Called for Jury Duty - Fully Informed Jury Association

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Called for
Jury Duty?
Some facts you should know before
you go...
FIJA: Our Mission
Our mission is to inform all Americans about their
rights, authority, and responsibilities when serving
as trial jurors.
Jurors must know that they have the authority, the
right, and the duty to render a verdict based on
their conscience and sense of justice, as well as on
the facts and the merits of the law. Jurors must
think for themselves, and not allow others to direct
their verdict.
The historical, true, and primary function of
each juror is to protect the people on trial
from tyrannical prosecutions and bad laws
unfairly imposed by power-hungry
politicians or bureaucrats.
Why are Jurors Important?
• Protect society from dangerous individuals and protect
individuals from dangerous, ambitious government
employees
• Protect people from unjust prosecutions, government
tyranny, and government mistakes
• Have the duty and the authority to render a just verdict
• Have an absolute right to veto bad laws and refuse to
convict anyone tried under those bad laws
• Cannot be punished for their verdict and cannot be
required to give a reason for their verdict
Note: The principle of jury authority applies equally in criminal and civil cases
“The judge cannot direct a verdict it is
true, and the jury has the power to
bring in a verdict in the teeth of both
law and facts.”
Justice Oliver Wendell Holmes
Horning v. District of Columbia
249 U.S. 596, 1920
“I consider trial by jury as the only
anchor yet imagined by man by
which a government can be held to
the principles of its constitution.”
Thomas Jefferson to Thomas Paine
1789, ME 7:408, Papers 15:269.
What are
Your Rights
and Duties as
a Juror?
Your Rights as a Juror
When You are Called for Jury Duty
 You have the right to be treated with courtesy, respect, and
honesty by all court officials and all other government
employees.
 You have the right to have your privacy respected and
protected.
 You have the right to ask questions of the judge and lawyers
during the selection process.
 You have the right to question everything that you do not
understand or that appears to be incorrect in the instructions
and jury selection process.
 You have the right to do your own independent research on
the authority and rights ─ as well as the duties ─ of jurors
Your Duties as a Juror
Appear for jury duty when you are called
Your participation and your verdict
will have an impact on the life of the
defendant and on all of your
community. Your most powerful
vote is your veto vote as a juror when
you vote against bad laws by
refusing to convict.
Your Rights as a Juror
• Your have the right to vote your conscience, even if you
are the only one who believes in your verdict
• You have the right to have others listen respectfully to
you as a fellow juror
• You have the right to not give in to pressure from other
jurors or the judge
• You have the right to render a just verdict, according to
your own conscience and thinking
• You have the right to see and hear all the evidence from
all sources and witnesses
• You have the right to give no reason for your verdict
• You have the right to never be punished for your verdict
Your Duties as a Juror
• Pay attention to all witnesses and evidence
• Listen respectfully to fellow jurors
• Render a just verdict, according to your own
independent conscience and thinking
• Vote your conscience, even if you are the only
juror who believes in your verdict
• Do not give in to pressure from other jurors or
the judge to change your verdict
• Respect the privacy of the jury deliberation room
“One may ask: "How can you advocate breaking
some laws and obeying others?" The answer
lies in the fact that there [are] two types of
laws: just and unjust… One has not only a
legal but a moral responsibility to obey just
laws. Conversely, one has a moral
responsibility to disobey unjust laws. I would
agree with St. Augustine that ‘an unjust law is
no law at all.’ ”
Martin Luther King, Jr.
"Letter from Birmingham Jail”
Why We Can't Wait, April 16, 1963
Rendering a Just Verdict
Take into account…
•Every defendant is innocent until proven guilty
•The facts of the case
•The credibility of witnesses and evidence
•That the judge may suppress important evidence to help
get a conviction or for some other reason
• Any mitigating circumstances
•That the prosecutor may stack charges, and you cannot
compromise by agreeing to one charge if you think that “not
guilty” is the right verdict for all of the charges
•The fairness of the law, and the application of the law in
this particular case and this trial
Jurors are Representatives of the People
They hold no personal or political agenda, and must
work as a team to determine the outcome of the case
They have no stake in the trial outcome, but must
remember to render justice in every case
Jurors serve as the conscience of the community, but must
rely on their individual conscience to render a verdict, and
must think for themselves
Jurors must remember that they, themselves, may be on
trial someday, and would want jurors who are independent,
who want justice, and who will not cave in to peer or
government employee pressures
Jurors are Representatives of the People
•Jurors may be the only objective people in the
courtroom, without a career to build, a case to win, or
political ambitions to advance
•Jurors serve as a check and balance on all branches of
government: those who make the laws, those who
enforce the laws, and those who serve the laws
•Jurors are the last peaceful defense of our rights against
power-hungry politicians, bureaucrats, and government
employees who may ignore the Constitution to enforce
flawed, lesser laws and statutes
“It is not only (the juror's) right, but
his duty... to find the verdict
according to his own best
understanding, judgment, and
conscience, even though in direct
opposition to the direction of the
court.”
John Adams
1771 2 Life and Works of John Adams
253-255 C.F. Adams ed. 1856
What Does FIJA/AJI Do?
•Maintains an educational website at www.fija.org
•Publishes educational literature, essays, other
material, commentaries, CDs, and DVDs, all
available through the Media Catalog at www.fija.org
•Presents Amicus briefs when the authority,
composition, or instructions for the jury are at issue
•Provides interviews to media
•Provides speakers and literature for meetings,
clubs, seminars, classrooms, and other events
How Can I Get More Information?
•Call 1-800-TEL-JURY for a free information packet
•Visit our website: www.fija.org
•Send a note
–P.O. Box 5570, Helena MT, 59604
–Email: aji@fija.org
•Contact your local representative
www.fija.org/state-contacts/
What Can I Do to Help?
• Appear for jury duty when you are called
• Learn more about the rights and role of jurors
• Share FIJA information with friends and
neighbors
• Volunteer for jury education projects in your
neighborhood, state, and community
• Spread the word about FIJA at every
opportunity
• Support FIJA with your contribution
What Can I Do to Help?
Mail your contributions to:
FIJA/AJI
PO Box 5570
Helena, MT 59604
Contribute online through our secure site:
www.fija.org/support-fija/
The Authority of
the Juror is the
Right that Protects
all Other Rights
The Fully Informed Jury Association and American Jury Institute (FIJA/AJI) is a nonpartisan public
policy research and education organization located in Helena, Montana. FIJA/AJI focuses on issues
involving the role of the jury in our justice system and the preservation of the full function of the jury
as the final arbiter in our courts of law. The FIJA/AJI mission is to inform all Americans about their
rights, authority, and responsibilities when serving as trial
jurors. Jurors have both the authority and the obligation to render a verdict based on conscience, and
retain the right to nullify bad law and misapplied laws. FIJA/AJI works to restore the political function
of the jury as the final check and balance on our American system of government.
To ensure public understanding of the power and function of the jury, FIJA/AJI hosts conferences and
educational seminars. FIJA/AJI publishes an extensive variety of educational and research literature,
and answers queries from the public, scholars and legal professionals. As well, FIJA/AJI officers are
often featured speakers and guest commentators in the press, where they discuss cases in which jury
selection, information, or jury instructions had a significant role in the outcome of the case.
To maintain its independence, FIJA/AJI accepts no government funding. FIJA/AJI programs and
publications are possible because of generous contributions received from individual donors,
foundations, and corporations. FIJA/AJI generates revenue through seminar fees and the sale of
FIJA/AJI publications and materials. FIJA/AJI is a public policy nonprofit, tax-exempt educational
foundation under Section 501 (c)(3) of the Internal Revenue Code.
Fully Informed Jury
Association
and
American Jury Institute
1-800-TEL-JURY
www.fija.org
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