The Jury - Our Final Safeguard

"In our system of checks and balances, the jury is our final check and our last safeguard against unjust laws and tyranny." —American Jury Institute

Contents:

A Jury's Rights, Powers, and Duties
Civil Trials and the Jury
The Jury Selection Process: The Call to Jury Duty
The Jury Experience—Do I want it?
Your Regular Job and Compensation
The Trial: Selection of the 12 Jurors
Expectations of Jurors during the Trial
Reaching a Verdict

Twelve people sit on a jury reviewing the facts of a case and the laws. These twelve votes count like no others in the United States.

Twelve jurors can determine whether or not a multi-billion dollar corporation should be held accountable for its products, services, or workplaces. Their decision can have a domino effect, causing laws to change and dangerous products to be taken off the market. These products include everything from cars and trucks to children's toys to prescription drugs. All because of 12 jurors' votes.

The principle of a Common Law Jury was recognized on June 15, 1215 at Runnymede, England, when King John signed the Magna Carta, or Great Charter of Freedoms. It is a basis for our constitutional system of justice. A right to a jury of our peers is clearly spelled out in 2 of the first 10 amendments in the Constitution of the United States -- the Bill of Rights.

A Jury's Rights, Powers, and Duties

"In an American courtroom there are in a sense 12 judges in attendance, not just one. Jurors are there with the power to review the law as well as the facts. Actually, the judge is there to conduct the proceedings in an orderly fashion and maintain the safety of all parties involved."—A Citizens Guide to Jury Duty

Members of a jury sit as judges of their peers. Juries can take as long as they want to decide a case. They discuss the case. Jurors should never feel that they must agree with the majority. As as a qualified judge, each must see that justice is done, and be secure in the knowledge that they have voted their conscience and convictions, not those of someone else.

Because of the power that a jury has, nine of twelve jurors must agree on the decision in most Oregon civil cases. (In a criminal case, and in federal cases, the vote must be unanimous).

Civil Trials and the Jury

In a civil case, such as a personal injury case, either side may request a jury trial. However, only about 2 percent of all civil cases in Oregon go to a jury. Most cases are settled outside of court, and some are tried by a judge.

It is not uncommon for a case to be settled minutes just before the trial begins. Most jury trials do not last more than a few days. On the other hand, a complex trial that involves many witnesses may last for several weeks. Lengthy trials are rare in Oregon, and prospective jurors are generally advised of the expected length of the trial before they are actually selected.

The Jury Selection Process: The Call to Jury Duty

In Oregon, a group of potential jurors is randomly selected from property tax records and voter registration lists. In some courts, drivers license records may also be used. Potential jurors must be:

a resident of the geographical area served by that particular court,
at least 18 years of age, and
for criminal cases, never have been convicted of certain crimes.

Beyond that, every adult is given the opportunity to be a juror, regardless of age, race, color, creed, or occupation.

A person may submit a written request for a postponement, disqualification, or excuse from jury duty. While inconvenience to a prospective juror or an employer is not a legal reason to be excused from jury service, it will be considered for a one time postponement. There are no "permanent" excuses from jury service (except as allowed by statute).

In some Oregon courts, if a person is not placed on a jury on the day they appear for service, their service is over until the next time they are called. If they actually serve on a jury on the day they are called, they continue to serve until the case is completed, at which time their service for that term is also completed.

The Jury Experience—Do I want it?

Few people ever have to go to court as plaintiffs or defendants, but when they do, they want good, honest people to listen to the evidence and decide cases fairly. Many people are apprehensive about being called for jury duty.

They may think that their time will be wasted or that the experience will be negative. However, when asked, the majority of jurors said:

the experience was positive,
they learned a great deal about the legal system as well as about the particular case, and
there was satisfaction in knowing they had contributed to our system of justice.

Jurors are treated courteously and professionally by court officials, who know how important jurors are to the task of achieving fair and just results for those who come before the court.

Next time you are called for jury duty, ask yourself who you would want to have on your jury. And what if they made an excuse not to serve?

Your Regular Job and Compensation

Under Oregon state law, an employer cannot "discharge or threaten to discharge, intimidate, or coerce any employee by reason of the employee's service or scheduled service as a juror on a grand jury, trial jury, or jury of inquest."

Jurors are compensated modestly for their time. The amount varies depending on the court and the case. Mileage and parking are sometimes also covered.

The Trial: Selection of 12 Jurors for Trial

For some Oregon courts, a potential juror can call a recorded message the evening before the day of service to confirm the need for or the cancellation of the appearance, or request a call back at a later time.

For those who must appear, some are sent to each courtroom; the number depends on the expected needs of each case. The judge puts the potential jurors under oath and permits the jury selection process to begin.

Potential jurors are asked questions. In most Oregon state courts, the judge asks some preliminary questions, then allows the attorneys to question the prospective jurors. In Oregon federal courts, the judge generally asks the questions.

Jurors are questioned to ensure that they will be fair and impartial, and to reveal possible biases they may have or information that may affect their decision. Some potential jurors may be dismissed if the judge believes there is a good, strong reason for doing so. The court also wants to make sure jurors willl available for the entire trial.

Each attorney wants jurors who would be more sympathetic to their client's case, and to avoid jurors who may be unfavorable to their side. For that reason, each side's attorney is allowed to remove some potential jurors without stating a reason. Attorneys use these "peremptory challenges" to remove jurors who, they suspect, will be unsympathetic to their client's case due to their backgrounds, attitudes, or beliefs. Because the attorneys for both sides can remove potentially biased or unsympathetic jurors, the result is, in theory, a fair, reasonably balanced, and more impartial jury.

At the end of jury selection, there will typically be twleve jurors, plus sometimes one or more alternates. (Smaller juries are used in Oregon federal courts).

Expectations of Jurors During the Trial

At the beginning of the trial, the selected jurors take an oath or affirm that they will "well and truly" try the particular case for which they have been chosen. They will be instructed that they are to wait until all the evidence has been heard before making up their minds, and that they are to follow all of the judge's instructions as to the law and procedures in arriving at a verdict.

Other rules include that jurors:

must do their best to determine the credibility of each witness.
are not permitted to discuss the case among themselves or with anyone else until all the evidence has been presented, the attorneys have made their closing arguments, and the judge has instructed the jurors about the law that applies to the case.
may not do any independent investigation of the matters involved in the case.
may not discuss the case with anyone outside the courtroom until after they have deliberated in the jury room and arrived at a verdict.

In most Oregon state courts, jurors are encouraged to take notes. Persons with hearing disabilities should be provided assistive devices by the court staff. Some judges may allow some written questions by jurors.

Reaching a Verdict

After the attorneys have presented their evidence and usually after they have made their closing arguments, the judge instructs the jurors about the laws that apply to the case. Jurors must decide cases based on the laws as they are and not as the jurors might like them to be. Judges usually provide written instructions on the law that jurors may take with them and refer to during deliberations.

After all closing arguments and instructions on the law, the jury goes to the deliberation room to consider the case and reach a verdict. The jury first elects a foreperson who sees to it that discussions are conducted in a logical and orderly fashion, that all issues are fully and fairly discussed, and that every juror is given a fair chance to participate. If the jurors have a question during their deliberation, they may write it down and ask the bailiff to deliver it to the judge.

When a verdict has been reached, the presiding juror signs the verdict form and notifies the bailiff. The verdict is read in open court. If one side has a question about the vote, the judge may poll the jurors to make sure that there was the proper number of votes on each question on the verdict form. Afterwards, the judge dismisses the jurors.

After a verdict is reached, as during the trial itself, attorneys are prohibited from contacting jurors.

Eugene Oregon Personal Injury Attorneys • Corson & Johnson Law Firm, Don Corson and Lara Johnson, 101 East Broadway Suite 303, Eugene, Oregon 97401 • phone: 541/484-2525, fax: 541/484-2929
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	The Jury - Our Final Safeguard "In our system of checks and balances, the jury is our final check and our last safeguard against unjust laws and tyranny." —American Jury Institute Contents: A Jury's Rights, Powers, and Duties Civil Trials and the Jury The Jury Selection Process: The Call to Jury Duty The Jury Experience—Do I want it? Your Regular Job and Compensation The Trial: Selection of the 12 Jurors Expectations of Jurors during the Trial Reaching a Verdict Twelve people sit on a jury reviewing the facts of a case and the laws. These twelve votes count like no others in the United States. Twelve jurors can determine whether or not a multi-billion dollar corporation should be held accountable for its products, services, or workplaces. Their decision can have a domino effect, causing laws to change and dangerous products to be taken off the market. These products include everything from cars and trucks to children's toys to prescription drugs. All because of 12 jurors' votes. The principle of a Common Law Jury was recognized on June 15, 1215 at Runnymede, England, when King John signed the Magna Carta, or Great Charter of Freedoms. It is a basis for our constitutional system of justice. A right to a jury of our peers is clearly spelled out in 2 of the first 10 amendments in the Constitution of the United States -- the Bill of Rights. A Jury's Rights, Powers, and Duties "In an American courtroom there are in a sense 12 judges in attendance, not just one. Jurors are there with the power to review the law as well as the facts. Actually, the judge is there to conduct the proceedings in an orderly fashion and maintain the safety of all parties involved."—A Citizens Guide to Jury Duty Members of a jury sit as judges of their peers. Juries can take as long as they want to decide a case. They discuss the case. Jurors should never feel that they must agree with the majority. As as a qualified judge, each must see that justice is done, and be secure in the knowledge that they have voted their conscience and convictions, not those of someone else. Because of the power that a jury has, nine of twelve jurors must agree on the decision in most Oregon civil cases. (In a criminal case, and in federal cases, the vote must be unanimous). Civil Trials and the Jury In a civil case, such as a personal injury case, either side may request a jury trial. However, only about 2 percent of all civil cases in Oregon go to a jury. Most cases are settled outside of court, and some are tried by a judge. It is not uncommon for a case to be settled minutes just before the trial begins. Most jury trials do not last more than a few days. On the other hand, a complex trial that involves many witnesses may last for several weeks. Lengthy trials are rare in Oregon, and prospective jurors are generally advised of the expected length of the trial before they are actually selected. The Jury Selection Process: The Call to Jury Duty In Oregon, a group of potential jurors is randomly selected from property tax records and voter registration lists. In some courts, drivers license records may also be used. Potential jurors must be: a resident of the geographical area served by that particular court, at least 18 years of age, and for criminal cases, never have been convicted of certain crimes. Beyond that, every adult is given the opportunity to be a juror, regardless of age, race, color, creed, or occupation. A person may submit a written request for a postponement, disqualification, or excuse from jury duty. While inconvenience to a prospective juror or an employer is not a legal reason to be excused from jury service, it will be considered for a one time postponement. There are no "permanent" excuses from jury service (except as allowed by statute). In some Oregon courts, if a person is not placed on a jury on the day they appear for service, their service is over until the next time they are called. If they actually serve on a jury on the day they are called, they continue to serve until the case is completed, at which time their service for that term is also completed. The Jury Experience—Do I want it? Few people ever have to go to court as plaintiffs or defendants, but when they do, they want good, honest people to listen to the evidence and decide cases fairly. Many people are apprehensive about being called for jury duty. They may think that their time will be wasted or that the experience will be negative. However, when asked, the majority of jurors said: the experience was positive, they learned a great deal about the legal system as well as about the particular case, and there was satisfaction in knowing they had contributed to our system of justice. Jurors are treated courteously and professionally by court officials, who know how important jurors are to the task of achieving fair and just results for those who come before the court. Next time you are called for jury duty, ask yourself who you would want to have on your jury. And what if they made an excuse not to serve? Your Regular Job and Compensation Under Oregon state law, an employer cannot "discharge or threaten to discharge, intimidate, or coerce any employee by reason of the employee's service or scheduled service as a juror on a grand jury, trial jury, or jury of inquest." Jurors are compensated modestly for their time. The amount varies depending on the court and the case. Mileage and parking are sometimes also covered. The Trial: Selection of 12 Jurors for Trial For some Oregon courts, a potential juror can call a recorded message the evening before the day of service to confirm the need for or the cancellation of the appearance, or request a call back at a later time. For those who must appear, some are sent to each courtroom; the number depends on the expected needs of each case. The judge puts the potential jurors under oath and permits the jury selection process to begin. Potential jurors are asked questions. In most Oregon state courts, the judge asks some preliminary questions, then allows the attorneys to question the prospective jurors. In Oregon federal courts, the judge generally asks the questions. Jurors are questioned to ensure that they will be fair and impartial, and to reveal possible biases they may have or information that may affect their decision. Some potential jurors may be dismissed if the judge believes there is a good, strong reason for doing so. The court also wants to make sure jurors willl available for the entire trial. Each attorney wants jurors who would be more sympathetic to their client's case, and to avoid jurors who may be unfavorable to their side. For that reason, each side's attorney is allowed to remove some potential jurors without stating a reason. Attorneys use these "peremptory challenges" to remove jurors who, they suspect, will be unsympathetic to their client's case due to their backgrounds, attitudes, or beliefs. Because the attorneys for both sides can remove potentially biased or unsympathetic jurors, the result is, in theory, a fair, reasonably balanced, and more impartial jury. At the end of jury selection, there will typically be twleve jurors, plus sometimes one or more alternates. (Smaller juries are used in Oregon federal courts). Expectations of Jurors During the Trial At the beginning of the trial, the selected jurors take an oath or affirm that they will "well and truly" try the particular case for which they have been chosen. They will be instructed that they are to wait until all the evidence has been heard before making up their minds, and that they are to follow all of the judge's instructions as to the law and procedures in arriving at a verdict. Other rules include that jurors: must do their best to determine the credibility of each witness. are not permitted to discuss the case among themselves or with anyone else until all the evidence has been presented, the attorneys have made their closing arguments, and the judge has instructed the jurors about the law that applies to the case. may not do any independent investigation of the matters involved in the case. may not discuss the case with anyone outside the courtroom until after they have deliberated in the jury room and arrived at a verdict. In most Oregon state courts, jurors are encouraged to take notes. Persons with hearing disabilities should be provided assistive devices by the court staff. Some judges may allow some written questions by jurors. Reaching a Verdict After the attorneys have presented their evidence and usually after they have made their closing arguments, the judge instructs the jurors about the laws that apply to the case. Jurors must decide cases based on the laws as they are and not as the jurors might like them to be. Judges usually provide written instructions on the law that jurors may take with them and refer to during deliberations. After all closing arguments and instructions on the law, the jury goes to the deliberation room to consider the case and reach a verdict. The jury first elects a foreperson who sees to it that discussions are conducted in a logical and orderly fashion, that all issues are fully and fairly discussed, and that every juror is given a fair chance to participate. If the jurors have a question during their deliberation, they may write it down and ask the bailiff to deliver it to the judge. When a verdict has been reached, the presiding juror signs the verdict form and notifies the bailiff. The verdict is read in open court. If one side has a question about the vote, the judge may poll the jurors to make sure that there was the proper number of votes on each question on the verdict form. Afterwards, the judge dismisses the jurors. After a verdict is reached, as during the trial itself, attorneys are prohibited from contacting jurors. A Commentary on the Jury System: "I consider trial by jury as the only anchor yet devised by man, by which a government can be held to the principles of its constitution." —Thomas Jefferson Our Legal System Should Be Justice for All What happens when injuries, or even death, are caused by a defective product, service, or hazardous situation? Justice should uphold the rights of injured people and their families. Since our legal system is complicated, most individuals cannot go through it by themselves and hire an attorney. Our system allows people to hire attorneys to work on a contingent fee basis, which means the attorneys are paid only if the case is successful. If people had to pay hourly rates or put a large sum of money upfront, only the wealthy would be able to hire an attorney. Legal Pendulum Favors Corporations Unfortunately today, many legitimate cases are not being heard, because attorneys and injured people are prevented from taking the risk.. Special interests push so-called 'tort reform' laws with the misleading claim that they will keep frivolous claims out of the court system. However, they actually often keep valid cases out of the system, and do nothing to improve access to justice or the efficiency of our civil justice system.
	The Corson & Johnson Law Firm serves clients throughout Oregon, including Eugene, Portland, Brownsville, Springfield, Hood River, Brookings, Corvallis, Salem, Redmond, Roseburg, Medford, Klamath Falls, Myrtle Creek, Bend, Albany, Creswell, Ashland, Central Point, Grants Pass, Junction City, Florence, Tigard, Cottage Grove, Coos Bay, North Bend, Newport, Oregon City, Hillsboro, Gresham, Beaverton. Benton County • Clackamas County • Coos County • Crook County • Deschutes County • Douglas County • Jackson County • Jefferson County • Josephine County • Klamath County • Lane County • Lincoln County • Linn County • Marion County • Multnomah County • Polk County • Tillamook County • Washington County The Corson & Johnson Law Firm does not offer any guarantee of case results. Past success in litigation does not guarantee success in any new or future civil action. Our web site describes some of the cases that Don Corson or The Corson & Johnson Law Firm has worked on in the past. Our description of those cases is summary in nature. The results obtained in each of the cases depended on the particular facts of each case. The results of other cases will differ based on the different facts involved. FULL DISCLAIMER