Called for

Jury Duty?Some facts you should

know before you go...

FIJA: Our MissionOur mission is to inform all Americans about

their rights, authority, and responsibilities when serving as trial jurors.

Jurors must know that they have the authority, the right, and the duty to render a verdict based on their conscience and sense of justice, as well as on the facts and the merits of the law. Jurors must think for themselves, and not allow others to direct their verdict.

The historical, true, and primary function of each juror is to protect the people on trial from tyrannical prosecutions and bad laws unfairly imposed by power-hungry politicians or bureaucrats.

Why are Jurors Important?

• Protect society from dangerous individuals and protect individuals from dangerous, ambitious government employees

• Protect people from unjust prosecutions, government tyranny, and government mistakes

• Have the duty and the authority to render a just verdict

• Have an absolute right to veto bad laws and refuse to convict anyone tried under those bad laws

• Cannot be punished for their verdict and cannot be required to give a reason for their verdict

Note: The principle of jury authority applies equally in criminal and civil cases

“The judge cannot direct a verdict it is true, and the jury has the power to bring in a verdict in the teeth of both law and facts.”

Justice Oliver Wendell Holmes Horning v. District of

Columbia249 U.S. 596, 1920

Thomas Jefferson to Thomas Paine1789, ME 7:408, Papers 15:269.

“I consider trial by jury as the

only anchor yet imagined by

man by which a government

can be held to the principles

of its constitution.”

What are Your

Rights and Duties as a

Juror?

Your Rights as a JurorWhen You are Called for Jury Duty

You have the right to be treated with courtesy, respect, and honesty by all court officials and all other government employees.

You have the right to have your privacy respected and protected.

You have the right to ask questions of the judge and lawyers during the selection process.

You have the right to question everything that you do not understand or that appears to be incorrect in the instructions and jury selection process.

You have the right to do your own independent research on the authority and rights ─ as well as the duties ─ of jurors

Your Duties as a Juror

Appear for jury duty when you are called

Your participation and your verdict will have an impact on the life of the defendant and on all of your community. Your most powerful vote is your veto vote as a juror when you vote against bad laws by refusing to convict.

Your Rights as a Juror• Your have the right to vote your conscience,

even if you are the only one who believes in your verdict

• You have the right to have others listen respectfully to you as a fellow juror

• You have the right to not give in to pressure from other jurors or the judge

• You have the right to render a just verdict, according to your own conscience and thinking

• You have the right to see and hear all the evidence from all sources and witnesses

• You have the right to give no reason for your verdict

• You have the right to never be punished for your verdict

Your Duties as a Juror• Pay attention to all witnesses and evidence• Listen respectfully to fellow jurors

• Render a just verdict, according to your own independent conscience and thinking

• Vote your conscience, even if you are the only juror who believes in your verdict

• Do not give in to pressure from other jurors or the judge to change your verdict

• Respect the privacy of the jury deliberation room

“One may ask: "How can you advocate breaking some laws and obeying others?" The answer lies in the fact that there [are] two types of laws: just and unjust… One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine that ‘an unjust law is no law at all.’ ”

Martin Luther King, Jr."Letter from Birmingham Jail”

Why We Can't Wait, April 16, 1963

Rendering a Just VerdictTake into account…

•Every defendant is innocent until proven guilty•The facts of the case•The credibility of witnesses and evidence•That the judge may suppress important evidence to help get a conviction or for some other reason • Any mitigating circumstances•That the prosecutor may stack charges, and you cannot compromise by agreeing to one charge if you think that “not guilty” is the right verdict for all of the charges•The fairness of the law, and the application of the law in this particular case and this trial

Jurors are Representatives of the People

They hold no personal or political agenda, and must work as a team to determine the outcome of the caseThey have no stake in the trial outcome, but must remember to render justice in every caseJurors serve as the conscience of the community, but must rely on their individual conscience to render a verdict, and must think for themselves Jurors must remember that they, themselves, may be on trial someday, and would want jurors who are independent, who want justice, and who will not cave in to peer or government employee pressures

Jurors are Representatives of the People

•Jurors may be the only objective people in the courtroom, without a career to build, a case to win, or political ambitions to advance•Jurors serve as a check and balance on all branches of government: those who make the laws, those who enforce the laws, and those who serve the laws•Jurors are the last peaceful defense of our rights against power-hungry politicians, bureaucrats, and government employees who may ignore the Constitution to enforce flawed, lesser laws and statutes

John Adams 1771 2 Life and Works of John

Adams253-255 C.F. Adams ed. 1856

“It is not only (the juror's) right, but his duty... to find the verdict according to his own best understanding, judgment, and conscience, even though in direct opposition to the direction of the court.”

What Does FIJA/AJI Do?•Maintains an educational website at www.fija.org•Publishes educational literature, essays, other material, commentaries, CDs, and DVDs, all available through the Media Catalog at www.fija.org •Presents Amicus briefs when the authority, composition, or instructions for the jury are at issue•Provides interviews to media•Provides speakers and literature for meetings, clubs, seminars, classrooms, and other events

How Can I Get More Information?

•Call 1-800-TEL-JURY for a free information

packet •Visit our website:

www.fija.org•Send a note

–P.O. Box 5570, Helena MT, 59604–Email: aji@fija.org

•Contact your local representative www.fija.org/state-contacts/

What Can I Do to Help?• Appear for jury duty when you are called • Learn more about the rights and role of

jurors• Share FIJA information with friends and

neighbors• Volunteer for jury education projects in

your neighborhood, state, and community

• Spread the word about FIJA at every opportunity

• Support FIJA with your contribution

What Can I Do to Help?Mail your contributions to:

FIJA/AJIPO Box 5570Helena, MT 59604

Contribute online through our secure site:www.fija.org/support-fija/

The Authority of the Juror is the Right that

Protects all Other Rights

The Fully Informed Jury Association and American Jury Institute (FIJA/AJI) is a nonpartisan public policy research and education organization located in Helena,

Montana. FIJA/AJI focuses on issues involving the role of the jury in our justice system and the preservation of the full function of the jury as the final arbiter in

our courts of law. The FIJA/AJI mission is to inform all Americans about their rights, authority, and responsibilities when serving as trial

jurors. Jurors have both the authority and the obligation to render a verdict based on conscience, and retain the right to nullify bad law and misapplied laws.

FIJA/AJI works to restore the political function of the jury as the final check and balance on our American system of government.

To ensure public understanding of the power and function of the jury, FIJA/AJI hosts conferences and educational seminars. FIJA/AJI publishes an extensive variety of educational and research literature, and answers queries from the

public, scholars and legal professionals. As well, FIJA/AJI officers are often featured speakers and guest commentators in the press, where they discuss

cases in which jury selection, information, or jury instructions had a significant role in the outcome of the case.

To maintain its independence, FIJA/AJI accepts no government funding. FIJA/AJI programs and publications are possible because of generous contributions

received from individual donors, foundations, and corporations. FIJA/AJI generates revenue through seminar fees and the sale of FIJA/AJI publications and materials. FIJA/AJI is a public policy nonprofit, tax-exempt educational foundation

under Section 501 (c)(3) of the Internal Revenue Code.

Fully Informed Jury Association

and American Jury Institute

1-800-TEL-JURYwww.fija.org