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Texas Uniform
Jury Handbook
As authorized
by Chapter 23 of the Government Code
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Why Is Jury
Service Important?
The United States Constitution and the Texas Constitution guarantee all
people, regardless of race, religion, sex, national origin, or economic
status, the right to trial by an impaired jury. Justice ultimately
depends to a large measure upon the quality of the jurors who serve in our
courts.
What Is My Duty As A Juror?
As a juror, you must be fair and impartial. Your actions and
decisions must be free of any bias or prejudice. Your actions and
decisions are the foundation of our judicial system.
How Was I Selected?
You were selected at random from a list of voter registrations and a list
of driver registrations from the county in which you live.
Am I Eligible?
Jurors must:
- Be a Citizen of the
United States and of this State;
- Be at least 18 years of
age;
- Reside in the county of
jury service;
- Be able to read and
write;
- Be of sound mind;
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You cannot serve on a jury if:
- You have been convicted
of a felony or of any type of theft (unless rights have been
restored);
- You are now on
probation or deferred adjudication for a felony or for any
type of theft; or
- You are now under
indictment for a felony or are now under criminal charges for
any type of theft;
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If you are in doubt, or think
you may not be qualified to serve on a jury for one of the above or
any other reasons, please notify the judge.
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Who
Can Be Excused From Jury Service?
You are
entitled to be excused as a juror if you:
- Are over 70 years of
age;
- Have legal custody of a
child under 10 years of age and jury service would leave the
child unsupervised;
- Are a student in class;
- Are the caretaker of a
person who is unable to care for themselves (an invalid); or
- Can show a physical or
mental impairment or an inability to comprehend or communicate
in English.
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What
Are The Different Types Of Cases?
There are
two basic types of cases, criminal and civil (including family cases).
Criminal Case
A criminal case results when a person is accused of committing a
crime. You, as a juror, must decide whether the person charged is
guilty, or not guilty. The accused person is presumed innocent,
and the State, represented by the District or County Attorney, must
prove guilty "beyond a reasonable doubt."
Civil Case
A civil case results from a disagreement or dispute between two or more
parties. In a civil case, you, as a juror, must answer questions
of disputed facts based upon the testimony and evidence admitted by the
judge. The answers to these questions are called the
verdict.
Will I Be
Paid For Being A Juror?
Yes. You will be paid a minimum of $6.00 for each day you actually
serve on the jury.
Must My Employer
Pay Me While I am On Jury Duty?
Your employer is not required to pay you while on jury duty;
however, employers are prohibited by law from firing an employee for
serving as a juror.
Who Can Have
A Jury Trial?
Any person charged with a criminal offense or any party to a civil case
has a right to a jury trial. All parties are equal before the law
and each is entitled to the same fair treatment.
Are There
Rules About Jury Conduct?
Yes. The Texas Supreme Court has rules to assist you in your
conduct as a juror, which will be given to you by the judge.
How Is A
Juror Selected For A Particular Case?
Cases will usually be heard by juries of 6 or 12 jurors. A larger
group, called a panel, will be sent to the trial court (courtroom) where
the jurors will be questioned under the supervision of the
judge.
A juror may be excused from the panel if it is shown that the juror
cannot act impartially concerning the case to be heard. In
addition, each side is allowed to remove a given number of jurors from
the panel without having to show any reason. The trial jury
will be the first 6 or 12 of the remaining jurors on the panel.
What Is Voir Dire Or Questioning Of The Jury Panel?
It is a way for the parties to select a fair and impartial jury.
Under the justice system, you may be questioned by each of the lawyers
before they decide to remove a certain number of jurors from the jury
panel.
For example, the lawyer may ask you questions to see if you are
connected to the trial or if you have any prejudice or bias toward
anyone in the trial. These questions are not intended to embarrass
you, but rather to help the lawyers in the jury selection process.
You may ask the judge to allow you to answer some questions away from
the other jurors.
What If I
Have A Special Need Or Emergency?
After you have been selected as a juror on a trial panel, if you have a
special need or an emergency, tell the bailiff.
NOTE: Not all these rules
apply in Justice and Municipal Courts.
This handbook was furnished by a grant from the Texas Bar
Foundation. For reprint information call the State Bar of Texas at
1-800-204-2222.
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