Ladies and Gentlemen, you have been brought here today so that we may select a jury for this case, which is entitled the State of New Jersey vs. . We are about to begin a process called the voir dire and the purpose of the voir dire is very simple. It is to obtain a jury which is able to hear this case without any bias, prejudice or pre-conceived ideas. In short the idea is to select a fair jury.
Members of the panel we are here to try the matter in dispute between the State of New Jersey and . This is a criminal case and the charge(s) is (are) .
I realize that jury service may be new to some of you, so a few preliminary remarks may prove to be helpful.
The first step in a jury trial is the selection of the jury. This process is important because both the State and the defendant are entitled to jurors who are impartial and agree to keep their minds open until a verdict is reached. Jurors must be as free as humanly possible from bias, prejudice or sympathy and must not be influenced by preconceived ideas.
Those of you selected as jurors on this case shall serve as judges of the facts. In other words, you will listen to the testimony of witnesses, examine any physical evidence introduced and thereafter determine the facts.
I am the judge of the law. At the conclusion of this matter, after the evidence has been presented and counsel have made their closing arguments, I will tell you what the law is and you must apply that law to the facts in order to reach a fair and impartial verdict.
PRELIMINARY INSTRUCTIONS TO THE JURY NON CAPITAL CASES Page 2 of 4
Although you may be qualified to serve as a juror in most cases, there may be something that could disqualify you in this case or make it embarrassing for you to serve. In order to learn this, I will ask you questions. Please understand that the questions I will ask are for a legitimate purpose and not to simply pry into your personal affairs. Do not hesitate to speak your mind honestly and plainly. It is very important that you answer each question fully and truthfully. Keep in mind that there are no right or wrong answers. Truthful and honest answers are necessary so that a fair and impartial jury can be selected.
As we mature we all to some extent develop certain biases, prejudices, fixed opinions and views. We develop these from our families, others around us, the media and from our everyday experiences. You are entitled to be who you are and to feel and think about things as you do. It is important to recognize any biases, prejudices fixed opinions and views that you may have and to disclose them to me during jury selection. If for any reason my questions do not cover why you would not be able to listen with an open mind to the evidence in this case or be unable to reach a fair and impartial verdict, it is necessary that you volunteer this information to me when you are questioned.
If at any time during the jury selection process you wish to discuss anything with me concerning your ability to serve as a juror raise your hand and I will speak with you outside the presence of the other jurors but in the presence of the attorneys.
After I have questioned each of you, you may be excused as a juror by me if in my opinion there is a valid reason why you should not serve. Each attorney may also excuse a limited number of jurors without giving any reason for doing so. In the event you are excused, please do not consider this an insult or take it personally. It is merely part of the process employed in selecting a jury as permitted by our Court Rules.
Briefly this case involves: EXPLAIN NATURE OF THE CASE AT BAR
PRELIMINARY INSTRUCTIONS TO THE JURY NON CAPITAL CASES Page 3 of 4
Our best estimate is that this case will take __________ or __________ days to complete. At the outside the attorneys and I feel that it could possibly take as much as __________ days, but it is highly unlikely that it would take any more time than that.
(Discuss daily schedule of Trial)
This is a criminal case there are certain principles of law that must be accepted and followed by jurors.1
The indictment is not evidence of the defendant's guilt on the charge(s). An indictment is a step in the procedure to bring the matter before the court and jury for the jury's ultimate determination as to whether the defendant is guilty or not guilty on the charge(s) stated in it.
The defendant has pleaded not guilty to the charge(s) and is presumed to be innocent. Unless each and every essential element of the offense(s) charged is (are) proved beyond a reasonable doubt, the defendant must be found not guilty of that charge.
The burden of proving each element of the charge(s) beyond a reasonable doubt rests upon the State and that burden never shifts to the defendant. It is not the obligation or the duty of the defendant in a criminal case to prove his/her innocence or offer any proof relating to his/her innocence.
The prosecution must prove its case by more than a mere preponderance of the evidence, yet not necessarily to an absolute certainty.
The State has the burden of proving the defendant guilty beyond a reasonable doubt. Some of you may have served as jurors in civil cases, where you were told that it is necessary to prove only that a fact is more likely true than not true. In criminal cases, the State’s proof must be more powerful than that. It must be beyond a reasonable doubt.
1 At the least, the jury must be asked whether they understand the basic principles of presumption of innocence and those governing the indictment and whether they can abide by these principles. State v. Lumumba, 253 N.J. Super. 375, 394 (App. Div. 1992)
PRELIMINARY INSTRUCTIONS TO THE JURY NON CAPITAL CASES Page 4 of 4
2 See State v. Milton, 178 N.J. 421 (2004), setting forth the process to be used to determine the unanimity of the verdict.
A reasonable doubt is an honest and reasonable uncertainty in your minds about the guilt of the defendant after you have given full and impartial consideration to all of the evidence. A reasonable doubt may arise from the evidence itself or from a lack of evidence. It is a doubt that a reasonable person hearing the same evidence would have.
Proof beyond a reasonable doubt is proof, for example, that leaves you firmly convinced of the defendant's guilt. In this world, we know very few things with absolute certainty. In criminal cases the law does not require proof that overcomes every possible doubt. If, based on your consideration of the evidence, you are firmly convinced that the defendant is guilty of the crime charged, you must find [him/her] guilty. If, on the other hand, you are not firmly convinced of defendant's guilt, you must give defendant the benefit of the doubt and find [him/her] not guilty.
You will have to apply the law as I give it to you regardless of your own personal feelings about it.
As this is a criminal case, your verdict must be unanimous; that is, all 12 deliberating jurors must agree upon the verdict.2
I would like to first introduce to you the attorneys. The State of New Jersey will be represented throughout these proceedings by _______________. I would like him/her to rise and introduce himself/herself to you. The defendant will be represented by .*
I would like him/her to rise and introduce himself/herself to you, and his/her client.
(Conduct the Voir Dire)
* Do not mention that the defense attorney is a public defender.
