ad el us where to send it The IK has