Patricia Lee Refo, Chair
Co-Chairs
Hon. Catherine Anderson, Chair, ABA Criminal Justice Section
Hon. Louraine Arkfeld, Chair, ABA Judicial Division
Dennis Drasco, Chair, ABA Section of Litigation
Stephan Landsman, Reporter
Members
David Biderman, Pat Brady, Dorothy Brown, Paul Butler, Hon. Charles
Clevert, Hon. William Caprathe, Neil Cohen, Mark Curriden, Hon. Michael
Dann, Shari Diamond, Neil Ellis, Ken Frazier, Terry MacCarthy, Hon. Greg
Mize, Tom Munsterman, Carlos Singh,
Dwight Smith
PREAMBLE
The American jury is a dwelling organization that has performed a integral section in our
democracy for greater than two hundred years. The American Bar Association
recognizes the felony community’s ongoing want to refine and enhance jury practice
so that the proper to jury trial is preserved and juror participation enhanced. What
follows is a set of 19 concepts that outline our quintessential aspirations for the
management of the jury system. Each precept is designed to categorical the first-class of
current-day jury exercise in mild of present prison and sensible constraints. It is
anticipated that over the route of the subsequent decade jury exercise will enhance so that
the standards set forth will have to be up to date in a manner that will draw them ever
closer to the standards to which we aspire.
GENERAL PRINCIPLES
PRINCIPLE 1– THE RIGHT TO JURY TRIAL SHALL BE PRESERVED
A. Parties in civil things have the proper to a fair, correct and well timed jury
trial in accordance with law.
B. Parties, together with the state, have the proper to a fair, correct and timely
jury trial in crook prosecutions in which confinement in penitentiary or prison
may be imposed.
C. In civil instances the proper to jury trial may also be waived as supplied by
applicable law, however waiver must neither be presumed nor required where
the pursuits of justice demand otherwise.
D. With appreciate to crook prosecutions:
1. A defendant’s waiver of the proper to jury trial need to be understanding and
voluntary, joined in via the prosecutor and popular with the aid of the court.
2. The courtroom need to now not take delivery of a waiver except the defendant, after
being recommended by means of the court docket of his or her proper to trial by using jury and the
consequences of waiver, individually waives the proper to trial through jury
in writing or in open court docket on the record.
3. A defendant can also no longer withdraw a voluntary and understanding waiver as
a remember of right, however the court, in its discretion, may additionally permit
withdrawal prior to the graduation of trial.
4. A defendant may additionally withdraw a waiver of jury, and the prosecutor
may withdraw its consent to a waiver, each as a count of right, if
there is a exchange of trial judge.
E. A fine and handy jury device need to be maintained with budget
procedures that will make certain adequate, stable, long-term funding below all
economic conditions.
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PRINCIPLE two – CITIZENS HAVE THE RIGHT TO PARTICIPATE IN JURY
SERVICE AND THEIR SERVICE SHOULD BE FACILITATED
A. All people ought to be eligible for jury provider without these who:
1. Are much less than eighteen years of age; or
2. Are now not residents of the United States; or
3. Are no longer residents of the jurisdiction in which they have been
summoned to serve; or
4. Are now not capable to speak in the English language and the court
is unable to grant a best interpreter; or
5. Have been convicted of a prison and are in authentic confinement or
on probation, parole or different courtroom supervision.
B. Eligibility for jury carrier must now not be denied or restrained on the groundwork of
race, country wide origin, gender, age, spiritual belief, income, occupation,
disability, sexual orientation, or any different element that discriminates against
a cognizable team in the jurisdiction different than these set forth in A.
above.
C. The time required of men and women referred to as for jury provider have to be the shortest
period constant with the desires of justice.
1. Courts ought to use a time period of carrier of one day or the completion of
one trial, whichever is longer.
2. Where deviation from the time period of carrier set forth in C.1. above is
deemed necessary, the courtroom need to now not require a individual to remain
available to be chosen for jury carrier for longer than two weeks.
D. Courts need to recognize jurors’ time by means of calling in the minimal number
deemed integral and by using minimizing their ready time.
1. Courts have to coordinate jury administration and calendar
management to make fantastic use of jurors.
2. Courts must decide the minimally adequate range of jurors
needed to accommodate trial activity. This facts and
appropriate administration strategies have to be used to modify both
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the variety of men and women summoned for jury responsibility and the number
assigned to jury panels.
3. Courts need to make certain that all jurors in the courthouse ready to be
assigned to panels for the first time are assigned earlier than any juror is
assigned a 2d time.
E. Courts need to grant an sufficient and appropriate surroundings for jurors,
including these who require practical lodging due to disability.
F. Persons referred to as for jury carrier must get hold of a lifelike fee.
1. Persons referred to as for jury provider ought to be paid a practical charge that
will, at a minimum, defray events costs such as travel,
parking, ingredients and child-care. Courts have to be motivated to
increase the quantity of the charge for folks serving on prolonged trials.
2. Employers ought to be prohibited from discharging, laying off,
denying development possibilities to, or in any other case penalizing
employees who omit work due to the fact of jury service.
3. Employers need to be prohibited from requiring jurors to use leave
or holiday time for the time spent on jury carrier or be required to
make up the time they served.
PRINCIPLE three – JURIES SHOULD HAVE 12 MEMBERS
A. Juries in civil instances ought to be constituted of 12 individuals wherever
feasible and beneath no occasions fewer than six members.
B. Juries in crook instances must consist of:
1. Twelve men and women if a penalty of confinement for extra than six
months may additionally be imposed upon conviction;
2. At least six humans if the most duration of confinement that
may be imposed upon conviction is six months or less.
C. At any time earlier than verdict, the parties, with the approval of the court, may
stipulate that the jury shall consist of fewer jurors than required for a full
jury, however in no case fewer than six jurors. In crook instances the court
should now not be given such a stipulation until the defendant, after being
advised by means of the courtroom of his or her proper to trial with the aid of a full jury, and the
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consequences of waiver, individually waives the proper to a full jury both in
writing or in open courtroom on the record.
PRINCIPLE four – JURY DECISIONS SHOULD BE UNANIMOUS
A. In civil cases, jury choices must be unanimous anyplace feasible. A
less-than-unanimous choice ought to be commonplace solely after jurors have
deliberated for a lifelike duration of time and if concurred in by means of at least
five-sixths of the jurors. In no civil case must a selection concurred in by
fewer than six jurors be accepted, without as supplied in C. below.
B. A unanimous selection ought to be required in all crook instances heard via a
jury.
C. At any time earlier than verdict, the parties, with the approval of the court, may
stipulate to a less-than-unanimous decision. To be valid, the stipulation
should be clear as to the range of concurring jurors required for the
verdict. In crook cases, the courtroom must no longer be given such a stipulation
unless the defendant, after being recommended via the court docket of his or her proper to
a unanimous decision, in my view waives that right, both in writing or in
open courtroom on the record.
PRINCIPLE 5 – IT IS THE DUTY OF THE COURTS TO ENFORCE AND
PROTECT THE RIGHTS TO JURY TRIAL AND JURY SERVICE
A. The accountability for administration of the jury machine need to be vested
exclusively in the judicial department of government.
1. All methods regarding jury resolution and carrier ought to be
governed by way of guidelines and guidelines promulgated by using the state’s
highest courtroom or judicial council.
2. A unified jury gadget ought to be hooked up anyplace possible in
areas that have two or greater courts conducting jury trials. This
applies whether or not the courts are of the equal or of differing subject
matter or geographic jurisdiction.
3. Responsibility for administering the jury gadget have to be vested
in a single administrator or clerk performing underneath the supervision of a
presiding choose of the court.
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