It is important to listen carefully to all the evidence as it is presented in the courtroom. This includes both oral testimony and any exhibits or graphics that were admitted by the judge.
(It is this evidence you will be discussing during your deliberation)
The judge will provide you with the appropriate law and instructions. Concentrate on the instructions given and the explanation of the law before you are excused to deliberate. It is important to remember that your job is to decide what the facts are. The judge provides the law. Do not take anything the judge says or does as an indication of what he or she feels about the evidence. You are the sole judge of the evidence.
When both sides have rested, you will retire to deliberate with your fellow jurors to reach a unanimous decision if possible.
The first thing you should do is to choose a leader or foreperson (for the jury).
The foreperson will preside during the deliberation process and will help facilitate the discussion. The foreperson’s opinion should be given equal weight to that of the other jurors, neither more or less. His or her job is only to make sure everyone’s voice is heard as you review the evidence and then to communicate with the judge if there are questions or when there is a verdict.
Each juror should state his or her opinion on the case clearly and completely.
Keep the deliberations focused on the evidence and the law.
Jurors MUST be respectful of the other jurors’ opinions, even if you disagree with that opinion.
No harassment, bullying or forcing your point of view on others.
When you deliberate, it will be important to focus on all the evidence and not focus on some to the exclusion of other evidence
During the trial, you may want to take notes on major points and pieces of evidence. If you need clarification on any issue, or would like to review certain evidence or testimony, have the foreperson ask the bailiff. While you can refer your notes, it is important to remember that your notes are not evidence and that you should rely on your memory as well as your notes.
Apply the given law to the evidence as directed by the judge
Look at the judge’s instructions that define each count or claim and be sure to note the various elements that make up each count.
For each of these elements, review the evidence, both the exhibits and witness testimony, to see if the evidence has established each element.
If there is a lot of evidence, try listing each piece of it next to the elements to which it applies.
Discuss each charge or claim, one at a time.
Vote on each charge or claim.
When the foreperson asks for a vote (guilty or not guilty), they are asking whether the Prosecution has proved their case beyond a reasonable doubt (see definition).
Unless the evidence proves the defendant guilty beyond a reasonable doubt, he/she is entitled to an acquittal and it is your duty to find them not guilty.
On the other hand, if the elements of each count are proven beyond a reasonable doubt, then you should convict.
On each count, all jurors must unanimously agree with each other. If one or more jurors disagree, then you must acquit.
Do not be afraid to change your opinion if your fellow jurors have convinced you. On the other hand, do not change your opinion just to agree with others.
Juror’s Duties:
Keep an open mind throughout the trial.
Do not make up your mind about the verdict or any issue until after you have discussed the case with the other jurors during deliberations.
Do not let bias, sympathy, prejudice, or public opinion influence your decision.
Give the defendant and the state the same consideration you would wish if you were the defendant or the prosecutor but always keep in mind that it is the prosecutor’s burden to prove each count beyond a reasonable doubt. The defendant has no burden in our system of justice.
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