LEHIGH COUNTY JUROR'S MANUAL

COURT OF COMMON PLEAS
THIRTY-FIRST JUDICIAL DISTRICT
GAYLE M. FISHER, JURY COORDINATOR
REVISED: FEBRUARY, 1999

When our ancestors came to the United States, they brought with them the concept of trial by jury. This great privilege, which they regarded as their birthright, protected them from the oppressive power of the king and the arbitrary or partial judgment of the court. It is not surprising, then, that the Founding Fathers incorporated the concept of trial by jury into the Constitution of the United States. Article III, Section 2, and the Sixth and Seventh Amendments provide each of us with this fundamental and basic right. Accompanying this right and privilege, however, is the obligation to participate actively in the judicial process as a juror. The successful operation of the judicial system which is designed to protect the rights of each of us depends upon the willingness of men and women of sound judgment and absolute honesty and fairness to serve.

Each month approximately 2,000 prospective jurors are summoned under the direction of the Court Administrator and the Board of Judges. The selection is at random by computer from the drivers' license list.

Arriving jurors check in and are seated in the jury assembly room. After all the jurors have arrived, they are greeted by a representative of the Court Administrator's office and are given a general description of what to expect while on Jury Duty.

Following orientation, jury panels are selected for service in the various courtrooms.

Because of the nature of your duties, it is obvious that there must be a policy prohibiting consumption of alcoholic beverages before and during scheduled court hours. Therefore, do not drink while you are serving as a juror. Because this is the policy of this court, any violation of this policy may result in a juror being held in contempt of court.

Proper attire is required. You should dress the way you would for a job interview. Blue jeans, shorts and tee shirts are not suitable.

A court session begins when the court crier raps for order. Everyone in the court rises when the Judge enters and the court crier announces the opening of court. When court adjourns, a similar procedure is used.

Common courtesy and politeness are safe guides as to the way you should act. Miscellaneous reading materials such as newspapers or magazines should not be read in the courtroom. Conversations with other jurors should be avoided during the trial.

You will be treated with consideration and your comfort and convenience will be served whenever possible. You should bring to the attention of the judge any matter affecting your service and should notify the court of any emergencies. In the event of a personal emergency, you may send word to the judge through any court officer or you may ask to see the judge privately.

You should not spend your idle time in the corridors or vestibules. Embarrassing contacts may occur there with persons who may be involved in the case.

Listen closely to the testimony. Pennsylvania Supreme Court Rules prohibit note taking by jurors. Discard your prejudices. Follow the court's instructions. Render a verdict according to your best judgment. You should keep an open mind throughout the trial. Do not discuss the case before the testimony is completed and the case is submitted to you by the judge.

Human experience shows that sometimes one who expresses their views prematurely may hesitate to change them. Therefore, you are urged to withhold expressing your views until the trial judge tells you that it is appropriate for you to begin your deliberation.

During the course of a trial, the jury may hear references to the rules of evidence. Some of these rules may appear strange to non-lawyers. However, each rule has a purpose. The rules are the result of hundreds of years of experience in the trial of cases.

The opening and closing statements of the lawyers are not evidence. You should disregard any statements made by a lawyer as to the law of the case if it is not in accord with the judge's instructions.

Use the experience, common sense and common knowledge you possess. Do not, however, rely on any private sources of information. Thus, you should be careful during the trial not to discuss the case at home or elsewhere. Information received from outside sources may be inaccurate.

If during the trial you receive outside information about the case, you should inform the court immediately. Do not mention any such fact in the jury room.

You should never inspect, on your own, the scene of an accident or of any event in the case. If an inspection is necessary, the judge will arrange for the jurors to go to the scene as a group.

You must not talk about the case with others on the jury and must not read about the case in the newspapers. You should avoid radio and television broadcasts that might mention the case since the jury's verdict must be based only on the evidence.

If any outsider attempts to talk with you about a case in which you are serving as a member of the jury, you 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.	Immediately report the incident to the judge.

You should refrain from talking on any subject with any lawyer, witness, or party in the case. Such a contact may make a new trial necessary.

Some cases, such as those involving a homicide, may arouse much public discussion. It is sometimes necessary to keep the jury separate from other parties involved in the case until the verdict is reached. This procedure is called "sequestration" and is used to protect the jurors against outside influences.

In Lehigh County the jurors elect the foreperson of the jury. The foreperson is the one who will preside over the jury's deliberations and should afford every juror a fair opportunity to express their views.

Enter the discussion with an open mind and freely exchange your views.

You have a duty to give full consideration to the opinion of your fellow jurors. You should try to reach a verdict whenever possible. In civil cases agreements of ten (10) of the twelve (12) jurors is required for a verdict. In criminal cases all of the jurors must agree to the verdict, that is, the jury's verdict must be unanimous.

The members of the jury are sworn to pass judgment on the facts in a particular case.

What occurs in the jury room may remain secret. You may decline to answer questions asked by any lawyer or any other person relating to a case or your deliberations as jurors in a case on which you have served. In the interest of justice, however, a judge may order you to reveal information deemed appropriate.

You have the duty to report to the judge any improper behavior by any juror and the duty to inform the judge of any outside communication or improper conduct by any person directed at the jury.

The following explanations relate to some of the more frequently used terms and are general in character. In each case you will be given instructions by the trial judge in the law and technical terms. You will follow those instructions.

Action:	The term is often used to refer to a lawsuit. "He/She has started an action against the defendant".
Act of the Legislature:	This is a term applied to a law or statute passed by the General Assembly of Pennsylvania, commonly referred to as "The Legislature"
Answer:	The defendant's written response, under oath, setting forth the facts upon which he/she relies to deny the claim of the plaintiff in a civil case.
Assumpsit:	Civil lawsuits, or actions which arise out of contracts written or oral, express or implied, are called actions in assumpsit.
Bar, The:	This is a collective term for the lawyers who have been admitted to practice law.
Bench, The:	This is the term by which the judges have been collectively referred to for centuries.
Charge of the Court:	Instructions given by the judge to the jury on the law applicable to a particular case.
Complaint:	The plaintiff's written statement, under oath, setting forth his/her claim against the defendant in a civil case.
Court Crier:	Officer of the Court whose function it is to open and adjourn court and to assist the judge, jurors, and attorneys in keeping the trials functioning smoothly.
Court Reporter:	This is the person who makes a complete stenographic record of all that transpires at the trial.
Defendant:	In a civil case it is the individual, corporation or partnership against whom a suit is brought; in a criminal case it is the person charged with the commission of a crime.
Exhibit:	This is a written document or other object, which after having been properly marked for identification, is admitted in evidence.
Hearsay:	Testimony by a witness who relates, not what he/she knows personally, but what others have told him/her or what he/she has heard said by others. Generally such testimony is not admissible in evidence although there are numerous exceptions to this general rule.
Juror, Withdrawal of:	This is technical language to indicate the termination of a trial once a jury is sworn but before a verdict is rendered.
Motion:	Counsel's formal request to the Court.
Objection:	Law suits are tried according to long established and some-times technical rules concerning the evidence which may be considered by the jury and the statements which may be made by the attorneys. If an attorney thinks these rules are not being observed he/she may properly "object". The judge will then either "sustain" the objection if he/she agrees that it is correct, or "overrule" the objections if he/she does not. Such rulings are not to be taken as any indication by the trial judge that either party is entitled to prevail over the law suit.
Plaintiff:	The individual, partnership or corporation who institutes a civil lawsuit.
Points:	Principles or rules of law as applied to the particular case being tried which are given to the jury by the trial judge at the request of counsel to aid the jury in reaching a verdict.
Sidebar Conference:	A conference held by counsel and the trial judge out of the hearing of the jury. Jurors should not be disturbed about these conferences. Often they concern procedure for shortening the trial.
Stipulation:	Frequently counsel for the parties agree on certain facts or issues which need not therefore be proven. So that the record may be complete, a stipulation or written agreement is filed or an oral stipulation is dictated to the court reporter.
Suit:	This is a term frequently used to refer to a civil action before the Court.
Tipstaff:	Officer of the Court whose function is to keep order in the courtroom and assist the judge, jurors, and attorneys in keeping the trials functioning smoothly.
Trespass:	Although this word is popularly understood to refer to the conduct of one who goes upon the land of another without invitation, legally it is also the term used for a legal action brought against another to recover damages for an alleged unlawful or negligent act.
View:	In some cases the Court will direct that the trial jury be taken to view the property involved in the case or to see the scene of an accident or some object which is impossible to move into the courtroom.

The effectiveness of the jury system depends upon your willingness to serve as well as your honesty, integrity and judgment.

To meet your responsibility, you are expected to decide the facts and apply the law fairly and impartially.

The performance of jury service is the fulfillment of a civic obligation. Conscientious service brings its own reward in the satisfaction of an important task well done. There is no more valuable contribution a citizen performs than that of being a juror. Equally important, we hope that your service as a juror will provide you with greater insight and appreciation for all that is involved in the administration of justice.

The Board of Judges expresses its appreciation to you for your service.

Other Juror Information:

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