5.00 Jury Supervision Flashcards
5.10 Policy:
B. In fulfilling this responsibility, court officers shall be guided by the appropriate
sections of law, administrative policies, and training guidelines.
5.20 General Rules:
A. A court officer shall not fraternize with jurors.
C. A court officer may not discuss or comment on any legal aspect of any case in
any area where there is the potential of being overheard by a juror or potential
juror.
5.20 General Rules: (cont.)
D. A court officer may not discuss or comment on any legal aspect of any case
with any witness.
E. A court officer shall immediately notify the court if they observe a juror violating any instructions given by the judge. **
(Quiz)
F. A court officer shall prevent any person from attempting to or actually tampering with a juror. (Penal Law Sec. 215.25)*
G. If a court officer personally knows any member of the panel of prospective jurors or a sworn juror serving on trial in a part to which the court officer is assigned, the court officer SHALL immediately NOTIFY their SUPERVISOR.*
5.25 The Trial:
A. A court officer shall ensure that prospective and sworn jurors ARE NOT in the courtroom EXCEPT when appropriate. **
(Quiz)
C. A court officer shall ensure that the parties (D.A., defense counsel, defendant, and witnesses) do not mingle or communicate with jurors. **
(Quiz)
5.25 The Trial: (cont.)
E. A court officer shall ensure that:
- Jurors do not view the defendant during escort to and from the holding area.*
- Jurors do not view the defendant in handcuffs or other restraining devices unless otherwise directed by the court.*
5.30 Deliberating and Sequestered Juries:
C. A court officer shall ensure that only the verdict sheet, evidence as authorized by the court (CPL 310.20), and items such as pencils, pads, and refreshments are permitted in the jury deliberating room, unless otherwise directed by the court.
5.30 Deliberating and Sequestered Juries:
D. When in the course of deliberations, a jury is examining a firearm, narcotics or other items which could possibly be dangerous to the jurors, a court officer shall remain in the room during the examination unless otherwise directed by the court. Instruction shall be given to the jury not to deliberate while the court officer is in the room. **
E. Following the court’s charge, except as provided in CPL 310.10 (2), the jury must be kept together under the continuous supervision of a court officer or other appropriate civil servant (CPL 310.10). A court officer must be posted immediately outside the jury deliberation room. The officer shall not allow any individual to enter the deliberation room or remain in the immediate vicinity.
Court officers shall not enter the jury room
unless it is necessary to assure the safety or well-being of a juror, or the officer is directed to do so by the court. Prior to entering the jury deliberation room, the officer shall knock and announce in a loud, clear voice, “Stop all deliberations.” **
(Quiz)
G. A court officer shall accept from the jury only written communications signed by the foreperson that include the date and time of the communication. All communications shall be given to the clerk or the judge. Under no circumstances are the contents of any communication between the jury and the court to be shared with counsel.
I. A court officer shall make all authorized phone calls for deliberating jurors. A
deliberating juror is not permitted to speak on the telephone unless
specifically authorized by the court.
5.50 Crime Scene Visits:
C. The Major or Captain shall contact the local police agency as to the date, time,
location, and purpose of the visit. **
5.60 New York City Juror Transportation:
A. Assignment of officers:
- Only an officer (s) with a valid N.Y.S. CDL license - (Class “B” with a passenger (P) endorsement) will be assigned to operate juror transportation vehicles.
5.60 New York City Juror Transportation: (Cont.)
C. Priority of use of official court transportation vehicles will be:
- Sequestered Juries;
- Crime Scene Visits;
- Hospital hearings;
- Miscellaneous, as authorized by the Chief Clerk/Executive Assistant or designee.
5.60 New York City Juror Transportation: (Cont.)
D. Official court transportation vehicles SHALL NOT be used for:
- Transportation of inmates; or
- Transportation of person under arrest; or
- Transportation of aided cases; or
- Transportation of individual jurors, unless authorized by the Chief
Clerk/Executive Assistant (or designee); or - Transportation of court personnel, unless authorized by the Chief Clerk,
Executive Assistant or designee.
The number of jurors: 🚨
CRIMINAL FELONY TRIAL:
(12) jurors plus up to six alternates.
CIVIL TRIAL:
(6) jurors plus up to four alternates.
CRIMINAL: The jury for lesser criminal charges, including misdemeanors, has (6) jurors and up to four alternates.