WHAT IS A PETIT JURY? 12 In a criminal trial, the petit jury will decide if the defendant is guilty or not guilty of the alleged crime. In a civil trial, the petit jury will decide the facts, which are in dispute. PETIT JURY-WHAT WILL HAPPEN THE FIRST DAY YOU REPORT: As a jury candidate, you are asked to stand and to swear to truthfully answer any questions about your qualifications to serve at a particular trial. If your religious beliefs forbid this, you will be permitted to “affirm” willingness to perform required duties. The judge and lawyers for both parties will ask you questions. These are intended to discover if you have any prior knowledge of the case, a private opinion, which cannot be laid aside, or a personal experience or relationships, which could make you, take sides with either party. The questions are intended to guarantee impartial jurors. Although you are qualified to serve as a juror, something might disqualify you in a particular case. The attorney for each side may challenge any prospective jurors for cause and a limited few without apparent reason. The second type is called a peremptory challenge. A challenge does not reflect on your ability or honesty. It only suggests that an attorney feels something in your personal background might make it difficult for you to decide in favor of the client. After a jury is selected to the satisfaction of both parties, the jury is given an oath. Jurors who were not seated on the case are released and subject to be summoned later in the month. 13 After a statement of contentions by both sides, first the plaintiff presents evidence to support a position and then the defendant. The plaintiff may offer additional evidence to explain or refute defendants’ evidence. Most evidence is presented by witnesses’ oral testimony while under an oath. The lawyer calls the witness and begins direct examination; then the opposing lawyer proceeds with cross-examination. After cross-examination, the first lawyer may ask more questions on redirect examination. If a witness is not available at time of trial, oral testimony taken before the trial can be admitted by “reading it into the record” by attorneys or by showing videotaped testimony. At the conclusion of the evidence and final arguments, the judge charges (instructs) the jurors as to the questions which you are to decide and the law to be applied to the evidence presented. The jury then returns to the jury room to decide the facts based on evidence presented and to apply the law as instructed by the judge to determine any other questions involved. A fair verdict is of primary importance to both parties. In Ohio, civil cases require a vote of at least three-fourths of the jury to reach a verdict. As jurors, you correctly determine facts, which are in dispute. Errors in law can be corrected by the trial judge, or by the appeals court, but a jury’s error of fact may never by corrected. You have a serious responsibility. PETIT JURORS-CRIMINAL PROCEEDINGS A criminal case involves the State as plaintiff against the defendant. The prosecuting attorney represents the state and contends that a law has been broken. The defendant contends not to have committed the offense charged. Crimes are identified in the Ohio Revised Code. Punishment is provided for the guilty. Punishment is determined by the judge. The jury may not discuss or consider the subject of punishment. Since crimes are considered to be against society as a whole, the government is responsible for enforcement. The prosecutor must prove every element of an alleged crime. A “not guilty” plea denies all the material allegations, which are listed in the indictment. Unlike civil trials in Ohio, the jury must find a defendant in a criminal trial “guilty” or “not guilty” by a unanimous vote. PETIT JURORS-WEIGHING THE EVIDENCE: Evidence consists of witness testimony, exhibits, facts agreed upon by counsel, and facts the court requires you to accept. It does not include pleadings, opening statements, attorneys’ arguments, or testimony, which has been stricken from the record. The judge is responsible for admitting evidence into the trial for your consideration. You are responsible for deciding what is to be believed. Do not speculate as to why the judge sustained, explained, or overruled an objection; nor infer probable answers from suggestions made in questions left unanswered. In evaluating testimony, apply tests of truthfulness you apply in your daily life. Witnesses need not be believed simply because they are under an oath. You may believe or disbelieve all or any part of testimony given by any witness. PETIT JURORS-CONDUCT: While a case is being tried, you may not talk about the case among yourselves, or with others, nor should you listen to outside conversations. You may not mingle with lawyers or witnesses during a recess, nor accept such favors as a ride home from witnesses, parties, or counsel. If any interested party approaches you or other jurors, immediately report this communication to the judge. Each juror must retain impartiality. After the judge gives the final instructions, the jury returns to the jury room. Your first task is to select a foreperson to conduct proceedings. In an orderly fashion, discuss issues until they are well and fairly understood. Contribute views to every question. After a free exchange of ideas, you should not hesitate to change your original opinions should you feel convinced that another view is better. The foreperson directs the taking of ballots, signs any required written verdicts, and delivers the final jury verdict to the court at the conclusion of the trial. PETIT JURORS-HOW LONG COULD YOU BE ELIGIBLE FOR JURY DUTY: Petit jurors are required to serve for a one-month period. It will NOT be continuous. On the contrary, it will be intermittent and we will attempt to limit your service to being seated in one trial during that month period. However, on occasion it may become necessary to recall you during the month if an unusual number of petit jurors are required for a case. You will be notified by the Court of the exact date and time set for your service. PETIT JURORS-EXPECTED LENGTH OF TRIAL: The average jury trial length is two to three days. However, some jury trials do last longer. (You may call the Deputy Jury Commissioner to determine how long the trial you have been summoned for may last.) PETIT JURORS-WHEN TO REPORT FOR JURY SELECTION: When a case has been set for trial, you will be mailed a summons that will assign you a date and time to report during your specified month. The summons will be mailed to you one to two weeks in advance of your assigned date and time to report. It sometimes happens that a case is settled or dismissed. It usually is not possible to set another case for trial on such short notice. As you can see, it is certainly very important that the petit jurors be informed of such changes. PETIT JURORS-WHERE TO REPORT FOR JURY DUTY: The Miami County Common Pleas Court is located on the third floor in the Safety Building, 201 W. Main Street in Troy, Ohio. When exiting the elevator, turn right and be seated in one of the blue chairs at the end of the hall. Court personnel will accompany you to the proper area. PETIT JURORS ANSWERING SERVICE-CONFIRM REPORT DATE AND TIME: For our part, we have made provisions to help you keep informed. The Court uses a recorded message to inform you, the evening before your jury service, if there has been a change in your report date or time. You only need to dial the system and listen to the message. The message will be available after 3:00 p.m. on the day before the trial is to start. If there is no message you must report as scheduled. The jurors answering service telephone number is 440-5993. You cannot receive the message from any other number.