CAFAmerica helps donors support Japanese earthquake relief

first_img Howard Lake | 11 March 2011 | News  30 total views,  2 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis CAFAmerica, part of Charities Aid Foundation’s international network of offices, is advising Americans on how to donate to organisations providing humanitarian relief efforts in the wake of the magnitude 8.9 earthquake in Japan earlier today.CAFAmerica is compiling a list of Japanese and international charitable organisations preparing a response.CAFAmerica currently works with a number of international emergency response and relief organizations that are providing services and support for the communities impacted by this disaster. These include the International Federation of Red Cross, Oxfam UK, Doctors Without Borders and Christian Aid. This list will be expanding as more organisations turn their focus to providing support.www.cafamerica.org/dnn/Resources/News/tabid/146/Default.aspx CAFAmerica helps donors support Japanese earthquake relief Tagged with: Charities Aid Foundation disaster Giving/Philanthropy About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of GoodJobs.org.uk. Researching massive growth in giving. AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThislast_img read more

USU Soccer-Utah Soccer Game Postponed Because of Poor Air Quality

first_imgAugust 24, 2018 /Sports News – Local USU Soccer-Utah Soccer Game Postponed Because of Poor Air Quality Written by FacebookTwitterLinkedInEmailLOGAN, Utah-The Friday afternoon women’s soccer match scheduled between Utah State and Utah was postponed because of poor air quality in the Cache Valley.As of 12:00 p.m. Friday, the air quality was 158 while 150 is considered the threshold for outdoors physical activity being unsafe.Information will be released on a game date and time at a future time. Brad James Tags: Cache Valley/Poor Air Quality/Postponement/Utah Soccer/Utah State Soccerlast_img

Proposed jury innovation amendments

first_imgProposed jury innovation amendments Proposed jury innovation amendments In Administrative Order In re: Final Report of the Jury Innovations Committee, Fla. Admin. Order No. AOSC03-04 (Oct.17, 2003), the Florida Supreme Court referred a number of the recommendations contained in the 2001 Report of the Jury Innovations Committee to the Florida Bar’s Civil Procedure Rules Committee, the Florida Bar’s Criminal Procedure Rules Committee, the Florida Bar’s Rules of Judicial Administration Rules Committee, the Florida Bar’s Code and Rules of Evidence Committee, the Supreme Court’s Committee on Standard Jury Instructions-Criminal, the Supreme Court’s Committee on Standard Jury Instructions-Civil, and the Supreme Court’s Criminal Court Steering Committee. The committees have submitted to the Court their reports, several of which contain proposed rule or jury instruction amendments implementing the recommendations.The Court invites all interested persons to comment on the committees’ proposed amendments, which are reproduced in full below and can be found, along with the full committee reports, online at www.floridasupremecourt.org/decisions/proposed.shtml. An original and nine paper copies of all comments must be filed with the Court on or before November 1, with a certificate of service verifying that a copy has been served on the committee chairs, Adrienne Frischberg Promoff, 44 West Flagler Street, Suite 2100, Miami 33130-6807; Aubrey George Rudd, 7901 Southwest 67th Ave., Suite 206, South Miami 33143-4538; George Euripedes Tragos, 600 Cleveland Street, Suite 700, Clearwater 33755-4158; Judge Winifred J. Sharp, Fifth District Court of Appeal, 300 South Beach Street, Daytona Beach 32114-5002; Judge Dedee Costello, P.O. Box 1089, Panama City 32402; Judge Chris. W. Alternbernd, Second District Court of Appeal, 1700 N. Tampa Street, Suite 300, Tampa 33602; and Judge O.H. Eaton, Seminole County Courthouse, 301 North Park Ave., Sanford 32771-1243, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. Electronic copies of all comments also must be filed in accordance with the Court’s Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004). IN THE SUPREME COURT OF FLORIDA IN RE: AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, THE FLORIDA RULES OF CRIMINAL PROCEDURE, THE STANDARD JURY INSTRUCTIONS IN CIVIL CASES, AND THE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES – IMPLEMENTATION OF JURY INNOVATIONS COMMITTEE RECOMMENDATIONS, CASE NO. SC05-1091 PROPOSED AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE RULE 1.200. PRETRIAL PROCEDURE(a) (No Change)(b) Pretrial Conference. After the action is at issue the court itself may or shall on the timely motion of any party require the parties to appear for a conference to consider and determine: (1) – (3) (No Change) (4) the limitation of the number of expert wit­nesses; and (5) the potential use of juror notebooks; and (6) any matters permitted under subdivision (a) of this rule. (c) – (d) (No Change) Committee Notes (No Change) Court Commentary (No Change) RULE 1.452. QUESTIONS BY JURORS (a) The court may permit jurors to submit to the court written questions directed to witnesses or to the court. When permitted, such questions will be submitted after all counsel have concluded their questioning of a witness. (b) Any juror who has a question directed to the witness or the court shall prepare an unsigned, written question and give the question to the bailiff, who will give the question to the judge. (c) Out of the presence of the jury, the judge will read the question to all counsel, allow counsel to see the written question, and give counsel an opportunity to object to the question. (d) If the court determines that the juror’s question calls for admissible evidence, (1) the answer may be stipulated by the parties in writing and read by the court to the jury, or (2) the court may pose the question to the witness and then may permit related questioning by counsel. The court may place conditions or limitations on such additional questioning or testimony. (e) If the court determines that the juror’s question calls for inadmissible evidence, the question shall not be read or answered. The court shall tell the jury that trial rules do not permit some questions and that the jurors should not attach any significance to the fact that the question was not answered. RULE 1.455. JUROR NOTEBOOKS In its discretion, the court may authorize documents and exhibits to be included in notebooks for use by the jurors during trial to aid them in performing their duties. Committee Notes 2007 Amendment. In trials of unusual duration or involving complex issues, juror notebooks may aid juror comprehension and recall of evidence, and their use should be encouraged. RULE 1.470. EXCEPTIONS UNNECESSARY (a) (No Change) (b) Instructions to Jury. Not later than at the close of the evidence, the parties shall file written requests that the court instruct charge the jury on the law set forth in such requests. The court shall then require counsel to appear before it to settle the instructions charges to be given. At such conference, all objections shall be made and ruled upon and the court shall inform counsel of such instructions charges as it will give. No party may assign as error the giving of any instruction charge unless that party objects thereto at such time, or the failure to give any instruction charge unless that party requested the same. The court shall orally charge the jury after the arguments are completed and, when practicable, shall furnish a copy of its charges to the jury. Before closing arguments, the court shall orally instruct the jury on the issues to be decided and provide any other instructions relevant to closing arguments. Upon completion of closing arguments, the court shall give any remaining instructions and may repeat any instruction before the jury retires to deliberate. The court shall provide each juror with a written set of the instructions for his or her use in deliberations. The court shall file a copy of such instructions. (c) (No Change) Committee Notes (No Change) FORM 1.984. JUROR VOIR DIRE QUESTIONNAIRE JURY QUESTIONNAIRE Instructions to Jurors You have been selected as a prospective juror. It will aid the court and help shorten the trial of cases if you will answer the questions on this form and return it in the enclosed self-addressed stamped envelope within the next 2 days. Please complete the form in blue or black ink and write as dark and legibly as you can. 1. Name (print). …………………………………………….. (first)(middle)(last) 2. Residence address. …………………………………….. 3. Years of residence: In Florida. …………………….. In this county. ……………….. 4. Former residence. ………………………………………. 5. Marital status: (married, single, divorced, widow, or widower). ………………………………….. 6. Your occupation and employer. …………………… 7. If you are not now employed, give your last occupation and employer. …………………………… 8. If married, name and occupation of husband or wife. ………………………………………………………. 9. Have you served as a juror before?. ……………… 10. Have you or any member of your immediate family been a party to any lawsuit?. ……… If so, when and in what court?. ……………………………. 11. Are you either a close friend of or related to any law enforcement officer?. …………………………… 12. Has a claim for personal injuries ever been made against you or any member of your family?. ….. 13. Have you or any member of your family ever made any claim for personal injuries? 1. Please print your full name:. ……………………………………………………………………………………. 2. State your residence address or, if you prefer, specify what neighborhood, subdivision, or part of the county you live in:. ………………………………………………………………………………… …………………………………………………………………………………………………………………………….. 3. How long have you lived in this county?. …………………………………………………………………. 4. Do you own your residence?. ………………………………………………………………………………….. 5. Briefly describe your formal education:. …………………………………………………………………… 6. Are you employed?. …………………… If so, what do you do?. ……………………………………….. Who is your employer?. ………………………………………………………………………………………….. 7. List all other types of employment you have had in your adult life:. …………………….. …………………………………………………………………………………………………………………………….. 8. If now unemployed, what was your most recent employment?. ……………………………………. 9. What is your marital status? Single. ………….. Married. ………….. Separated. ………….. Divorced. ………….. Widowed. ………….. 10. Do others live with you in your residence?. ………….. If so, what are their relationships to you?. …………………………………………………………………………………………………………………….. 11. Are any of the people who live with you employed?. ………….. If so, who is/are his, her, or their employer(s)?. …………………………………………………………………………………………….. . ……………………………………………………………………………………………………………………………. 12. Do you have any children who do not live with you?. ………….. If so, what are their ages?. …………………………………………………………………………………………………………………………….. 13. If any of your children who do not live with you are employed, what do they do?. ………… . …………………………………………………………………………………………………………………………….. 14. Have you or any member of your family ever worked for a law firm or in the court system?. ………………………………………………………………………………………………………………… 15. Have you or anyone close to you ever sued someone in ANY kind of case? (This includes divorce, domestic violence, child support, landlord-tenant, small claims or workers’ compensation, as well as business and injury disputes and any other litigation.). …………………………………………………………………………………………………………………………….. 16. Have you or anyone close to you ever been sued by someone in ANY kind of case?. …….. If so, please explain.. ………………………………………………………………………………………………. …………………………………………………………………………………………………………………………….. 17. Have you or anyone close to you ever consulted a lawyer because you or someone close to you suffered any kind of personal injury or harm?. …………………………………………………. 18. Have you ever been a witness in a lawsuit?. ………………………………………………………………. 19. Have you ever served on a jury?. ………….. If so, how many times?. ………….. How many were civil?. ………….. How many were criminal?. ………….. How many times did the jury reach a verdict?. ………….. How many times were you the foreperson?. ………………………… 20. Have you or anyone close to you been a crime victim?. ……………………………………………… 21. Have you or anyone close to you been charged with committing a crime?. …………………… 22. Do you or anyone close to you have any legal training?. ………….. If so, please describe:. …………………………………………………………………………………………………………………………….. 23. Do you or anyone close to you have any medical training?. ………….. If so, please describe:. ………………………………………………………………………………………………………………. 24. Do you or anyone close to you have any training, education, or degrees in any other technical or scientific field or any specialized area of knowledge?. ………….. If so, please describe:. ………………………………………………………………………………………………………………. 25. Are you a friend or relative of a law enforcement officer?. ………………………………………….. 26. Do you have any military experience? If so, please describe:. ………………………………………. …………………………………………………………………………………………………………………………….. 27. Do you have any medical condition or disability that may prevent or hinder you from serving on this jury, or that could make it difficult for you to participate as a juror or to understand the case and the evidence?. …………………………………………………………………… If so, is there an accommodation that can enable you to serve?. …………………………………… . …………………………………………………………………………………………………………………………….. 28. Are there any time constraints in your schedule or demands in your life that you would like the court to consider when deciding whether you must serve on this jury?. …………………………………………………………………………………………………………………………….. . …………………………………………………………………………………………………………………………….. 29. Will you be able to get to the courthouse for each day of jury duty?. ………….. If not, please explain:. ………………………………………………………………………………………………………. 30. Did you complete this form yourself or did someone assist you? (Circle one) Self Assisted Please describe any assistance you received:. …………………………………………………………….. ________________________ Juror’s Signature NOTE: This form does not have a caption as shown in form 1.901, but should be headed with the name of the court summoning the juror.PROPOSED AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE PROPOSED BY CRIMINAL COURT STEERING COMMITTEE: Rule 3.250. Accused as Witness In all criminal prosecutions the accused may choose to be sworn as a witness in the accused’s own behalf and shall in that case be subject to examination as other witnesses, but no accused person shall be compelled to give testimony against himself or herself, nor shall any prosecuting attorney be permitted before the jury or court to comment on the failure of the accused to testify in his or her own behalf , . and a defendant offering no testimony in his or her own behalf, except the defendant’s own, shall be entitled to the concluding argument before the jury. Committee Notes 2005 Amendment. The provision of this rule that allows the defendant to have opening and concluding argument if no evidence other than the testimony of the accused is presented is superseded by Rule 3.381. Rule 3.381 Final Arguments . In all criminal prosecutions, the state shall be entitled to an opening and a concluding argument before the jury or the court sitting without a jury. Committee Notes 2005 Adoption . This rule allows the state attorney to have opening and closing argument before the jury. The rule was proposed because the state has the burden of proof and to bring Florida practice in line with the practice in civil cases and in other jurisdictions. That part of Rule 3.250 that provides for a different order of final argument is repealed. Rule 3.390. Jury Instructions (a) Subject of Instructions. The presiding judge shall charge the jury only on the law of the case at the conclusion of before or after the argument of counsel and may provide appropriate instructions during the trial. If the instructions are given prior to final argument, the presiding judge shall give the jury final instructions after final arguments are concluded and prior to deliberations. Except in capital cases, the judge shall not instruct the jury on the sentence that may be imposed for the offense for which the accused is on trial. (b) – (e) (No Change) Committee Notes 2005 Amendment. This amendment allows the trial court the discretion to instruct the jury on matters of law during the trial and either before or after the final arguments. The amendment implements Recommendation 31 of the Final Report of Jury Innovations Committee which encourages judges “to deliver their final instructions to the jury before closing arguments.” The amendment contemplates that the presiding judge will at least read Standard Jury Instruction 2.05 (Rules for Deliberation), 2.07 (Cautionary Instruction) and 2.09 (Submitting Case to Jury) after final arguments have been concluded.PROPOSED BY CRIMINAL PROCEDURE RULES COMMITTEE: RULE 3.390. JURY INSTRUCTIONS (a) (No Change) (b) Form of Instructions. Every The charge to a jury shall be orally delivered , and charges in capital cases shall , and in the discretion of the court in noncapital cases may, also be in writing. All written charges shall also be filed in the cause. Charges in other than capital cases shall be taken by the court reporter and, if the jury returns a verdict of guilty, transcribed by the court reporter and filed in the cause. (c) – (e) (No Change) Committee Notes (No Change) RULE 3.400. MATERIALS TO THE JURY ROOM (a) Discretionary Materials. The court may permit the jury, upon retiring for deliberation, to take to the jury room: (1) – (2) (No Change) (3) in noncapital cases, any instructions given; but if any instruction is taken all the instructions shall be taken; ( 4 3 ) all things received in evidence other than depositions. If the thing received in evidence is a public record or a private document which, in the opinion of the court, ought not to be taken from the person having it in custody, a copy shall be taken or sent instead of the original. (b) Mandatory Materials. In capital cases, t T he court must provide the jury, upon retiring for deliberation, with a written copy of all the instructions given to take to the jury room Committee Notes (No Change) RULE 3.9855. JUROR VOIR DIRE QUESTIONNAIRE JUROR VOIR DIRE QUESTIONNAIRE 1. Name and date of birth __________________________________________ 2. What city, town or area of the county do you live in? ___________________ Zip code _________ 3. Years of residence: In Florida _________ In this county_ ________ 4. Former residence _______________________________________________ 5. Marital status (married, single, divorced, widow, or widower) ____________ 6. Your occupation and employer __________________________________ __ ______________________________________________________________ 7. If you are not now employed, give your last occupation and employer ____________________________________________________________________________________________________________________________ 8. If married, name and occupation of spouse __________________________ ______________________________________________________________ 9. Have you ever served as a juror before? yes _____ no ____ If yes, civil ____ criminal ____ Did the jury reach a verdict? yes _____ no _____ Were you the foreperson? yes _____ no _____ 10. If you have children, give the age, sex and occupation of those children _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ 11. Are you either a close friend or relative of any law enforcement officer? ____ 12. Have you, a close friend, or family member been the victim of a crime? ____ 13. Have you, a close friend, or family member been arrested or accused of a crime? ____PROPOSED AMENDMENTS TO THE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES (The Committee on SJI-Criminal does not endorse allowing questions by jurors; but, offers the following instruction to be used should the Court approve this recommendation.) QUESTIONS BY JURORS During the trial you may have a question that you think should be asked of a witness. You are bound by the same rules of evidence and procedure as the attorneys. In light of those rules, we will follow this procedure. When the attorneys have finished asking their questions of a witness, I will ask if any of you have questions. If you do, please write the question down, fold it, and give it to the bailiff without showing it to or discussing it with any other jurors. Please do not identify yourself on the question. I will meet with the attorneys to determine if it is an appropriate question. If it is, I will pose the question to the witness, the witness will answer, and the attorneys will then have the opportunity for follow up questions if they wish. If the question is not permitted by the rules of evidence and procedure, I won’t ask it. Please do not draw any inferences or come to any conclusions if one of your questions is not asked. It is merely that the question, or its answer, is inadmissible as a matter of law. Please do not feel obligated to ask questions. Juror questions are permitted in the event that you missed something or didn’t understand something, or if it would be helpful in clarifying something about the testimony which you have just heard from a witness. Proposed instruction: NOTE-TAKING BY JURORS To be given during preliminary instructions: You will be permitted to take notes during the testimony. I want to emphasize that none of you are required to take notes. Indeed, you should not do so if you think that note taking may distract your attention from the evidence or testimony of the witnesses in the case. On the other hand, if you think that taking notes might better focus your attention on the witnesses and the evidence, or might better help you to recall what went on during the trial, please feel free to take notes. Whether or not you take notes, you should rely on your memory of the evidence and you should not be unduly influenced by the notes of other jurors. Notes are not entitled to any greater weight than each juror’s memory of the evidence. Your notes must remain either in the courtroom or in the jury room. Please identify your notes in some fashion as they will be left in the jury box during short recesses, or secured in the jury room overnight. At no time will anyone, including me, look at any of your notes. At the end of the trial, after you have finished your deliberations and after your verdict has been announced in open court, I will ask that each of you give your notes to the bailiff. Thereafter, I will insure that your notes are destroyed so that no one ever has access to them. NOTE TO JUDGE: If note taking is to be permitted, consider providing similar pads and pens/pencils to the jurors. Consider also the security of any notes, such as providing envelopes or file folders for the jurors to identify and enclose their notes. Consider also explaining to jurors the manner in which their notes will be destroyed. Consider also whether or not there will be any post-verdict involvement by the jury, such as a penalty phase, and whether notes should or should not be preserved by the court for that second proceeding whenever it occurs. To be given during closing instructions: You have been allowed to take notes during the testimony. If you have done so, you may take those notes with you to the jury room. You should not consider these notes as binding or conclusive, whether they are your notes or the notes of another juror. Any notes are to be used as an aid to the memory of the note taker and not as a substitute for it. It is your recollection of the evidence that must control. Whether or not you have taken notes, you should rely on your memory of the evidence. You should not be unduly influenced by the notes of other jurors. Notes are not entitled to any greater weight than each juror’s memory of the evidence. You should disregard anything contrary to your recollection that may appear from your own notes or those of another juror. You should not give greater weight to a particular piece of evidence solely because it is referred to in a note taken by a juror. As I have previously told you, after your verdict has been announced in open court your notes will be collected and destroyed. Proposed amendment to Instruction 4.2, Instruction Upon Discharge of Jury: POST-VERDICT DISCUSSIONS Although you are at liberty to speak with anyone about your deliberations, you are also at liberty to refuse to speak to anyone. A request to discuss either your verdict or your deliberations may come from those who are simply curious, from those who might seek to find fault with you, from the media, from the attorneys, or elsewhere. It will be up to you to decide whether to preserve your privacy as a juror. Inclusion of the phrase “from the attorneys” is predicated upon the possibility that court permission for attorney inquiry might occur rather than the general prohibition of such contact. The Committee considered but declined to recommend more specific language due to its concern that doing so could suggest or serve to interject the trial judge into matters over which there is no jurisdiction or ability to effectively enforce a solution.PROPOSED AMENDMENTS THE STANDARD JURY INSTRUCTIONS IN CIVIL CASES Draft Instruction 1.9 QUESTIONS BY JURORS During the trial, you may have a question you think should be asked of a witness. If so, there is a procedure by which you may request that I ask the witness a question. After all the attorneys have completed their questioning of the witness, you should raise your hand if you have a question. I will then give you sufficient time to write the question on a piece of paper, fold it, and give it to the bailiff, who will pass it to me. You must not show your question to anyone or discuss it with anyone. I will then review the question with the attorneys. Under our law, only certain evidence may be considered by a jury in determining a verdict. You are bound by the same rules of evidence that control the attorneys questions. If I decide that the question may not be asked under our rules of evidence, I will tell you. Otherwise, I will direct the question to the witness. The attorneys may then ask follow-up questions if they wish. If there are additional questions from jurors, we will follow the same procedure again. providing this procedure, I do not mean to suggest that you must or should submit written questions for witnesses. In most cases, the lawyers will have asked the necessary questions. It is important, however, that you have all of the information you need to make a proper decision in this case. Therefore, do not hesitate to ask a question if you feel there is something you need to know from a witness, and it has not been brought out by previous questions. Draft Instruction 1.8 NOTE-TAKING BY JURORS a. Note-taking permitted If you would like to take notes during the trial, you may do so. On the other hand, of course, you are not required to take notes if you do not want to. That will be left up to you individually. You will be provided with a note pad and a pen for use if you wish to take notes. Any notes that you take will be for your personal use. However, you should not take them with you from the courtroom. During recesses, the bailiff will take possession of your notes and will return them to you when we reconvene. After you have completed your deliberations, the bailiff will deliver your notes to me. They will be destroyed. No one will ever read your notes. If you take notes, do not get so involved in note-taking that you become distracted from the proceedings. Your notes should be used only as aids to your memory. Whether or not you take notes, you should rely on your memory of the evidence and you should not be unduly influenced by the notes of other jurors. Notes are not entitled to any greater weight than each juror’s memory of the evidence. NOTES ON USE 1. It is within the court’s discretion to allow the jurors to take notes. Kelley v. State, 486 So.2d 578 (Fla. 1986). If note-taking is allowed, the The court should furnish all jurors with the necessary pads and pens for taking notes. Additionally, it may be desirable for jurors to be furnished with envelopes to place the notes for additional privacy. 2. Note-taking permitted, 1.8a, should be given as part of preliminary instructions when the judge has decided to allow jurors to take notes. b. Note-taking not permitted. A question has arisen as to whether jurors may take notes. You are instructed not to take notes. One of the reasons for having several persons on the jury is to gain the advantage of your individual memories concerning the evidence. A juror engrossed in note-taking may miss evidence or fail to appreciate the demeanor of a witness. Additionally, there may be a tendency for jurors to rely on others’ notes and be less attentive during the trial or during deliberations to abandon their recollections of the evidence in favor of the written notes of another. NOTES ON USE OF 1.8b Note-taking not permitted, 1.8b, may be given at any time during the trial the question is raised or as part of the preliminary instructions. Alternative Draft Instruction 1.8 NOTE-TAKING BY JURORS Note pads and pens have been provided so that you may take notes during the trial if you wish. You are not, of course, required to take notes. Some people find it useful in receiving information to take notes. Some people do not. Indeed, you should not take notes if you think that note taking may distract your attention from the evidence or testimony of the witnesses in the case. On the other hand, if you think that taking notes might better focus your attention on the witnesses and the evidence, or might better help you to recall what went on during the trial, please feel free to take notes. I will leave it completely in your discretion. Any notes you take are for your personal use. They are to be used only as an aid to your memory, and you should not rely on your notes to the exclusion of other recollection. A jury’s verdict should be the result of the collective memories of all of the jurors, and you should not abandon your recollection solely because of what is contained in the written notes of a juror. You will be able to refer to your notes during the trial and during your deliberations, but you should not take them from the courtroom during the trial. The bailiff will maintain the confidentiality of your notes during recesses and will ensure they are destroyed immediately after the trial. No one will ever read your notes. -To be given during preliminary instructions before testimony begins. ( The Committee on SJI-Civil recommends that the following language, or similar language, be added at the beginning of Standard Instruction 7.2. If the Court decides to permit or require final instructions prior to closing argument, it is likely that the Committee would prepare a new instruction that combines the existing Standard Instructions 7.1 and 7.2.) Draft Instruction 7.2 USE OF NOTES DURING DELIBERATIONS; ELECTION OF FOREMAN; VERDICT FORMS [See additional language concerning read-backs added to Standard Instruction 7.2] Any notes you have taken during the trial may be taken to the jury room for use during your discussions. Your notes are simply an aid to your own memory, and neither your notes nor those of any other juror are binding or conclusive. For this reason, you should not be unduly influenced by anyone’s notes, including your own, and you should not give greater weight to a particular piece of evidence or testimony merely because it is mentioned in a juror’s notes. Your notes are not a substitute for your own memory or that of other jurors. Instead, your verdict must result from the collective memory and judgment of all jurors based on the evidence and testimony presented during the trial. You should consider the recollections of other jurors, but you need not abandon your own recollection of the evidence and testimony merely because your recollection differs from the written notes of another juror. At the conclusion of the trial, the bailiff will collect all of your notes and immediately destroy them. No one will ever read your notes. Discussion Draft Only PRELIMINARY INSTRUCTION 1.1(a) PROPOSAL [Prior to Voir Dire] What is this proceeding? Let me start out by telling you what this proceeding is. This is a civil trial. A civil trial is different from a criminal case, where a defendant is charged by the state prosecutor with committing a crime. The subject of a civil trial is a disagreement between people or companies [or others, as appropriate], where the claims of one or more of these parties has been brought to court to be resolved. It is called “a trial of a lawsuit”. [Insert brief description of claim(s) brought to trial in this case] Who are the people here and what do they do? Now let me introduce the people here and explain what they do. Judge/Court: I am the Judge. You may hear people occasionally refer to me as “The Court”. That is the formal name for my role. My job is to maintain order and decide how to apply the rules of the law to the trial. I will also explain various rules to you that you will need to know in order to do your job as the jury. It is my job to remain neutral on the issues of this lawsuit. Attorneys: The attorneys to whom I will introduce you have the job of representing their clients. That is, they speak for their client here at the trial. They have taken oaths as attorneys to do their best and to follow the rules for their profession. Plaintiff’s Counsel : The attorney on this side of the Courtroom [introduce by name] represents [client name], and is the person who filed the lawsuit here at the courthouse. Her job is to present her client’s side of things to you. She and her client will be referred to most of the time as “the plaintiff.” Defendant’s Counsel : The attorney on this side of the Courtroom [introduce by name] represents [client name], the one who has been sued. Her job is to present her client’s side of things. She and her client will usually be referred to here as “the defendant.” Court Clerk: This person sitting in front of me [name] is the court clerk. She is here to assist me with some of the mechanics of the trial process, including the numbering and collection of the exhibits that are introduced in the course of the trial. Court Reporter: The person sitting at the stenographic machine, [name], is the Court Reporter. Her job is to keep an accurate legal record of everything we say and do during this trial. Bailiff: The person over there [name] is the Bailiff. Her job is to maintain order and security in the courtroom. The Bailiff is also my representative to the jury. Anything you need or any problems that come up for you during the course of the trial should be brought to her. However, the bailiff cannot answer any of your questions about the case. Only I can do that. Jury: Last, but not least, is the jury, which we will begin to select in a few moments from among all of you. The jury’s job will be to decide what the facts are and what the facts mean. Jurors should be as neutral as possible at this point and have no fixed opinion about the lawsuit. At the end of the trial the jury will give me a written verdict. A verdict is simply the jury’s answer to my questions about the case. Voir Dire : The last thing I want to do, before we begin to select the jury, is to explain to you how the selection process works. Questions/Challenges. This is the part of the case where the parties and their lawyers have the opportunity to get to know a little bit about you, in order to help them come to their own conclusions about your ability to be fair and impartial, so they can decide who they think should be the jurors in this case. How we go about that is as follows: First, I’ll ask some general questions of you. Then, each of the lawyers will have more specific questions that they will ask of you. After they have asked all of their questions, I will meet with them and they will tell me their choices for jurors. Each side can ask that I exclude a person from serving on a jury if they can give me a reason to believe that he or she might be unable to be fair and impartial. That is what is called a challenge for cause. The lawyers also have a certain number of what are called peremptory challenges, by which they may exclude a person from the jury without giving a reason. this process of elimination, the remaining persons are selected as the jury. It may take more than one conference among me, the parties and their attorneys before the final selections are made. Purpose of Questioning. The questions that you will be asked during this process are not intended to embarrass you or unnecessarily pry into your personal affairs, but it is important that the parties and their attorneys know enough about you to make this important decision. If a question is asked that you would prefer not to answer in front of the whole courtroom, just let me know and you can come up here and give your answer just in front of me and the attorneys. If you have a question of either the attorneys or me, don’t hesitate to let us know. Response to Questioning. There are no right or wrong answers to the questions that will be asked of you. The only thing that I ask is that you answer the questions as frankly and as honestly and as completely as you can. You [will take] [have taken] an oath to answer all questions truthfully and completely and you must do so. Remaining silent when you have information you should disclose is a violation of that oath as well. If a juror violates this oath, it may result not only in having to try the case all over again, but also can result in civil and criminal penalties against a juror personally. So, again, it is very important that you be as honest and complete with your answers as you possibly can. If you don’t understand the question, please raise your hand and ask for an explanation or clarification. In sum, this is a process to assist the parties and their attorneys to select a fair and impartial jury. All of the questions they ask you are for this purpose. Only you know if you can be a fair and impartial juror in this particular case, so if you think that you cannot be, for whatever reason, I am sure that both sides would appreciate you saying so. ________________________________________________________________ PRELIMINARY INSTRUCTION 1.1(b) PROPOSAL [After Jury Selection] What will be happening? You have now taken an oath to serve as jurors in this trial. Before we begin, I want to take a few moments to let you know what you can expect. Opening Statements: In a few moments, the attorneys will each have a chance to make what are called opening statements. An opening statement is a short speech in which an attorney is allowed to give you her views about what the evidence will be in the trial and what you are likely to see and hear in the testimony. It is important that you remember that the principal job of an attorney during a trial is to bring in the evidence by asking questions of witnesses. They do not give testimony and they are not themselves witnesses. Evidentiary Phase: After the attorneys’ opening statements the plaintiffs will bring their witnesses and evidence to you. Evidence. Evidence means material that applies to the case that the law allows you to see or hear. Evidence includes the testimony of the witnesses, documents, and anything else that you are allowed to consider in reaching your verdict. Witnesses .. A witness is a person who takes an oath to tell the truth and then answers attorneys’ questions for the jury. The answering of attorneys’ questions by witnesses is called “giving testimony”. Testimony means statements that are made when someone has sworn an oath to tell the truth. The plaintiff’s lawyer will normally ask a witness the questions first so as to provide you the testimony that the plaintiff’s lawyer believes is helpful to her case. That is called direct examination. Then the defense lawyer will get to ask the same witness additional questions about whatever the witness has testified to. That is called cross-examination. Certain documents or other evidence may also be shown to you during direct or cross-examination. After the plaintiff has presented her witnesses, the defendant will have the opportunity to put witnesses on the stand and go through the same process. Then the plaintiff’s lawyer gets to do cross-examination. The process is designed to be fair to both sides. Objections : Sometimes the attorneys will disagree about the rules for trial procedure when a question is asked of a witness. When that happens, one of the lawyers will usually stand and make what is called an “objection.” The rules for a trial can be complicated, and there are many reasons for attorneys to object. You should simply wait for me to decide how to proceed. If I say that an objection is “sustained,” that means that I have decided that the objection is appropriate and the witness should not answer the question. If I say that the objection is “overruled,” that means I have decided that the question is within the rules and can be asked and answered. When there is an objection and I make a decision, you should not assume from that decision, that I have any particular opinion other than that the rules for conducting a trial are being correctly followed. If I say a question may not be asked or answered, you should not try to guess what the answer would have been. That is against the rules, too. Side Bar Conferences: Sometimes I will need to speak to the attorneys about legal elements of the case that are not appropriate for the jury to hear. The attorneys and I will try to have as few of these conferences as possible while you are giving us your valuable time in the courtroom. But, if we do have to have such a conference during testimony, we will try to hold the conference at the side of my desk so that we do not have to take a break and ask you to leave the courtroom. Recesses: Breaks in an ongoing trial are usually called “recesses.” During a recess you still have your duties as a juror and must follow the rules, even while having coffee, at lunch, or at home. Instructions Before Closing Arguments : After all the evidence has been presented to you, I will instruct you in certain elements of the law which you must follow. It is important that you remember these instructions to assist you in evaluating the final attorney presentations, which come next, and, later, during your deliberations, to help you correctly sort through the evidence to reach your decision. Closing Arguments: The attorneys will then have the opportunity to make their final presentations to you, which are called closing arguments. A closing argument is a speech in which an attorney is allowed to tell you what facts she thinks have been proved and what she thinks your decision should be. These are the attorneys’ final statements of opinion about the case. They are meant to be useful to you in organizing your thinking about the trial and coming to your final decision about the facts. Final Instructions: After you have heard the closing arguments, I will instruct you further in the law as well as explain to you the procedures you must follow to decide the case. Deliberations: After you hear the final jury instructions, you will go to the jury room and discuss and decide the questions I have put on your verdict form. [You will have a copy of the jury instructions to use during your discussions.] The discussions you have and the decisions you make are usually called “jury deliberations.” Your deliberations are absolutely private and neither I nor anyone else will be with you in the jury room. Verdict: When you have finished answering the questions, you will give the verdict form to the Bailiff and we will all return to the courtroom where your verdict will be read. When that is completed, you will be released from your assignment as a juror. What are the rules? Before we begin the trial, I want to give you just a brief explanation of the applicable rules. Keeping an Open Mind. You should pay close attention to the testimony and other evidence as it comes into the trial. However, you should avoid forming any final opinion or tell anyone else your views on the case until the end of the trial. This rule is to encourage you to keep an open mind until you have heard all of the evidence and to prevent you from influencing how your fellow jurors think until they have heard all of the evidence and had an opportunity to form their own opinions. The time and place for coming to your final opinions and speaking about them with your fellow jurors is during deliberations in the jury room, after all of the evidence has been presented, closing arguments have been made and I have instructed you on the law. It is important that you hear all of the facts and that you hear the law and how to apply it before you start deciding anything. Only Consider the Evidence. It is the things you hear and see in this Courtroom that matter in this trial. The law tells us that a juror can only consider testimony and other evidence that all the other jurors have also heard and seen in the presence of the judge and the lawyers. Doing anything else is wrong and is against the law. That means that you cannot do any homework or investigation of your own. You cannot obtain on your own any information about the case or about anyone involved in the case, from any source whatsoever, including the internet, and you cannot visit places mentioned in the trial. The law also tells us that jurors cannot have discussions of any sort with friends or family members about the case or its subject. So, do not let even the closest family members make comments to you or ask questions about the trial. Similarly, it is important that you avoid reading any newspaper accounts or watching or listening to television or radio comments that have anything to do with this case or its subject. No Mid-Trial Discussions. When we are in a recess, do not discuss anything about the trial or the case with each other or with anyone else. If attorneys approach you, don’t speak with them. The law says they are to avoid contact with you. If an attorney will not look at you or speak to you, do not be offended or form a conclusion about that behavior. The attorney is not supposed to interact with jurors outside of the courtroom and is only following the rules. She is not being impolite. If an attorney or anyone else does try to speak with you or says something about the case in your presence, please inform the Bailiff immediately. Only the Jury Decides. Discussing and deciding the facts is your job alone. Only you get to deliberate and answer the verdict questions at the end of the trial. I will not intrude into your deliberations at all. You should not try to guess what my opinion is about any part of the case. You should not assume that I prefer one decision over another. I am required to be neutral. Do not let anything I say or do lead you to conclude that I am for one side or another in the trial. That would be wrong. You are the jury, and your opinion is the only one that matters. Draft INSTRUCTIONS 2.1 AND 2.2 (Introductory Instruction and Believability of Witnesses) Ladies and Gentlemen, you have now heard all the evidence [“ and arguments”] if this instruction is given after attorney closing arguments]. Soon you will go to your jury room to discuss and decide this case. Your specific job will be to answer certain questions I ask you to answer on a special form, called a verdict form. You must come to an agreement about what your answers will be. Your agreed-upon answers to my questions are called your jury verdict. In reaching your verdict, you must think about and weigh the testimony and any documents, photographs, or other materials you are shown here in Court. You may also consider any facts that were admitted or agreed to by the lawyers. The key part of your job is deciding what the facts are wherever there is disagreement about them. You may use reason and common sense to reach conclusions. But, you should not guess about things that were not covered here. You should always apply the law as I explain it to you. Let me speak briefly about witnesses. Your job as jurors is to decide how believable a witness is and how to apply that witness’ testimony in helping to decide the facts of the case. You should use your experience with people and your common sense to decide these things about a witness. Different jurors may go about this task in different ways. The approach you use should be reasonable, but it is up to you. However, you should never simply guess about a witness or the witness’s testimony. You have also heard opinions from witnesses who were referred to as experts. You should use the same rules of common sense and experience in deciding about the testimony of an expert witness. FINAL INSTRUCTIONS BEFORE CLOSING ARGUMENT Draft Instruction 1. 1 (Draft includes only the affected portion of Standard Instruction 1.1) Steps in trial. Before proceeding further, it will be helpful for you to understand how a trial is conducted. In a few moments, the attorneys for the parties will have an opportunity to make opening statements, in which they may explain to you the issues in the case and summarize the facts that they expect the evidence will show. Following the opening statements, witnesses will be called to testify under oath. They will be examined and cross-examined by the attorneys. Documents and other exhibits also may be received as evidence. After all the evidence has been received, the attorneys will again I will instruct you on the law that applies to this case. The attorneys will then have an opportunity to address you and to make their final arguments. The statements that the attorneys now make and the arguments that they later make are not to be considered by you either as evidence in the case or as your instruction on the law. Nevertheless, these statements and arguments are intended to help you properly understand the issues, the evidence, and the applicable law, so you should give them your close attention. Following the final arguments by the attorneys, I will instruct you on the law give you some additional instructions concerning your deliberations. Bifurcated proceedings. [The presentation of evidence and your deliberations may occur in two stages. The second stage, if necessary, will occur immediately after the first stage.]* *Refer to Note 3 of Notes on Use The SJI-Civil recommends that all substantive instructions be given prior to closing argument. Unless something occurs during closing arguments that would warrant repetition of these instructions, the only instructions that should be given following closing arguments are Standard Instructions 7.1 and 7.2. To remind the trial judges and attorneys of these new procedures and to emphasize the importance of written instructions, the SJI-Civil recommends inserting the following notes of use. At the end of Standard Instruction 2.1, the Introductory Instruction, add: NOTE ON USE Each juror should be provided with a full set of jury instructions for use during their deliberations. The trial judge may find it useful to provide these instructions to the jurors when the judge reads the instructions in open court so that jurors can read along with the judge, as the judge read the instructions aloud.At the end of Standard Instruction 7.1 and 7.2 add: NOTE ON USE When final instructions are read to the jury before the attorneys’ closing arguments, this instruction should not be given at that time. It should be given following closing arguments, just before the jury retires to deliberate. Draft Instruction 7.3(a) ANSWERS TO JUROR INQUIRIES DURING DELIBERATIONS Members of the jury, I have discussed your[note][question] with the attorneys. You have [asked the following question][made the following request]: (read juror’s note) If I have not read your [note][question] correctly, please raise your hand. (clarify question as needed)1. The answer is: (respond to question) OR 2. I am not able to [answer][respond to] this [question][request] because it [calls for information that is not in evidence][is not proper to be considered in this case] (other reason why question or request is improper). Your decision must be based only on the evidence presented in the trial and the law that I have given you.] [If you have any other specific questions, please send another note, and I will see if I can answer it.] (other appropriate response) NOTES ON USE OF 7.3(a) 1. The procedure contained in 7.3(a) assumes that a juror question or request will be in writing. Oral questions from jurors are discouraged. 2. In responding to a juror’s question or request, the court should answer as specifically as possible. To avoid inadvertent error, it is a good practice to prepare a written answer with the assistance of the attorneys and then read this answer to the jury. 3. All written questions and answers should be preserved and placed in the court file. Draft Instruction 7.3(b) READ-BACK OF TESTIMONY 1. Read-Back granted as requested Members of the jury, you have asked that the following testimony be read back to you: (describe testimony) The court reporter will now read the testimony which you have requested. OR 2. Read-Back Deferred Members of the jury, I have discussed with the attorneys your request to have certain testimony read back to you. It will take approximately (amount of time) to have the court reporter prepare and read back the requested testimony. I now direct you to return to the jury room and discuss your request further. If you are not able to resolve your question about the requested testimony by relying on your collective memory, then you should write down a more specific description of the part of the witness(es)’ testimony which you want to hear again. Make your request for reading back testimony as specific as possible. 3. Read-Back Denied Members of the jury, you have asked that the following testimony be read back to you: (describe testimony) I am not able to grant your request because (give reason(s) for denying request). NOTE ON USE Any read-back of testimony should take place in open court. Transcripts or tapes of testimony should not be sent back to the jury room. Draft Instruction 7.3(c) JURY DEADLOCKED Members of the jury, it is your duty to agree on [a verdict] [verdicts] if you can do so without violating conscientiously held convictions that are based on the evidence. No juror, from mere pride of opinion hastily formed or expressed, should refuse to agree. Yet, no juror, simply for the purpose of terminating the case, should acquiesce in a conclusion that is contrary to his own conscientiously held view of the evidence. In determining the facts, you should rely on your collective memories of the testimony. If you have been unable to resolve your differences as to what a witness said, you may ask that the court reporter read back to you a specific portion of any witness’s testimony. Because the typing of the court reporter’s notes can take a large amount of time, any request to have testimony read back should be as specific as possible. You should listen to each other’s views, talk over your differences of opinion in a spirit of fairness and candor and, if possible, resolve your differences and come to a common conclusion, so that [a verdict] [verdicts] may be reached and this case may be disposed of. You may retire to the jury room for further deliberations. ( In order for the jury to understand that it can request read-backs or ask questions, the Committee on SJI-Civil recommends that the last paragraph of Standard Instruction 7.2 be modified in the following manner.) Draft Instruction 7.2 USE OF NOTES DURING DELIBERATIONS; ELECTION OF FOREMAN; VERDICT FORMS [See additional language concerning use of notes added to 7.2 above] When you retire to the jury room, you should select one of your number to act as the foreperson foreman [or forewoman] to preside over your deliberations and sign your verdict[s]. Your verdict[s] must be unanimous, that is, your verdict[s] must be agreed to by each of you. You will be given (state the number) forms of verdict, which I shall now read to you: [If you find for the plaintiff[s], your verdict will be in the following form: (read form of verdict).] [If you find for the defendant[s], your verdict will be in the following form: (read form of verdict).] When you have agreed on your verdict[s], the foreperson foreman [or forewoman], acting for the jury, should date and sign the appropriate form[s] of verdict. If any of you need to communicate with me for any reason, write me a note and give it to the bailiff. In your note, do not disclose any vote or split or the reason for the communication. You may now retire to consider your verdict[s]. October 1, 2005 Regular Newslast_img read more

Rosemary Hilda Luers, age 84

first_imgRosemary love Bingo and played twice a week. She loved to watch the Game Show Network and sports, especially baseball, football and the Indy 500.  She looked forward to eating out with her brothers at McDonalds where her favorite was the Big Mac and she always had a coupon.  She also enjoyed quilting, jigsaw puzzles and visiting friends but most of all, she loved being with her family, especially her grandchildren. Rosemary’s wishes were to be cremated. The family will have a private service at a later date.  Meyers Funeral Home, Batesville was in charge of arrangements.  Online condolences at www.meyersfuneralhomes.com Rosemary Hilda Luers, age 84 passed away Wednesday, January 6, 2016 at her home in Batesville, IN. Born March 31, 1931 in Connersville, IN she was the daughter of Jacob & Ida (Humig) Amberger.  She married Donald Luers on July 7, 1962 at Adams Lutheran Church.center_img Rosemary is survived by her husband Donald Luers, daughter Sandy (Albert) Meyer of Batesville, and sons Dennis Luers of Greenwood, IN and Randy (Debbie) Luers of Batesville. She will also be missed by her grandchildren Ben & Emily Meyer and Kyle, Stacy & Keith Luers, great grandson Konnor Luers, along with her brother George Amberger of Batesville and her twin brother Ben Amberger of Morris, IN.  In addition to her parents, she was preceded in death by her sisters Catherine Wells and Mary Johnson and an infant brother Joseph Amberger.last_img read more