LAW WISE    

Published by the Kansas Bar Foundation
Editor: Gayle B. Larkin, Attorney at Law, Lawrence
Coordinators: Ron Keefover, Kansas Supreme Court and Jan Kuckelman, Kansas Bar Foundation
November 2001
Greetings from the Kansas Supreme Court and the Kansas Bar Association. The theme of this edition of Law Wise is Jury Service. If there are any law-related topics that you would like to see included in a future edition of Law Wise, please feel free to contact Gayle B. Larkin, Editor.

In this issue:


Calendar of Events

2001

  • November 19-20   Court of Appeals in Session
  • December 1   Mock Trial Competition Entries Due
  • December 3-6   Supreme Court in Session

2002

  • February 15   Images of Freedom Photography Contest Entries Due
  • February 22-23   Wichita/Salina Regional Mock Trial Competition
  • March 1-2   Johnson County/Wyandotte County Regional Mock Trial Competition
  • March 1-2   Topeka Regional Mock Trial Competition
  • March 15-16   State Mock Trial Competition
  • May 1   Law Day
  • May   National Mock Trial Championship

 

Jury Service: Your Duty and Obligation

The theme of this edition of Law Wise is Jury Service. The constitution and statutes of Kansas define a party's right to a jury trial and a citizen's obligation to serve as a juror. The outline below highlights some of the provisions:

I. Who Has a Right to a Jury Trial?

A. The Kansas Constitution Bill of Rights § 5 states, "[t]he right of trial by jury shall be inviolate."

B. "In all prosecutions, the accused shall be allowed . . . a speedy and public trial by an impartial jury." Kansas Constitution Bill of Rights § 10. This has been interpreted to mean that an accused has a right to a jury trial in all felony cases, and in misdemeanor cases where the accused faces incarceration for more than six months. In addition, in misdemeanor cases where the accused does not face incarceration for more than six months, an accused may have a jury trial if the accused makes a request in writing no later than seven days after notice of trial assignment. K.S.A. 22-3404(1).

C. There is also the potential for jury trials in juvenile cases. K.S.A. 38-1656 states that "[i]n all cases involving offenses committed by a juvenile which, if done by an adult, would make the person liable to be arrested and prosecuted for the commission of a felony, the judge may order that the juvenile be afforded a trial by jury." Id. (emphasis added).

D. Additionally, in civil cases, "[a]ny party may demand a trial by jury of any issue triable of right by a jury." K.S.A. 60-238.

II. Who is Eligible/Ineligible to Serve as a Juror?

A. "[J]ury service is the solemn obligation of all qualified citizens, and [] excuses from the discharge of this responsibility should be granted by the judges of the courts of this state only for reasons of compelling personal hardship or because requiring service would be contrary to the public welfare, health or safety; that all litigants entitled to trial by jury shall have the right to juries selected at random from a fair cross section of the community in the district wherein the court convenes; and that all citizens shall have the opportunity to be considered for service on juries in the district courts of Kansas." K.S.A. 43-155.

B. The following persons shall be excused from jury service: K.S.A. 43-158.
  1. Persons unable to understand the English language with a degree of proficiency sufficient to respond to a jury questionnaire.
  2. Persons adjudged to be incompetent.
  3. Persons who have been convicted of a felony within the previous 10 years.
  4. Persons who have served as jurors in the county within the previous year.

C. The following persons may be excused from jury service: K.S.A. 43-159.
  1. Persons so physically or mentally infirm as to be unequal to the task of ordinary jury duty.
  2. Persons whose presence elsewhere is required for the public welfare, health, or safety.
  3. Persons who whose jury service would cause extraordinary or compelling personal hardship.
  4. Persons whose personal relationship to the parties or whose information or interest in the case to be tried is such that there is a probability such persons would find it difficult to be impartial.

III. What is an Employer's Obligation Regarding Jury Service of Employees? "No employer shall discharge or threaten to discharge any permanent employee by reason of such employee's jury service, or the attendance or scheduled attendance in connection with such service, in any court in Kansas." K.S.A. 43-173.

IV. How are the Jury Lists Made and How is a Jury Selected from the Jury List?

A. The county jury commissioner prepares a list of persons qualified as jurors from voter registration records of the county, lists of licensed drivers residing in the county, enumeration or census records for the county, and lists of holders of state-issued nondrivers' identification cards who reside in the county. K.S.A. 43-162.

B. The county jury commissioner then randomly selects persons from the jury list to serve as prospective jury members. Each member of the jury pool is sent a questionnaire to complete. The questionnaire may include questions regarding the person's name, age, residence, occupation and qualifications as a juror, with a view to the due and faithful jury service of such person and such questions involving similar matters relating to all person living in such person's residence. K.S.A. 43-161.

C. After a pool of prospective jurors has been assembled for a trial, the prosecuting attorney and the defendant's attorney question the prospective jurors. The court may conduct an additional examination. The court may limit the examination by the attorneys if the court believes such examination to be harassment, is causing unnecessary delay or serves no useful purpose. K.S.A. 22-3408(3).

V. How Many Jurors Hear a Case?

A. Criminal Cases

1. "A jury in a felony case shall consist of twelve members. However the parties may agree in writing, at any time before the verdict, with the approval of the court, that the jury shall consist of any number less than twelve." K.S.A. 22-3403(2).

2. "A jury in a misdemeanor case shall consist of six members." K.S.A. 22-3404(2).

B. Civil Cases. Juries in civil cases may consist of 12 members or of a number less than twelve.

VI. What Role Does the Jury Play in a Trial? The jury decides questions of fact, while the judge decides questions of law. K.S.A. 22-3402(3).

VII. Jury Decisions.

A. Criminal Cases. The decision of a jury in a criminal case must be unanimous.

B. Civil Cases.

  1. "Whenever the jury [in a civil case] consists of 12 members, the agreement of 10 jurors shall be sufficient to render a verdict." K.S.A. 60-248(g).

  2. "The parties may stipulate that the jury [in a civil case] shall consist of any number less than 12 or, . . . that a verdict or a finding of a stated majority of the jurors shall be taken as the verdict or finding of the jury." K.S.A. 60-248(a).

VIII. What Happens if there is Misconduct?

A. If a person attempts to get placed on a jury or attempts to get a certain other person placed on a jury, that person is guilty of a misdemeanor, and will be fined not less than five dollars for each offense. K.S.A. 43-127.

B. If a prospective juror is summoned to court but fails to appear without excuse, the prospective juror shall be filed of up to $100 per day. K.S.A. 43-165.

C. If a prospective juror refuses to answer the questionnaire, the prospective juror shall be cited for contempt of court. If a prospective juror willfully provides false answers to the questionnaire, the prospective juror shall be guilty of a class A nonperson misdemeanor. K.S.A. 43-161.
 


Wanted: Law Wise Editor

Are you looking for an interesting, rewarding way to serve the cause of law-related education, network with your fellow teachers, and supplement your income a little? If so, then this job is for you. Law Wise is seeking an editor beginning with the 2002-03 school year. The person selected may be a teacher, an attorney, or other person committed to law-related education. Gayle Larkin has been the editor for the past four years and is retiring from this post to begin a full-time position in attorney discipline.

Duties consist of editing six issues of Law Wise per school year, in coordination with the Office of Judicial Administration and the Kansas Bar Association. Ron Keefover and Jan Kuckelman will continue to assist by drafting articles, suggesting themes, etc. In other words, you will not be alone in this task. The working conditions are excellent, and the job can be done from any location. Editing can be accomplished by hard copies, or by use of Internet E-mail. Take a peek at the past issues of Law Wise, at www.kscourts.org/, to refresh your memory about the kind of newsletter we produce. If you are interested, or have questions about the position, please contact Ron Keefover at (785) 296-2256.

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Archive of Supreme Court in Review Now Available

An archive of the live broadcast of the Supreme Court in Review is now available through the program’s web site at www.hprtec.org/supremecourt. On October 11, 2001, the program was broadcast live via satellite and the Internet through video streaming from the Educational Communications Center at Kansas State University. The Hon. G. Joseph Pierron, Jr., Hon. Robert L. Gernon, and Hon. Carol A. Beier of the Kansas Court of Appeals led the role plays of three recent U.S. Supreme Court cases.

The Supreme Court in Review is an interactive program that gives students a first-hand lesson about the role, processes, and rulings of the U.S. Supreme Court. Presenters of the program involve students in the re-enactment of U.S. Supreme Court cases by having them play the roles of justices, lawyers, and litigants. Since the program began in 1996, more than 20,000 students have participated in the program. Schools that are interested in having a judge present a program at their school can contact the Hon. G. Joseph Pierron, Jr. at (785) 296-5408.


LawMatters logo The ABA has a free newsletter that contains information on law related education. Law Matters, which reports on developments, ideas, programs, and resources in the field of public education about the law, is published three times each year (winter, summer, fall). For information on ordering, contact the ABA at (312) 988-5735 or abapubed@abanet.org.




Resources at the Law-Related Education Inventory

Resources at the Law-Related Education Inventory The Law-Related Education Inventory has the following items which might be useful in teaching your students about jury service: 1. And the People Shall Decide: The American Jury. A videocassette tape on the jury system and constitutional amendments. Library number 347.9773/K133a. 2. The American Jury: Privilege and Duty. This film, designed for middle school students and high school students, investigates the origins of the American jury system in British law, then follows a jury through the court procedures, showing what happens when you are called to jury duty and what the responsibilities of jurors are. Library number 347.7/A35pSFS. 3. The Jury System. Designed for high school students, this film examines how the jury system works and whether or not it should be changed. It gives the students an idea about how the system affects all and the need for citizen involvement. Library number 347.075/J979. The Law-Related Education Inventory has many resources to help teach about law-related topics. To order a catalog call Linette Lopez at the Kansas Bar Association, (785) 234-5696. The Kansas Bar Association and the lawyers in your community sponsor the Law-Related Education Inventory. The clearinghouse will mail free copies of law-related posters, games, mock trials, booklets, lesson plans, and other aids. It is open Monday through Thursday, 8:00 a.m. to 7:00 p.m., and Friday, 8:00 a.m. to 5:00 p.m. The director of the Teachers College Resource Center, which houses the Law-Related Education Inventory, Marla Darby, can be reached at Darbymar@esumail.emporia.edu/ can be reached at
Darbymar@esumail.emporia.edu


Lesson Plan #1:     Your Own Classroom Court

Description: This activity is meant for teachers who would like to allow their students to have a more active role in setting classroom rules, in decision-making, and as a means of settling differences.
Grade Levels: 9-12

Goal: To allow students the opportunity to further their knowledge of the law and its legal proceedings. To experience "trial by a jury of your peers" in simple matters. To give each student a job in the courtroom and to vary these positions throughout the year.

Objectives: Students will be able to explain and identify the names of jobs available in a typical courtroom.

Procedure: In order for the classroom court to work, you, the teacher must keep in mind that you are the one who is responsible for the class. You must clearly decide how much weight you want the court to have. One way to help you decide is to talk to one of your fellow teachers or your principal. As a class, decide on appropriate sentences for guilty verdicts. Again, you must be the voice of reason. After you have agreed upon the sentences, post them in the classroom so that everyone can refer to them. Next you will need to define the offices of the court and the length of office. Some possibilities for jobs are: judge, jury, bailiff, court reporter, defense attorney, prosecuting attorney, and substitutes. It is necessary to have substitutes to take the place of an officer who might be absent on court day. It might be a very good idea to present your courtroom to the parents in a letter or at open house. Ask for their input, maybe some of them could be good resource people. Try to present this as close to the beginning of a court session as possible. Keep your administration informed as to what you are doing. After you feel comfortable with the model ask them to sit in on a case. Hold nominations for positions. Decide on an appropriate number of names for each position. Draw up a very simple ballot and have a secret ballot. This might be a way a parent could help out in the classroom or you may wish to count them yourself. Stress that just because you weren't picked this time you will have other chances throughout the year. Have a very simple "swearing-in" ceremony for all court officials. Set a particular day for holding court. Perhaps you might like it every Wednesday afternoon or every Friday morning. But do set a specific time as the students will begin to prepare their cases and need to know when to be ready with their information. You will probably like to go through a few Mock Trials first to give the class a taste of what is to come. After each court case evaluate students' performance. The first couple of times you may wish to do this with the whole class as your listeners. If you are really energetic, you can give written feedback to each of the officers, after each case.

Be sure that the court sentences agreed upon by the class are followed. Set a time limit when the sentences must be served. Your court report will have to document everything. This will be the main source of information regarding each case. The court records must remain in school. You may wish to lock them up so they are kept in a safe place. That way if someone is absent, you will still have the information necessary to proceed.

Tying it All Together: Ask the student how they feel the court is going. Try to do this at least once a month. Don't be afraid to admit something isn't working. The students may have some very creative ways to improve the proceedings. What do you as the teacher perceive to be the greatest component of the court? What is the greatest weakness? How will you work on maintaining the good while also working on trying to correct the weaknesses? Did you accomplish your goals? Was the experience fun? What would you change in the future? What might be some of your recommendations to others setting up their classroom courthouse?

This AskERIC Lesson Plan was submitted by Rita Irene Esparza of St. Joseph, Sacramento, California.


Lesson Plan #2:     Why a Mock Trial?

Grade Level: 11-12
Overview: A mock trial is a valuable learning experience in many ways. It may be used to help students learn about: specific areas of law, courtroom procedures, roles of courtroom personnel, how U.S. courts resolve conflicts peacefully. Through participation in mock trials and analysis of the activity, students gain an insiders perspective on court room procedures.

Purpose: While learning the details of trial process and procedures, students are also developing a number of critical skills that are universally necessary, including critical analysis of problems, strategic thinking, questioning skills, listening skills, skills in oral presentation and extemporaneous argument, and skills in preparing and organizing material. Of particular interest is the high level of cooperation among students needed for successful mock trials. Recent research findings indicate that such findings indicate that such cooperative learning activities encourage significant cognitive achievement among students from a variety of backgrounds and also improve student attitudes toward school and each other. Other positive results include challenging students, encouraging field trips, and using resource persons (visits to court houses and visits by judges and attorneys are a natural accompaniment to mock trials). And, mock trials are fund. Participation in mock trials helps students to understand better the roles that the various actors play in the justice system and also the difficult conflicts those persons must resolve daily in performing their jobs. On a more complex level, mock trials also provide students with an excellent vehicle for the study of such fundamental law-related concepts as authority and fairness. Through participation in mock trials and analysis of the activity, students gain an insiders perspective on court room procedures. Mock trials help students gain a basic understanding of the legal mechanism through which society chooses to resolve many of its disputes.

Materials: If you have access to an attorney who will help with a guest visitation during your mock trial program he/she would be able to get the various forms which you can then reproduce. You may also contact National Institute for Citizen Education in the Law 25 E. Street N.W. Suite 400 Washington D.C. 20001 (202) 662-9620. For information on case materials designed especially for mock trials contact Social Studies School Service 10200 Jefferson Boulevard Culver City, California 90232.

Activities: A mock trial project should involve every student in the class for the entire unit. Students not assigned specific, active roles quickly lose interest. The trial itself has room for roles other than attorneys and witnesses. They include judge, clerk, bailiff, jury members, court artist, and camera operator.

This lesson plan was developed by Chris Dousso, of Spearville High School, in Kansas, and can be found at the Academy Curricular Exchange's web site at http://ofcn.org/cyber.serv/academy/ace/soc/high.html


Lesson Plan #3:     The Most Dangerous Murder Trial

Grade Level: 9
Objective: Students will interpret information from the short story "The Most Dangerous Game" to help them prove the innocence or guilt of Sangor Rainsford.

Activities: After reading "The Most Dangerous Game," divide students into groups: prosecution, defense, witnesses, and jury. You could also include a judge (or you be the judge) and a bailiff. The prosecution and defense will determine who the witnesses are and design questions to ask them. The witnesses must be knowledgeable of the parts their characters play in the story (they could be captives on the island or Rainsford's friend Whitney). The jury will listen closely to each side and draw a two-column chart: one side for guilt, one side for innocence. The trial will proceed like that of a normal court hearing. At the end, the jury decides if Rainsford is justified in his killing of Zaroff or not. For the students who actually paid attention and read the story, this is a fun activity.

Brooke Burks authored this lesson plan. It can be found at www.lessonplanspage.com/


Court of Appeals Welcomes You

The Kansas Court of Appeals, a ten-member, intermediate appellate court sits in three-judge panels. The Court of Appeals normally sits in panels throughout the state; however, due to the current budget shortfall confronting the judicial branch, all Court of Appeals hearing are being conducted in the Judicial Center, 301 West 10th Avenue, Topeka. This will remain in effect at least through the fiscal year ending June 30, 2002. The court is pleased to have students attend the hearings. This fall, the Court of Appeals will be hearing cases on November 19, 2001, and November 20, 2001.

The Kansas Supreme Court is the highest court in the state, and includes seven members. Students also are welcome at oral arguments before the Supreme Court. The high court holds its hearings only in Topeka. This fall the Supreme Court will be hearing oral arguments during the week beginning December 3, 2000. If you have any questions concerning the Kansas appellate courts, or if you would like to bring your class to either the Kansas Supreme Court or the Kansas Court of Appeals, please contact Ron Keefover, Education and Information Officer of the Office of Judicial Administration, 301 West 10th Avenue, Topeka, Kansas 66612-1507, (785) 296-4872. You can also contact Mr. Keefover via e-mail at keefover@kscourts.org.


Law Wise is published by the Kansas Bar Association during the school year. The Kansas Bar Foundation, with Interest on Lawyers Trust Accounts funding, provides support for this publication. Published free, on request, for teachers or anyone interested in law-related education, it is edited by Gayle B. Larkin, Lawrence, (785) 865-3970. For further information about any projects or articles, contact Ron Keefover, Education and Information Officer of the Office of Judicial Administration, Topeka, (785) 296-4872, or Jan Kuckelman, Public Services Director of the Kansas Bar Association, Topeka (785) 234-5696. Law Wise is printed at the Kansas Bar Association, 1200 Southwest Harrison, P.O. Box 1037, Topeka, Kansas 66601-1037.