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Show .4 IJ. 0 Q X . JGk , & - , .. Fridoy, October 21, 1983 VefMl bfytttt 3 THE SEATING order of potential jurors is a very important part of the selection process. Selection of jurors is a difficult process The selection of jurors for a circuit court trial isn't the simple task that is portrayed by television programs and movies, it is a complicated process and the method of selection and the number of presiding jurors depends on the type of case. Potential jurors are choosen a year in advance and that process begins in November prior to the coming year. The first step in selecting a jury begins with a jury commission. A jury commission com-mission is made up of one Democrat and one Republican in the county. Selection of the commission is made by the County Commissioners at random. The commission selects a group of people for potential jurors. Your chance to serve can come approximately approx-imately every two years. Selection of potential jurors is based on records supplied by the drivers' license bureau. In December, after the selection has been made a questionnaire is sent to all the people on the list. The questionnaire question-naire is comprised of very general questions. The county clerk sends the questionnaire and it should be returned return-ed within 10 days, so th clerk will have access to the records at the beginning begin-ning of the year. The county clerk will pull 20 to 25 names out of the general pool, the people selected in this pool are required re-quired to serve on jury duty for three months. This process continues four times until the end of the year. After the selection has been made the 20-25 people must show up in court the morning of the trial. To serve on the jury, they must first meet some simple requirements. These requirements include: being a citizen of the United States, being a resident of Uintah County, being able to speak, read, and understand the English language and being at least 18 years of age. If you have been convicted of a felony, served in active duty in the military or are physically incapable of serving on a jury then you are considered con-sidered an incompetent juror. Physical incapabilities usually refer to someone who is deaf or blind, but is not necessarily limited to these. On occasions a competent person can be excused from jury duly, du-ly, according the the law. "A person can be excused from jury service upon showing undue hardship, extreme in-convenience in-convenience or public necessity for any period that the court deems twessnry." An example of being excused for public nrccsMiy would include so-nuHine so-nuHine who work In flood control being be-ing excused during the flooding F.vrn f a person is excused by a jii'ti'.e It d'ws nut mean tbry won"! have In wrvc their three month period, it (inly ttiiMiw Ihry nre excused for the lime In-ing IV next strjt in the wltvtion U a lit-w!e lit-w!e complicated. The County Clerk draws the names of the remaining remain-ing persons at random, this drawing determines the seating order of persons per-sons in the jury box. The judge then begins the voir dire portion of selection. Judge Richard Davidson of the circuit cir-cuit court remarked that it is extremely extreme-ly rare he will excuse someone from jury service. He said that "strict guidelines are needed in excusing jurors otherwise the system would break down." During the voir dire and initial selection selec-tion of jurors in criminal and civil cases the accused and attorneys are also present in the open courtroom. In a capital case the procedure varies slightly. The voir dire portion of the selection involves the questioning of those people peo-ple left in the jury box. The judge then asks the potential jurors such questions ques-tions as: their name, where they're from, if they're married, occupation, and occupation of spouse. After the judge completes his questioning, ques-tioning, he introduces the attorneys and the parties in the case. The attorneys at-torneys then question the potential jurors to find out if they have any feelings feel-ings or prejudices of the case. During the entire questioning period, potential jurors are under oath and are required to tell the truth. At this point in the selection, it isn't uncommon for the judge to excuse a person for one reason or another. Again Davidson remarked that they . are only excused for the time being. After the lawyers have passed the potential jury in criminal cases, a line is drawn under the 16th person's name that was selected in the random drawing, draw-ing, those names apppearing after the 16th name are excused, but most remain re-main until the jury is selected. In a civil case the line is drawn under the 14th name on the list and those following follow-ing the 14th name are excused, but also remain until the jury is selected. This begins the preemptory challenge state of selection. At this time lawyers can excuse jurors for whatever reason they want. In a criminal case they have four of these challenges and in a civil case they have three. The challenges are done one at a time alternating between attorneys. When the preemptory stage is completed com-pleted then all those not selected for Jury duty are excused and may leave the courtroom. In a criminal and civil case there are eight jurors, only in a capital case are there 12 jurors. All jurors, even those not selected, are compensated for their time and mileage. The jurors are again seated in the jury box in the same order that their names are drawn earlier. The Jury is then sworn In and instructed by the Judge. Some of the things that the judge must tell the Jurors arc the fact that it in their duty to follow the taw regardlm of what tbry brlirvc the law ought to be, that they must weigh the evidence in the case and use... "sincere judgement, sound discretion in accordance accor-dance with these laws and rules." That "they are the exclusive judges of the credibility of the witnesses and the weight of the evidence." To determine deter-mine credibility of a witness they should consider their demeanor and manner while testifying, whether or not they have a bias or motive, or if they have made previous statements that are inconsistent with their present testimony. Jurors must not consider the statements of counsel made during the trial as evidence. They are told they cannot consider any evidence that was rejected or stricken. After the jurors have been fully instructed in-structed then the trail begins. In criminal cases the jury decides guilt or innocence, and the decision must be unanimous. It is up to the judge to determine the punishment according to guidelines provided by the legislature. In civil cases the jury decides guilt or innocence and damages. The decision deci-sion in a civil case only needs a majority ma-jority (6 persons) to be binding. When all the evidence has been given, the jury is again instructed by the judge, but the instructions are in reference to the individual case. . Davidson said the most instructions he has given in a case is 50. He said that although he doesn't encourage it jurors are allow to take notes during the proceedings but cannot mechanically record any of it. ' Jury selection in capital trials is', about the same procedure as a ; criminal and civil trial. Capital cases include murder in the first degree, murder committed during a forceable felony, killing a witness, or murder for capital or personal gain. Davidson said there has not been a capital case in the county in recent years. In a capital case a bigger group of potential jurors are chosen. They are questioned in groups of one or two at a time. The questioning is done in the judges chamber "on the record" with the accused and attorneys present. After the Judge has selected all the competent jurors, then the voir dire portion begins. It takes quite a bit longer to complete this portion in a capital case then criminal or civil cases because potential jurors are questioned individually during this part of the selection process. The rest of the procedures are pretty pret-ty much the same as criminal and civil cases. The jury in capital cases decides guilty or innocence and life in prison or death. They must reach unanimous decision. For those of you, who feel that the process is too complicated and think you can Just not ahow up for duty, you ait In for a surprise. If you don't show up for selection and cannot show Just cause for your absences, you can be found In contempt of court and receive up to a $500 fine and 30 days in Jail. Naples changes type of bonding for park Since the Federal Government made changes in the qualifications in bearer bonds, the Naples City Council has had to change the type of revenue bonds they hold on the city park; from bearer to a fully registered bond. The $75,000 bond has been sold to the Zions National Bank of Salt Lake City. Ci-ty. Payments of the bonds have been broken down to a five year period. Bond one is for $15,000 and matures in 1984, bond two is for $15,000 and matures in 1985, bond three is for $20,000 and matures in 1986 and the final bond is for $25,000 which matures in 1987. Payment of the bonds will be made possible through revenue received from tickets sold for the hydro-slide and for admission to the city's swimming swim-ming pool. If for some reason the city can't pay for the bonds through this avenue, they must investigate other sources of income, in-come, the bond however can't become a general obligation. The Council also voted to pass the final plat on the Ray Hunting trailer park if some minor corrections were first made in the plat. These corrections included the rewording of the type of fence to be used us-ed and correcting a road that is drawn curved on the plat and should be drawn straight. Naples City Council will be including a voter information with their newsletter. newslet-ter. The voter information will include where and when to vote and information informa-tion of candidates running in the general election to be held on November 8. Information on the candidates can-didates will be supplied by themselves. The Wednesday evening meeting also included the introduction and swearing in of a new Naples police officer. The new officer is Mike Bond. Bond moved to the Vernal area from Ogden about 3Vfe years ago, but he is originally original-ly from Georgia. He lives in Naples with his wife Judy and infant son Stuart. Bond has completed the oral, written writ-ten and physical exams for the force, he plans to attend the academy in January. Wednesday was his first night in uniform, but he rode with the force on Friday, October 14. Police Chief John Ledkins gave his crime statistics report for September. Overall number of cases dropped from 40 in August to 20 in September. Thefts were down from 14 in August to three in September, DUI was down from 17 in August to seven in September, and arrests made were down from 20 in August to 10 in September. Ledkins remarked that no felonies were reported in September and that it was only the second time no felonies were reported in a one month period. '4 iff v t NAPLES CITY Mayor Lawrence Kay congratulates new policeman Mike Bond. Bond assumed his duty as an officer last week. Explorers plan activities NEWS ITEMS call your Hometown Newspaper Vernal Expriti 789-3511 If you're between the ages of 14 and 18 and always wanted to know what local police officers do, then the opportunity oppor-tunity is now available through the Explorers Ex-plorers Unit of the Boy Scouts of America, and yes, girls are also eligible eligi-ble to join the program. The Vernal City Police Department began the program last April. They currently have about 16 members in the program and the ratio of boys to girls is about the same. The group meets on Wednesday evenings for about two hours beginning at 5 p.m. To join the Explorers you must be between the ages of 14 and 18, have parental permission and fill out some forms that are available at the Vernal City Police Department. Officer Lynn Hooper is the head advisor ad-visor for the group and Det. Paul Parker is the Scouting coordinator. Parker and Hooper explained that each month the group has a different theme or learns a different aspect of police work. Some of the themes they have learned learn-ed are Emergency Medical Care (EMC), aspects of law, patrol procedures, pro-cedures, courtroom testimony and dispatch. Last June the Vernal group of Explorers Ex-plorers was invited to attend a mini-academy mini-academy in Craig," Colo. The program is similar to the one police officers have to go through at the police academy. During the week -long event, the group had to get up at 5:30 a.m. and do calisthenics. They were housed in an old armory building and slept on cots. After the exercise routine they had breakfast and the rest of the day was filled with classroom or other activities. ac-tivities. At night the volunteers provided provid-ed entertaining activities for the group. At the mini-academy session, the group learned about basic self-defense, self-defense, patrol tactics, search and seizure, civil liabilities and other ac-. tivities associated with police work. After the sessions ended they held a graduation ceremony for the Explorers. In August of last year the Explorers went on a float trip with an Explorers group from Layton, Utah. Parker said the Layton group is an Explorer post, but is not a police group. Explorers are also allowed to go on patrol with officers on an observation basis only. They can ride around with officers after school and on weekends. The Explorers are not allowed to carry guns or assist in the arrest. The officers of-ficers added that if a situation on patrol begins to reach a serious nature, then the Explorer is usually dropped off at a public place. This month the Explorers are ex amining the courtroom testimony-aspect testimony-aspect of being an officer. To give the group an idea of what it would be like to testify in court, the police first set up a mock arrest situation. In the situation, secretaries from the police department posed as drunk drivers out at the city shop. Those in the group with their drivers' license were allowed to drive patrol cars, the ones without a license went along as a partner. Police officers were in the back of the car in case they were needed. The Explorers had to make a judg ment as when to stop the vehicle and issue a traffic ticket. After the arrest they had to file a report explaining the incident just as a police officer does in the actual event. At the end of this month the group will hold a mock trial for those secretaries arrested. The Explorer group will act only as witnesses in tin-trial. tin-trial. The judge and lawyers will be represented by other persons. The trial will also be video-taped so the group can critique themselves after the trial. Even though the group is fairly new to the area, officers generally agree that the program has been a success. The group not only learns nlwut police work hut they have fun doing it. Hooper and Parker said there is no set time when the group completes the program, just that interested ri sons may participate until they're o i r 18 Maples r?89 JUS Bentleys parents of baby girl Kmt Uail IVotlrir are lM pfrf' of bby girl tmrtt Thfttsy ftvnig W Ihr H-r!t HnepMal The ,i eo -t. rivn?5rK Mo ill be ti3mH uia. H i rkntii home hv !h ttit. fail' pnK Met' fr'l fM Mi MnttrH are ailini al ht tvti!)py wmc ytml toeiftpr. of mtt aw frf pa Ifenfs n Salt tM" bocpilat at th timg (t!)nn r",Tlotiiifliitr'S. Ut Hotptfst. oH mar wwkte cure") h "wfc : Shirley Ptkf arftttiHH i Ihe W Mafk !Vpitl rtiri" I he ml M wfftift eifTT I? lie i imptwins. Col-ip Col-ip rflwsj J pM "! of tran sfwl tlti Wvt wor-T fety tatr-o tth ha hnp?! 9 fw'fpnl a fl. AKpt tW MfcrM OMet. A tr anefprriH t Lke Monday . Kim and Caroline Browning of Grants, New Mexico, friend of Hodney Southam. were weekend eueU of Willis and Carol Southam. They aImi vinited with Dennis and Sherry Atklnaon while there. Mr, ttrownina is president of the Laguna Branch in the LOS church fern RvereU and Jayne Hawks of fruit. Cote, visited Fern's mother, Nellie Richeni during the week. The three ladten alo vtwled with Lena and honoell IV while Fern end Jayne were bete. Alan and Shari CaWef went to Salt take City Wednesday evening where theif ChriMophef, received medial attention Thursday. ttaroM and Mafie MemU made a trip to Own and lrwi during the rfk While there Marie rereHred medical Care, and they aha tiwted ilh theif daueWet and son in law, Sandy and Frank Stevens and family. Jack and Dwris Gwtney, parents of Marilyn Smith, are visiting at the tave Smith home for few days bpfore returning fo their bnme m fr ami Junction. Colo San lamb at Orem spend the reltnd at home ith het parents. Curtis and Marjorie Umb. Ralph and Nellie Southam and Clair Southam made a trip to Salt take City Ci-ty during the week where Clair kept a doctor appointment. While there Ralph and Nellie visited their daughter. Lorna and Merlin Moon and family and Ora and Kenneth Mnnn and family. Clair also visited with his daughter, Arjean Morrison. Rick and Debtee Foster and family have moved here from Klko. Nevada. They will be making their home on 2noq Fast. Rena tlsm end children of Cra'g. Colo Visited Wt Friday with Wilford and Vera Olsen. Norman and Jarma Itaslem and son Brad spent Saturday in Provo with the Ken Seastrands. They returned home Sunday 'morning Dave and Karen Cook also ecTwnpaTHPd them In Prova. Among those going to Sail take Friday Fri-day to attend the wedding of Alan IMmes and Linda Cnr were his parents. Mac and Marion IWmes. tHk and Cfaita Holme. Krt end Oavhrwi Case. Morgan and Darte ftoimes. and Bishop and Mrs tat MerreB. 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