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Juror's oath

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A juror's oath is used to swear in jurors at the beginning of jury selection or trial.

Contents

Australia

In a New South Wales juror's oath, the juror promises to "...well and truly try and true deliverance make between our Sovereign Lady the Queen and the accused whom you shall have in charge, and a true verdict give according to the evidence."

In Western Australia each jury has a choice to either "swear by Almighty God" or "solemnly and sincerely declare and affirm" to "give a true verdict according to the evidence upon the issue(s) to be tried by me."

France

According to the French Code of Penal Procedure, all jurors must individually swear to the following message from the judge presiding the court:

You swear and promise to examine with the most scrupulous attention the charges that will be laid against <the defendant>; to betray neither the interests of the defendant, nor the interests of the society that accuses him, nor the interests of the victim; not to communicate with anybody until you [declare your verdict]; not to listen to hatred, malice, fear or affection; to remember that the defendant is presumed to be innocent and that doubt must benefit him; to decide for yourself according to the charges and the means of defense, according to your conscience and intimate conviction, with the impartiality and firmness that befits an honest and free person, and to keep the secret of the deliberations, even after you cease to be a juror.

New Zealand

A New Zealand juror's oath reads: "Members of the jury: Do each of you swear by Almighty God (or solemnly, sincerely, and truly declare and affirm) that you will try the case before you to the best of your ability and give your verdict according to the evidence?"

United Kingdom

In the United Kingdom, each juror can opt either to swear an oath on the holy book of their choice (provisions are made for Christians, Muslims, Sikhs, and Hindus) or to affirm. The oath typically takes the form "I swear [by almighty God/by Allah/by Waheguru/on the Gita] that I will faithfully try the defendant and give a true verdict according to the evidence." Affirmation, which was made available to Quakers and Moravians by the Quakers and Moravians Act 1838 and later extended to anybody who chooses to do so, takes the form "I solemnly, sincerely and truly declare and affirm that I will faithfully try the defendant and give a true verdict according to the evidence."

United States

In the United States, a federal juror's oath usually states something to the effect of, "Do you and each of you solemnly swear that you will well and truly try and a true deliverance make between the United States and ______, the defendant at the bar, and a true verdict render according to the evidence, so help you God?"

Jury instructions sometimes make reference to the juror's oath. For example, the Criminal Pattern Jury Instructions developed by the U.S. Court of Appeals for the 10th Circuit for use by U.S. District Courts state:

James Duane has said, with regard to the juror's oath, "In federal court it is not even prescribed by statute. It is simply an old tradition judges have made up."

References

Juror's oath Wikipedia