National Center for State Courts

 

Improving Justice through Leadership
and Service to the Courts

      

  

Judge & Lawyer Survey

The National Center for State Courts (NCSC) has undertaken its National Program to Increase Citizen Participation in Jury Service, a multi-phase project designed to promote public awareness and understanding of jury service and to support state and local courts in their efforts to improve the jury system.

One objective of this project is to document state and local law, policy, and practice concerning jury system management and jury trial procedures. To accomplish this objective, NCSC staff are surveying a number of judges and lawyers within the state to obtain an accurate picture of local jury practices. Your responses to the attached survey will greatly assist us in this effort.

1. Identification Information

A. I am a:

  • State trial judge
  • Federal trial judge
  • Attorney
    • primarily criminal prosecution
    • primarily criminal defense
    • primarily civil plaintiff
    • primarily civil defense
  • Other legal practitioner

B. Please indicate the location of the court (county, state) in which you preside (judge) or most often practice (attorney):

C. Please indicate the type of case in your most recent jury trial.

  • Capital felony
  • Felony
  • Misdemeanor
  • Civil
  • Other jury trial

If you are an attorney, please indiciate who you represented.

  • Prosecution / Plaintiff
  • Defendant

What was the date(s) of trial?

Where was the trial held (county, state)?

  • State court
  • Federal court

On a scale of 1 to 7, how complex was the evidence in that trial?

Not at all complex1234567Very complex
  

On a scale of 1 to 7, how complex was the law in that trial?

Not at all complex1234567Very complex
  

For the following questions, please indicate the practices, procedures, and techniques employed in your most recent jury trial.

2. Voir Dire

A. How were questions posed to prospective jurors in the venire? (check all that apply)

  • Oral questions posed to full panel
  • Oral questions posed to individual jurors in jury box
  • Oral questions posed to individual jurors at sidebar, in chambers, or otherwise outside the hearing of other jurors
  • Written responses to standardized questionnaire
  • Written responses to a case specific questionnaire
  • When was the questionnaire given to prospective jurors?
    • Prior to reporting for service
    • Jury assembly room before jury selection
    • In courtroom before questioning

B. What method was used to conduct the voir dire?

  • Strike & Replace Method: Twelve or more prospective jurors are seated in the jury box and examined by judge and/or attorneys. Judge rules on challenges for cause. Attorneys exercise peremptory challenges. Seats that are vacated by struck jurors are refilled by random selection.
  • Six/Four Pack Method: Similar to Strike & Replace Method except prospective jurors are questioned in groups of six or four until the full number of jurors is reached.
  • Struck: The entire panel is examined by the judge and/or attorneys and the judge rules on challenges for cause and hardship. Prospective jurors equal to the number of impaneled jurors, alternates and peremptory challenges is seated. The attorneys exercise peremptory challenges alternately until the final panel is selected and sworn.
  • Individual: Prospective jurors are examined individually outside the hearing of other jurors (e.g., at sidebar or in chambers). The judge rules on challenges for cause after each juror is questioned. After questioning outside the presence of other jurors, attorneys may be required to exercise peremptory challenges at the completion of each examination.
  • Other method (please describe):

C. Who questioned the jurors during the voir dire?

  • Judge only
  • Judge primarily with limited attorney follow-up
  • Judge and attorney equally
  • Attorney primarily with limited judge
  • Attorney only
    If attorney only, was the judge present for the voir dire?
    • Yes
    • No

D. How long was the voir dire? (hours)

3. Please indicate which of the following trial procedures or practices were employed in your most recent jury trial

  • Jurors were permitted to take notes
  • Jurors were provided with writing utensils and notepaper for taking notes
  • Jurors were provided with a notebook containing one or more of the following: a glossary of unfamiliar terms, names and short biographies of witnesses, copies of documentary evidence or exhibits, preliminary or final instructions, and notepaper for taking notes
  • Jurors were permitted to submit questions in writing to witnesses
  • Jurors were permitted to discuss the evidence among themselves prior to deliberations
  • Jurors were given substantive instructions on the law prior to the evidentiary portion of the trial
  • Jurors were instructed on the law before closing argument
  • Jurors were instructed on the law after closing argument
  • Attorneys were permitted to provide interim summation to the jury during the evidentiary portion of the trial

Please describe any other procedures or practices employed during your most recent jury trial that were intended to improve juror comprehension, attention levels, performance, or satisfaction with jury service during trial.

Jury Deliberations

4. Please indicate which of the following trial procedures or practices were employed in your most recent jury trial.

  • Jurors were given guidance on how to conduct deliberations
  • At least one written copy of the final jury instructions was provided to the jury
  • Jurors were provided with a written copy of the final jury instructions
  • Alternates were permitted to participate in deliberations
  • Jurors were sequestered for deliberations

How long were the jury deliberations (hours)

Please describe any other procedures or practices employed during your most recent jury trial that were intended to improve juror comprehension, attention levels, performance, or satisfaction with jury service.

Special Issues

5. Please indicate if any of the following issues arose in your most recent jury trial and what procedures, if any, the court employed to address those issues.

  • Notorious trial / High profile trial:
  • Capital jury trial:
  • Juror stress:
  • Jury sentencing in non-capital trial:

Contact Information

Please include your name and a phone number or e-mail address in case we have further questions. Any contact information provided will be used solely for questions regarding this survey. While we will attempt to keep your contact information confidential, we cannot guarantee that it will not be intercepted while in transit to our staff. Surveys can also be printed out and sent via fax or postal mail.

Name:
Phone:
Email:

If you would like more information about the National Program or other jury-related projects of the NCSC, contact Chris Connelly:

Chris Connelly
The Center for Jury Studies
National Center for State Courts
2425 Wilson Blvd. Suite 350
Arlington, VA 22201

Phone: (703) 841-6909
Fax: 703.841.5663
E-mail: cconnelly@ncsc.dni.us