A Speech for Incoming Prospective Jurors
As you know if you see many trials, some judges try to give a speech about the importance of jury service to venirepersons when they are herded into the courtroom. Some aren't bad. Some. I mean, some start with "I know you probably don't want to be here, but let me try to convince you that it's important." Really. Exact quote. Not exactly rallying the troops. So in case any judges might like a different speech, I offer this one for anyone's use. Practitioners can direct their judges to the speech, too-- might get some better jurors staying on the panel!
Good morning, ladies and gentlemen. My name is Judge Simon Dickens [feel free to use your own name, of course] and I welcome you to your courtroom. I say "your courtroom" because all the courts belong to you, the citizens of this state. There's a reason we have courtrooms: we need a civilized way to resolve disputes that arise in our community, and having good citizens like yourselves come in and hear a dispute in our community and give a verdict... well, that's about as civilized as it can get. Today, these parties at these tables in front here are asking for a jury to resolve something.
Let me put it this way. There's a lot of talk in America these days about our core values and fundamental principles. Maybe we would all agree that anything in the Bill of Rights is a basic, core American principle. Foundation. Bedrock. You know the First Amendment guarantees freedom of speech and the Fifth Amendment says you can't be forced to testify against yourself, and other things you might recall. Well, the Bill of Rights also gives us the Seventh Amendment, and it relates to civil trials like this one, not criminal ones; those are covered in other amendments. The Seventh is just about civil trials. And you know what it says? It says, "In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved."
Well, I can pretty much guarantee that these parties are fighting over more than $20. [Pause for puddles of laughter.] So that means that our fundamental American values are that we want them to have a jury if they want one. Why? Because we don't want people in our community settling their scores in other ways, like old duels or just breaking in and stealing what you think is yours.
And notice what the Amendment tells us-- it says that the right to a jury shall be preserved. Preserved. That means it already existed before the 1790's in America, and the founders just wanted to make sure it was continued. It's our basic values, folks. Been around for centuries.
But why should folks care, folks like yourselves who have taken time out of your life because you were summoned by the court for jury duty? Well, I can think of at least two reasons. One is that I hope you will agree that it is good for democracy and for civilization to have regular citizens from the community come in and solve disputes rather than leaving it to people to fight it out in other ways. Second, someday you might have a dispute and need some good people to come in and resolve it. Think of it as donating blood: it's not fun, but you do it once in awhile because it's important and because you want there to be others who will help out when you might need it.
And there's something else: most people never serve on a jury, and most people who have been a juror have only done it once or twice in their whole adulthoods. That's a pretty small price to pay to live in a society that resolves problems this way. Your country calls on you for three things: vote a couple times a year, pay your taxes every year, and come in and be on a jury once or twice in your life. (They used to ask you to go to war for your country, but that's all volunteer now, so these are the three things your country asks you to do.) It should be an honor to do all three, because that price is small compared to what it took to get these rights and to keep them for 220 years.
Now, I appreciate the fact that nobody woke up today and really wanted to come in, take an oath to tell the truth, and then get asked a bunch of personal questions and have to answer them in front of strangers. Please understand that the lawyers and I don't want to make you uncomfortable and certainly don't want to embarrass anyone. But I can tell you right now: if you are a human, you have some biases and attitudes, and I specifically asked the jury commissioner to send up only humans this time. [Pause for chuckles.] So we expect folks who have attitudes, experiences, and biases about things. But we have to find out whether some of those biases and attitudes are about some of the subjects in this case. Because then you won't be the right juror for this case. Wouldn't be fair. You'd be a great juror on another case, but maybe not this one. So that's why we will ask you lots of questions. This same process is happening in probably about 4000 courthouses across America this week, so you are in big company.
Many of you will be asked to leave, and you won't really get an explanation as to why. Please understand that it's nothing personal; you are a fine person in many ways, but maybe just have something in your background or in your mind that would make you a great juror on some other case, but maybe not this one. We thank you for your good citizenship for coming in here anyway.
We have lists of your names, both random and alphabetical. We follow the random list when we're putting you into the jury box, but you'll see the lawyers and the clerk jumping around between lists; that's why. Don't worry about it. I always think it looks funny myself, so that's why I mention it.
[Handle hardships and the more obvious cause challenges here. Then:]
So we will call the first 18 of you from the random list, and we will get to know you first. The rest of you in the back, please pay attention because many of you will get up here, too, and we can save each other's time by just asking you, "Did you hear the earlier questions? What answers did you think of for them?"
Again, folks, we all thank you for putting aside whatever is going on in your life this week and coming in and being part of resolving a dispute in our community. It's what good citizens do in a good democracy. Thanks for taking part here today. I'm honored to have you in our courtroom.
Good morning, ladies and gentlemen. My name is Judge Simon Dickens [feel free to use your own name, of course] and I welcome you to your courtroom. I say "your courtroom" because all the courts belong to you, the citizens of this state. There's a reason we have courtrooms: we need a civilized way to resolve disputes that arise in our community, and having good citizens like yourselves come in and hear a dispute in our community and give a verdict... well, that's about as civilized as it can get. Today, these parties at these tables in front here are asking for a jury to resolve something.
Let me put it this way. There's a lot of talk in America these days about our core values and fundamental principles. Maybe we would all agree that anything in the Bill of Rights is a basic, core American principle. Foundation. Bedrock. You know the First Amendment guarantees freedom of speech and the Fifth Amendment says you can't be forced to testify against yourself, and other things you might recall. Well, the Bill of Rights also gives us the Seventh Amendment, and it relates to civil trials like this one, not criminal ones; those are covered in other amendments. The Seventh is just about civil trials. And you know what it says? It says, "In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved."
Well, I can pretty much guarantee that these parties are fighting over more than $20. [Pause for puddles of laughter.] So that means that our fundamental American values are that we want them to have a jury if they want one. Why? Because we don't want people in our community settling their scores in other ways, like old duels or just breaking in and stealing what you think is yours.
And notice what the Amendment tells us-- it says that the right to a jury shall be preserved. Preserved. That means it already existed before the 1790's in America, and the founders just wanted to make sure it was continued. It's our basic values, folks. Been around for centuries.
But why should folks care, folks like yourselves who have taken time out of your life because you were summoned by the court for jury duty? Well, I can think of at least two reasons. One is that I hope you will agree that it is good for democracy and for civilization to have regular citizens from the community come in and solve disputes rather than leaving it to people to fight it out in other ways. Second, someday you might have a dispute and need some good people to come in and resolve it. Think of it as donating blood: it's not fun, but you do it once in awhile because it's important and because you want there to be others who will help out when you might need it.
And there's something else: most people never serve on a jury, and most people who have been a juror have only done it once or twice in their whole adulthoods. That's a pretty small price to pay to live in a society that resolves problems this way. Your country calls on you for three things: vote a couple times a year, pay your taxes every year, and come in and be on a jury once or twice in your life. (They used to ask you to go to war for your country, but that's all volunteer now, so these are the three things your country asks you to do.) It should be an honor to do all three, because that price is small compared to what it took to get these rights and to keep them for 220 years.
Now, I appreciate the fact that nobody woke up today and really wanted to come in, take an oath to tell the truth, and then get asked a bunch of personal questions and have to answer them in front of strangers. Please understand that the lawyers and I don't want to make you uncomfortable and certainly don't want to embarrass anyone. But I can tell you right now: if you are a human, you have some biases and attitudes, and I specifically asked the jury commissioner to send up only humans this time. [Pause for chuckles.] So we expect folks who have attitudes, experiences, and biases about things. But we have to find out whether some of those biases and attitudes are about some of the subjects in this case. Because then you won't be the right juror for this case. Wouldn't be fair. You'd be a great juror on another case, but maybe not this one. So that's why we will ask you lots of questions. This same process is happening in probably about 4000 courthouses across America this week, so you are in big company.
Many of you will be asked to leave, and you won't really get an explanation as to why. Please understand that it's nothing personal; you are a fine person in many ways, but maybe just have something in your background or in your mind that would make you a great juror on some other case, but maybe not this one. We thank you for your good citizenship for coming in here anyway.
We have lists of your names, both random and alphabetical. We follow the random list when we're putting you into the jury box, but you'll see the lawyers and the clerk jumping around between lists; that's why. Don't worry about it. I always think it looks funny myself, so that's why I mention it.
[Handle hardships and the more obvious cause challenges here. Then:]
So we will call the first 18 of you from the random list, and we will get to know you first. The rest of you in the back, please pay attention because many of you will get up here, too, and we can save each other's time by just asking you, "Did you hear the earlier questions? What answers did you think of for them?"
Again, folks, we all thank you for putting aside whatever is going on in your life this week and coming in and being part of resolving a dispute in our community. It's what good citizens do in a good democracy. Thanks for taking part here today. I'm honored to have you in our courtroom.
