HANDBOOK FOR TRIAL JURORS
SERVING IN THE
UNITED STATES DISTRICT COURTS
Prepared for the use of trial jurors serving in the United States district courts under the supervision
of the Judicial Conference of the United States. Published by the Administrative Office of the
United States Courts, Washington, D.C. 20544.
HANDBOOK FOR TRIAL JURORS IN THE FEDERAL COURTS
Purpose of This Handbook
The purpose of this handbook is to acquaint trial jurors with the general nature and
importance of their role as jurors. It explains some of the language and procedures used in court,
and it offers some suggestions helpful to jurors in performing this important public service.
Nothing in this handbook is to be regarded by jurors as instructions of law to be applied by
them in any case in which they serve. The judge will instruct the jury in each separate case as to the
law of that case. For example, in each criminal case, the judge will tell the jury, among other things,
that a defendant charged with a crime is presumed to be innocent and the burden of proving his guilt
beyond a reasonable doubt is upon the Government. Jurors must follow only the instructions of law
given to them by the trial judge in each particular case.
Importance of Jury Service
Jurors perform a vital role in the American system of justice. The protection of our rights
and liberties is largely achieved through the teamwork of judge and jury who, working together in a
common effort, put into practice the principles of our great heritage of freedom. The judge
determines the law to be applied in the case while the jury decides the facts. Thus, in a very
important way, jurors become a part of the court itself.
Jurors must be men and women possessed of sound judgment, absolute honesty, and a
complete sense of fairness. Jury service is a high duty of citizenship. Jurors aid in the maintenance
of law and order and uphold justice among their fellow citizens. Their greatest reward is the
knowledge that they have discharged this duty faithfully, honorably, and well. In addition to
determining and adjusting property rights, jurors may also be asked to decide questions involving a
crime for which a person may be fined, placed on probation, or confined in prison. In a very real
sense, therefore, the people must rely upon jurors for the protection of life, liberty, and the pursuit of
happiness.
The Courts
In this country, there are two systems of courts. They are the courts of the individual 50
States and the District of Columbia and the courts of the Federal Government. This book is written
for jurors selected to serve in the trial court of the Federal Government, the United States District
Court. The types of cases which can be brought in this court have been fixed by the United States
Congress according to our Federal Constitution.
Cases in the United States District Courts are divided into two general classes. These are
called criminal cases and civil cases.
Criminal cases are those in which individuals or organizations are charged with breaking the
criminal laws. Typical criminal charges in a federal court are those involving violation of the federal
income tax and narcotics laws, mail theft, and counterfeiting.
Civil cases are suits in which persons who disagree over their rights and duties come into
court to settle the matter. A typical example of a civil case is one involving a broken contract. One
party may claim that it should be paid under the terms of the contract, while the other side may assert
a defense to the claim, such as the lack of a binding contract. The court is asked to decide who is
right. This depends on the law as laid down by the judge and the facts as decided by the jury.
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HANDBOOK FOR TRIAL JURORS IN THE FEDERAL COURTS
The Criminal Case
The person charged with a violation of the law is the defendant. The charge against the
defendant may be brought in two ways. One way is by means of an indictment; the other is by an
information.
An indictment is a written accusation by a grand jury that charges the defendant with
committing an offense against the law. Each offense charged will usually be set forth in a separate
count of the indictment.
An information is the name given to a written charge against the defendant filed by the
United States Attorney and not by the grand jury. But even in cases where the defendant has the
right to have a grand jury consider the charges presented, the defendant may agree to give up this
right and consent to the filing of an information.
After the indictment or information is filed, the defendant appears in open court where the
court advises the defendant of the charge and asks whether the defendant pleads "guilty" or "not
guilty." This procedure is called the arraignment.
No trial is needed if the defendant pleads guilty and admits to committing the crime. But if
the defendant pleads not guilty he or she will then be placed on trial.
The judge in a criminal case tells the jury what the law is. The jury must determine what the
true facts are. On that basis the jury has only to determine whether the defendant is guilty or not
guilty as to each offense charged. What happens thereafter is not for the jury's consideration, but is
the sole responsibility of the judge. In other words, the sentence is not to be considered in any way
by the jury in arriving at an impartial verdict as to the guilt or innocence of the defendant.
The jury must consider separately each of the charges against the defendant, after which it
may find the person: not guilty of any of the charges, guilty of all the charges, or guilty of some of
the charges and not guilty of others.
The Civil Case
The following is an example of the kind of civil case jurors in a United States District Court
will help decide.
Let us call the case John Smith v. XY Company. This means that John Smith has filed a
case against the XY Company.
John Smith is called the plaintiff, the person who begins the case. The XY Company is the
defendant. The plaintiff and the defendant are the parties
The plaintiff, John Smith, states his claim in a paper called the complaint. The defendant, XY
Company, replies to the complaint in a paper called the answer. The complaint and the answer are
the main pleadings in the case. The points in the pleadings upon which the parties disagree make up
the issues of fact and law. Sometimes these issues are set forth in a pre-trial order. This is an order
drawn up by the judge after consulting with the attorneys for the parties.
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HANDBOOK FOR TRIAL JURORS IN THE FEDERAL COURTS
The Voir Dire Examination
To begin a jury trial, a panel of prospective jurors is called into the courtroom. This panel
will include a number of persons from whom a jury will be selected to try the case. Alternate jurors
may be chosen to take the place of jurors who become ill during the trial.
The panel members are sworn to answer questions about their qualifications to sit as jurors
in the case. This questioning process is called the voir dire. This is an examination conducted by
the judge and sometimes includes participation by counsel. A deliberately untruthful answer to any
fair question could result in serious punishment to the person making it.
The voir dire examination opens with a short statement about the case. The purpose is to
inform the jurors of what the case is about and to identify the parties and their lawyers.
Questions are then asked to find out whether any individuals on the panel have any personal
interest in the case or know of any reason why they cannot render an impartial verdict. The court
also wants to know whether any member of the panel is related to or personally acquainted with the
parties, their lawyers, or the witnesses who will appear during trial. Other questions will determine
whether any panel members have a prejudice or a feeling that might influence them in rendering a
verdict. Any juror having knowledge of the case should explain this to the judge.
Parties on either side may ask that a member of the panel be excused or exempted from
service on a particular jury. These requests, or demands, are called challenges.
A person may be challenged for cause if the examination shows he or she might be
prejudiced. The judge will excuse an individual from the panel if the cause raised in the challenge is
sufficient. There is no limit to the number of challenges for cause which either party may make.
The parties also have a right to a certain number of challenges for which no cause is
necessary. These are called peremptory challenges. Each side usually has a predetermined number
of peremptory challenges. The peremptory challenge is a legal right long recognized by law as a
means of giving both sides some choice in the make-up of a jury. Jurors should clearly understand
that being eliminated from the jury panel by a peremptory challenge is no reflection upon their
ability or integrity.
In some courts the peremptory challenges are made openly in the hearing of the jury. In
others, they are made from the jury list out of the jury's sight.
The Jurors' Solemn Oath
After the voir dire is completed, the jurors selected to try the case will be sworn in. The
judge or the clerk will state to the jury:
"Members of the Jury, you will rise, hold up your right hands, and
be sworn to try this case."
The jurors then rise and hold up their right hands. The jurors face the judge or the clerk
who is to administer the oath. That official slowly, solemnly, and clearly repeats the oath. The
jurors indicate by their responses and upraised hands that they take this solemn oath.
Jurors not wishing to take an oath may request to affirm instead of swear. In some districts
the jury is sworn upon the Bible and not by uplifted hand.
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HANDBOOK FOR TRIAL JURORS IN THE FEDERAL COURTS
The Eight Stages of Trial
The trial proceeds when the jury has been sworn. There are usually eight stages of trial in
civil cases. They are:
(1) The lawyers present opening statements. Sometimes the opening statements on behalf
of one or more parties are omitted.
(2) Plaintiff calls witnesses and produces evidence to prove its case.
(3) Defendant may call witnesses and produce evidence to disprove the plaintiffs case and
to prove the defendant's claims.
(4) Plaintiff may call rebuttal witnesses to disprove what was said by the defendant's
witnesses.
(5) Closing arguments are made by the lawyer on each side.
(6) The judge instructs or charges the jury as to the law.
(7) The jury retires to deliberate.
(8) The jury reaches its verdict.
During the trial, witnesses called by either side may be cross-examined by the lawyers on the
other side.
Throughout the trial, the judge may be asked in the presence of the jury to decide questions
of law. Usually these questions concern objections to testimony that either side wants to present.
Occasionally, the judge may ask jurors to leave the courtroom briefly while the lawyers present their
legal arguments for and against such objections. The law requires that the judge decide such
questions.
A ruling by the judge does not indicate that the judge is taking sides. He or she is merely
saying, in effect, that the law does, or else does not, permit that question to be asked.
It is possible that the judge may decide every objection favorably to the plaintiff or the
defendant. That does not mean the case should be decided by the jury for the plaintiff or the
defendant. Even where the judge decides every objection favorably to the plaintiff or the defendant,
the jury should maintain its objectivity and base its verdict strictly upon the testimony and exhibits
received in evidence at trial.
The juror takes an oath to decide the case "upon the law and the evidence." The law is what
the judge declares the law to be. The evidence which you will consider consists of the testimony of
witnesses and the exhibits admitted in evidence. What evidence is proper for the jury to consider is
based upon the law of evidence.
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HANDBOOK FOR TRIAL JURORS IN THE FEDERAL COURTS
The Arguments of Counsel
After presentation of the evidence is completed, the lawyers have the opportunity to discuss
the evidence in their closing arguments. This helps the jurors recall testimony that might have
slipped their memory.
The chief purpose of the argument is to present the evidence in logical and comprehensible
order. The lawyers fit the different parts of the testimony together and connect up the facts.
It must be remembered that each attorney presents the view of the case that is most favorable
to his or her own client. Each lawyer's side appears to be right to that lawyer. Each lawyer's
statement may be balanced by the statement of the lawyers on the other side.
The Charge to the Jury
The charge of a judge to a jury in a United States District Court frequently is much more
than a statement of the rules of law. Sometimes it may contain a summary of the facts or some of
the facts.
It is the jury's duty to reach its own conclusion. This is done upon the evidence. The verdict
is reached without regard to what may be the opinion of the judge as to the facts, though as to the
law the judge's charge controls.
The judge may point out and may also explain what basic facts are in dispute, and what facts
do not actually matter in the case. In other words, the judge may try to direct the jury's attention to
the real merits of the case and impartially summarize the evidence bearing on the questions of fact.
The judge will state the law related to the facts presented to the jury.
The Jury's Verdict
In both civil and criminal cases, it is the jury's duty to decide the facts in accordance with the
principles of law laid down in the judge's charge to the jury. The decision is made on the evidence
introduced, and the jury's decision on the facts is usually final.
Courtroom Etiquette
A court session begins when the court official raps for order. Everyone in the court rises.
The judge takes his or her place on the bench, and the court official announces the opening of court.
A similar procedure is used when court adjourns.
Common courtesy and politeness are safe guides as to the way jurors should act. Of course,
no juror will be permitted to read a newspaper or magazine in the courtroom. Nor should a juror
carry on a conversation with another juror in the courtroom during the trial.
Jurors will be treated with consideration. Their comfort and convenience will be served
whenever possible. They should bring to the attention of the judge any matter affecting their service
and should notify the court of any emergencies. In the event of a personal emergency a juror may
send word to the judge through any court personnel, or may ask to see the judge privately.
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HANDBOOK FOR TRIAL JURORS IN THE FEDERAL COURTS
Conduct of the Jury during the Trial
Jurors should give close attention to the testimony. They are sworn to disregard their
prejudices and follow the court's instructions. They must render a verdict according to their best
judgment.
Each juror should keep an open mind. Human experience shows that, once persons come to
a preliminary conclusion as to a set of facts, they hesitate to change their views. Therefore, it is wise
for jurors not to even attempt to make up their mind on the facts of a case until all the evidence has
been presented to them, and they have been instructed on the law applicable to the case. Similarly,
jurors should not discuss the case even among themselves until it is finally concluded.
During the trial the jury may hear references to the rules of evidence. Some of these rules
may appear strange to a person who is not a lawyer. However, each rule has a purpose. The rules
have evolved from hundreds of years of experience in the trial of cases.
The mere fact that a lawsuit was begun is not evidence in a case. The opening and closing
statements of the lawyers are not evidence. A juror should disregard any statements made by a
lawyer in argument that have not been proved by the evidence. A juror should also disregard any
statement by a lawyer as to the law of the case if it is not in accord with the judge's instructions.
Jurors are expected to use all the experience, common sense and common knowledge they
possess. But they are not to rely on any private source of information. Thus they should be careful,
during the trial, not to discuss the case at home or elsewhere. Information that a juror gets from a
private source may be only half true, or biased or inaccurate. It may be irrelevant to the case at hand.
At any rate, it is only fair that the parties have a chance to know and comment upon all the facts that
matter in the case.
If it develops during the trial that a juror learns elsewhere of some fact about the case, he or
she should inform the court. The juror should not mention any such matter in the jury room.
Individual jurors should never inspect the scene of an accident or of any event in the case. If
an inspection is necessary, the judge will have the jurors go as a group to the scene.
Jurors must not talk about the case with others not on the jury, even their spouses or
families, and must not read about the case in the newspapers. They should avoid radio and
television broadcasts that might mention the case. The jury's verdict must be based on nothing else
but the evidence and law presented to them in court.
Breaking these rules is likely to confuse a juror. It may be hard to separate in one's mind the
court testimony and reports coming from other sources.
Jurors should not loiter in the corridors or vestibules of the courthouse. Embarrassing
contacts may occur there with persons interested in the case. If juror identification badges are
provided, they should be worn in the courthouse at all times.
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HANDBOOK FOR TRIAL JURORS IN THE FEDERAL COURTS
If any outsider attempts to talk with a juror about a case in which he or she is sitting, the
juror should do the following:
(1) Tell the person it is improper for a juror to discuss the case or receive any information
except in the courtroom.
(2) Refuse to listen if the outsider persists.
(3) Report the incident at once to the judge.
Jurors have the duty to report to the judge any improper behavior by any juror. They also
have the duty to inform the judge of any outside communication or improper conduct directed at the
jury by any person.
Jurors on a case should refrain from talking on any subject-even if it is not related to the
matter being tried--with any lawyer, witness, or party in the case. Such contact may make a new trial
necessary.
Some cases may arouse much public discussion. In that event the jury may be kept together
until the verdict is reached. This procedure is used to protect the jurors against outside influences.
In the Jury Room
In some districts the judge selects the foreperson of the jury. In other districts the jurors
elect their foreperson and in still other districts the first juror to enter the jury box becomes the
foreperson automatically. The judge will inform jurors which method is used in the district.
The foreperson presides over the jury's deliberations and must give every juror a fair
opportunity to express his or her views.
Jurors must enter the discussion with open minds. They should freely exchange views.
They should not hesitate to change their opinions if the deliberations have convinced them they were
wrong initially.
In a criminal case all jurors must agree on the verdict. This is also required in a civil case,
unless the jury is otherwise instructed by the court.
The jurors have a duty to give full consideration to the opinion of their fellow jurors. They
have an obligation to reach a verdict whenever possible. However, no juror is required to give up
any opinion which he or she is convinced is correct.
It would be dishonest for a judge to decide a case by tossing a coin. It would be just as
dishonest for a juror to do so.
The members of the jury are sworn to pass judgment on the facts in a particular case. They
have no concern beyond that case. They violate their oath if they render their decision on the basis
of the effect their verdict may have on other situations.
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HANDBOOK FOR TRIAL JURORS IN THE FEDERAL COURTS
After the Trial
After the jurors return their verdict and are dismissed by the judge, they are free to go about
their normal affairs, although in some districts jurors must check with jury office personnel to see if
their service is concluded. They are under no obligation to speak to any person about the case and
may refuse all requests for interviews or comments. Nevertheless, the court may enter an order in a
specific case that during any such interview, jurors may not give any information with respect to the
vote of any other juror.
Conclusion
To decide cases correctly, jurors must be honest and intelligent. They must have both
integrity and good judgment. The jury system is based on these attributes. The continued vitality of
the jury system depends on them.
To meet their responsibility, jurors must decide the facts and apply the law impartially. They
must not favor the rich or the poor. They must treat alike all men and women, corporations and
individuals. Justice should be rendered to all persons without regard to race, color, religion or sex.
The performance of jury service is the fulfillment of a high civic obligation. Conscientious
service brings its own reward in the satisfaction of an important task well done. There is no more
valuable work that the average citizen can perform in support of our Government than the full and
honest discharge of jury duty.
The effectiveness of the democratic system itself is largely measured by the integrity, the
intelligence, and the general quality of citizenship of the jurors who serve in our courts.
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