Types of Trials
There are at least two parties represented in every
trial. In civil cases, one party is the plaintiff and the
other party is the defendant. These cases usually involve
property, money or civil rights. In criminal cases, the
State of Kansas or a city is the plaintiff and the defendant
is a person who is charged with a crime. In addition to
a possible fine, the defendant's life or liberty may actually
be at stake. The criminal cases are those normally prosecuted
by the county attorneys in the various counties.
Conduct of Trial
Selection of Jury
The entire group of people summoned for jury service
is called a panel. The jury will be selected from the panel.
After your name has been called and you are seated in the
jury box the judge may ask you certain questions. After
the judge concludes, each attorney may ask you questions.
These questions are not in any way meant to embarrass you;
they are asked only to check your qualifications to sit
as a fair and impartial juror in this particular case and
nothing more. If you feel, for any reason, you cannot sit
as a fair and impartial juror, you should state that to
the judge or attorney. Even after the questions are concluded
by the attorneys for both sides, you may still be dismissed
without cause, as the law provides certain challenges without
stating the cause. These are called preemptory challenges
and are not an adverse reflection on anyone being excused.
Opening Statements
After the selection of the jury, the attorneys for both
sides explain the positions of their respective clients,
what they claim, and what they expect to prove. These statements
are not evidence but explanations, and the claims made must
be proven by competent evidence.
Presentation of Evidence/Examination of Witnesses
Both parties usually attempt to prove their sides of
the case through witnesses. The witnesses are examined first
by the attorney who called them; this is called direct examination.
Then the other attorney may examine the witnesses; this
is called cross examination. This can proceed further by
redirect or re-cross examination.
Objections made by attorneys are sometimes technical, but
they are made in an effort to limit the testimony to what
is pertinent to the case. If the judge sustains the objection,
the evidence is not proper, and if the judge overrules the
objection the witness may proceed to answer the question
asked. If the objection is sustained, you must disregard
and not consider any answer or inference.
Sometimes, during the trial, the jurors are excused so
that the attorneys may present an argument to the court
concerning an objection or another legal matter. This is
done so that the jurors will not be prejudiced by any statements
made. Lawyers are within their rights and have a duty to
object when evidence which they believe is improper is offered.
Objections being sustained or overruled should not cause
you, as a juror, to give either side any more favorable
or unfavorable consideration.
Final Arguments
The first final argument is presented by the plaintiff's
attorney who will review that version of the case. The defendant's
attorney will follow with a presentation of the other view
of the facts of the case. Then, under the law, the plaintiff's
attorney has the concluding argument.
Instructions
At the conclusion of the trial, the judge will instruct
the jurors as to the law applying to the particular case.
Jurors must base their verdicts on the judge's instructions
as to the law, rather than on their own notions of what
the law is, or ought to be.
Jury Deliberations
The jurors, upon being taken to the jury room, will
first select a foreman to preside over the deliberations.
You will discuss the evidence and attempt to arrive at a
fair and impartial verdict according to the facts as presented
from the witness stand and the law as given to you by the
judge's instructions. When you have done this, you will
be returned to the courtroom where your verdict is read.
Jurors' Responsibilities
Never be late, always sit in the same seat, and give
your attention to the witnesses and the attorneys. The case
is important to someone and that someone could someday be
you.
You should not talk with anyone about the case or allow
others to talk to you or about it in your presence during
the trial and jury deliberations. If the suit involves some
particular place or scene, do not make a personal inspection
of the place unless the court orders the jury as a group
to do so. Any unauthorized inspection may result in a retrial
of the case, which is expensive and time consuming.
Never let TV, radio, or newspaper articles on the trial
or items concerning it affect your decision. They may be
incomplete or biased and a miscarriage of justice could
result. During the trial do not read, view or listen to
news reports relating to the case or trial.
If the case is settled or dismissed for any reason prior
to the jury's verdict being rendered, you have still performed
a valuable service by being there as a juror. You can and
should be justly proud of your service as a juror. Not everyone
is allowed the privilege of serving. Your presence on the
panel is necessary even if you never actually serve on a
case. You have a right to feel proud that you have had a
part, a vital part, in our democratic way of life.
When in doubt ask the judge
In each case on which you act as juror, the judge will
give you instructions applicable to that case. The information
in this brochure is not intended to take the place of and
must not encroach on those instructions.