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Accommodating Citizens Called to Jury Service
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17
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JUDGES AND COURT PERSONNEL SHOULD ASSIST JURORS TO HANDLE THE STRESS THAT MAY BE CAUSED BY JURY SERVICE.
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Jurors should be given every assistance possible to help them cope with the stress that can be caused by jury service. If a trial is very long, if it is emotionally grueling, if the jurors must be sequestered, if the evidence is unusually unpleasant and graphic, or if there is a high level of publicity surrounding the trial, a juror may be totally unprepared for the toll this may take on his or her emotional well-being. We recommend using a variety of techniques, depending upon the nature of the trial, to assist jurors in handling stress.
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Brochure on
Handling Stress
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As a matter of practice, a brochure can be distributed, such as “Tips for Coping After Jury Duty”, used in Maricopa County, Arizona, which illustrates techniques a juror can use to help put their experience in perspective.
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Post-Verdict
Meeting with Judge
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At the close of the trial, we encourage judges to meet personally with the jurors in an informal setting to allow the jurors to express their concerns and discuss their feelings about the trial. Such a meeting also gives the judge the opportunity to thank the jurors for their service and to obtain other more general feedback about their reactions to jury service.
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Fear of Retaliation
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If the court determines that a trial poses a security risk, precautions should be taken to ensure that sufficient personnel and equipment are in place to handle that risk. If a juror expresses fear for his or her personal safety, the court should conduct a debriefing and make any necessary referrals to law enforcement.
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Professional Debriefing
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For trials likely to cause severe emotional distress, courts can initiate a voluntary juror debriefing program. The court may contract with a professional psychologist, social worker, or counselor (usually someone with expertise in post-traumatic stress disorder) to conduct a short group session following the conclusion of the trial. The jurors and alternates, sometimes with the judge participating, are given the opportunity to explore their reactions to the trial, and the facilitators will often discuss symptoms commonly associated with juror stress. King County Superior Court obtained a grant to conduct a pilot for such a debriefing program which was very successful.
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References:
G. Thomas Munsterman, et al., Jury Trial Innovations, pp. 203-205 (3rd ed. 1997).
G. Thomas Munsterman, Managing Notorious Trials, pp. 97-99 (2nd ed. 1998).
District of Columbia Jury Project, Juries for the Year 2000 and Beyond: Proposals to Improve the Jury Systems in Washington D.C., p. 73 (1998) (provide closure to the jury experience, especially in stressful cases).
Arizona Supreme Court Committee on More Effective Use of Juries, Jurors: The Power of 12, pp. 125-126 (become proactive in detecting and treating juror stress).
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