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Juror / Witness Related FAQ's
Jurors
Q: What’s the difference between
grand juries and trial juries?
A: The most important difference is
that;
1. A
grand jury
decides whether or not there is enough evidence to
charge
an accused person with a crime
2. A
trial
jury
decides whether or not the person who
is charged with a crime has been
proven guilty
beyond a reasonable doubt.
Q: Who can serve as a juror?
A: Grand Jurors and Trial Jurors must
meet the same qualifications. You are eligible to serve as juror in NYS
if you are:
- a United
States Citizen
- at least 18
years of age
- a resident of
the county to which you are summoned to serve
- are able to
understand and communicate in the English language
- have not been
convicted of a Felony (Persons previously convicted of a felony who
have received a certificate of relief from civil disabilities or a
certificate of good conduct may be qualified to serve as jurors.)
Q: How long will I be required to
serve?
A. Length of service for a grand juror
varies from one or two days a week for a period of two weeks up to a
month or more, while a trial juror serves every day each week for the
length of one trial.
Q: How many jurors hear cases?
A: A grand jury is made up of 23 jurors
and no alternates, and a trial jury is comprised of 12 jurors plus
alternates.
Q: Why are grand jury proceedings
secret?
A: Everything that
happens in a grand jury room is secret. The purposes of grand jury
secrecy are to obtain the full cooperation of the witness who
appears before the grand jury, to permit grand jurors to make
decisions free from outside interference, and to protect an innocent
person who may be investigated but never indicted.
Q: What happens if I ignore a jury
notice?
A: A person who ignores a jury notice
is subject to civil and criminal penalties. If a court judgment is made,
it may affect an application for credit or car insurance.
Q: Are jurors compensated?
A: Yes, the state will pay a fee of $40
for each day of physical attendance.
EXCEPTION # 1
Jurors who are
employed CANNOT be paid a jury fee for any day(s) on which they receive
regular wages unless their regular wage is less than $40. In that case,
the state will pay the difference between the juror’s wage and the $40
fee.
EXCEPTION # 2
Jurors who work
for an employer with more than 10 employees MUST be paid by their
employer, at least $40 of their regular daily wage–whichever is less,
for the first three-days of service.
Note: The
obligation of the employer to pay only applies if the juror is serving
jury duty on a regularly scheduled work day. If not, the state pays the
daily fee of $40.
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