MORE ABOUT JURY SERVICE

 

By State Representative Don Humason, Jr.

August 30, 2008



Happy Labor Day weekend!  School is back in session in Westfield, and the college kids will return to Westfield State starting Monday.  Looks like summer is unofficially over.

 I got a great response from readers last week to my column about my jury duty service.  Seems like a lot of you have either had it, wanted it, or hated it. 

 There were a bunch of questions from people about jury duty that I couldn’t answer so I went to the Massachusetts Office of the Jury Commissioner website and copied a sampling of the Q&A’s about juror service, for your information.

Q. How long must I serve as a juror?

A. Your juror service will be as short as possible. If you are seated on a jury at the end of your first day, you must complete that trial. Most trials do not last longer than two or three days. If you are not seated on a trial at the end of your first day, you will be discharged at that time unless a judge orders otherwise. It is unusual for a juror to serve more than three days.

Q. Will my employer pay me while I am serving on a jury?

A. The law requires that each regularly employed juror shall be paid regular wages by the employer for the first three days, or part thereof, of juror service. Regular employment shall include part-time, temporary, and casual employment. If you are on the jury for more than the three days, the state will pay you $50 per day after the third day.

Q. What is the likelihood that I will actually be impanelled on a jury?

A. The overall probability is about fifty percent. However, it varies considerably from day to day. On some days, there is a high demand for jurors. Jurors not impanelled on their first trip to the courtroom may be sent to a second courtroom for possible impanelling. On other days, there is a low demand for jurors. This happens because more cases than expected are settled or are resolved without a jury or because ongoing cases last longer than expected.

Q. How was I selected for juror service?

A. You were selected at random by a computer from population lists. Each year, each city and town compiles a list of all of its residents. Jurors are selected from these lists. Some people think that if they do not register to vote they will not be selected as a juror. This is wrong. Any person who is a resident of a city or town (and who meets certain other basic requirements such as being over eighteen years of age and able to speak and understand the English language) may be selected as a juror, even if not registered to vote.

Q. Are many people excused from serving on a jury?

A. No. Juror service is a civic duty which every citizen must perform. Doctors, nurses, lawyers, clergy, homemakers, legislators, police, firefighters, public officials, executives, laborers, teachers, students, and judges must serve. Your fellow jurors will be men and women, young and old, rich and poor - from different ethnic origins and religious backgrounds. The law has no class exemptions. Judges excuse some people based on individual incapacity.

Q. Why is a jury required? Why does the court need juries to decide cases?

A. In our society, the government has limited powers over the people. Citizens from all walks of life participate every day in the administration of justice through the jury system. When the court impanels a jury, the court is carrying out the instructions of the Constitution. When you serve as a juror, you are exercising one of the rights that the people have reserved for themselves. Many injustices have been suffered by people in other countries when a king or dictator has had absolute power over the people. In this country, a citizen cannot be convicted by the government of a serious crime unless a jury, representing the people, consents with its verdict. This is why the right to a jury trial is a sacred right of our people. This is why it is a duty for every citizen to serve and to represent the people on a jury when selected for that purpose.

Q. How is the foreperson of the jury selected?

A. The trial judge selects the foreperson immediately after the jury has been impanelled. The foreperson is a discussion-leader of the jury during its deliberations. It is similar to being the chairperson of a committee or moderator of a group. The foreperson should encourage a full and free exchange of comments, observations, and opinions from all members of the jury. The foreperson should ensure that only one person speaks at a time, that every person has an opportunity to express views, and that no person monopolizes the deliberations. The foreperson also has the responsibility for communicating requests or questions on behalf of the jury to the judge and to report the jury's verdict to the clerk and judge in the courtroom. The foreperson should express opinions during deliberations, but these opinions are entitled to no more or less weight than those of other jurors.

Q. What are the most important qualifications of a juror?

A. The most important qualifications of a juror are fairness and impartiality. The juror must be led by intelligence, not by emotions must put aside all bias and prejudice must decide the facts and apply the law impartially. The juror must treat with equal fairness the rich and poor, the old and the young, men and women, corporations and individuals, government and citizens, and must render justice without any regard for race, color, or creed.

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