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    277.1 Deliberations: Foreperson Duties
    277.2 Deliberations: Foreperson -- Selection By Judge
    277.3 Deliberations: Foreperson's Vote Carries No Greater Weight Than Any Other Juror
    277.4 Should Jurors Be Instructed Regarding The Jury Foreperson's Duties And The Extent Of The Foreperson's Authority?
    277.5 Foreperson: Duty To Allow Input From Every Juror
    277.6 Deliberations: Foreperson--Federal Circuit Model Instructions And Notes

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RATIONALE: Without instruction the jurors will only be able to guess as to the duties of the foreperson. As a result the foreperson may be given greater or lesser duties than is required. Therefore, instruction on the duties may be appropriate.

POINTS AND AUTHORITIES: See NCJIC 277.3 [Deliberations: Foreperson’s Vote Carries No Greater Weight Than Any Other Juror]; see also NCJIC  277.4 [Deliberations: Should Jurors Be Instructed Regarding The Jury Foreperson's Duties And The Extent Of The Foreperson's Authority?].

FEDERALIZATION: To federalize this request, click here. [Constitutional Macro 7.12].

See Manual On Recurring Problems In Criminal Trials [7. Appointment Of Foreperson By Court].

See generally, NCJIC 277.6 [Deliberations: Foreperson--Federal Circuit Model Instructions And Notes].

    The foreperson presides over your deliberations like the chairperson of a meeting. Also, if and when you have reached a verdict the foreperson must sign and date the verdict form. The foreperson may be a man or a woman.

[See FLORIDA STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES 2.09 [Submitting Case To Jury] (Florida Bar, 2000).]

    The foreperson's duty is to see that discussion is orderly, and that the issues submitted for your decision are fully and fairly discussed.  The foreperson should also make sure that every juror has a chance to express himself or herself on every matter that is discussed during the deliberations.

[See IDAHO CRIMINAL JURY INSTRUCTIONS, ICJI 207 [Presiding Juror] (Idaho Law Foundation, Inc., 1995).]

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RATIONALE: If the judge selects the foreperson, that juror may have undue influence over the other jurors stemming from the prestige and implied authority of court appointment.

POINTS AND AUTHORITIES: While most jurisdictions allow the jury to select its own foreperson (see e.g., Ballenger v. State (MS 1996) 667 So2d 1242, 1259 [who is to be the foreman is a decision which should be made by fellow jurors]), some allow the selection to be made by the judge. (See e.g., Alexander, MAINE JURY INSTRUCTIONS MANUAL 2-23 [Foreman] (Lexis, 1999) [once all of the peremptory challenges have been exercised, the court should, at sidebar, indicate the court's choice of the juror who will serve as foreman]; see also State v. Ryan (NH 1992) 607 A2d 954, 955; Power v. State (FL 1992) 605 So2d 856, 863.)

    In such jurisdictions, there is an even greater need to affirmatively instruct the jury upon the duties and powers of the foreperson. (See NCJIC 277.4 [Should Jurors Be Instructed Regarding The Jury Foreperson's Duties And The Extent Of The Foreperson's Authority?].)  "The very designation by the judge that one person will serve as foreman importantly differentiates that person from the other members of the venire.  [Citation.]  'A foreperson has only one vote on the grand jury, but the selection by the district judge might appear to the other grand jurors as a sign of judicial favor which could endow the foreperson with enhanced persuasive influence over his or her peers.'"  (Hobby v. U.S. (1984) 468 US 339, 357 [104 SCt 3093; 82 LEd2d 260], Marshall, J., Brennan, J. and Stevens, J. dissenting.)

FEDERALIZATION: To federalize this request, click here. [Constitutional Macro 7.12].

See Manual On Recurring Problems In Criminal Trials [7. Appointment Of Foreperson By Court].

See generally, NCJIC 277.6 [Deliberations: Foreperson--Federal Circuit Model Instructions And Notes].

    The judge has selected a foreperson. From this selection, you should not draw any inference concerning the validity of that foreperson’s opinion or give any greater weight to [his] [her] views.

[Source: NCJIC.]

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RATIONALE: Without an explanatory instruction, the jurors may, either consciously or unconsciously, accord greater weight to the opinion of the foreperson.

POINTS AND AUTHORITIES: As the elected (or appointed) leader of the group, the foreperson may naturally have more influence than the other jurors. Some experts have concluded that as a general rule the chairperson of a committee tends to be "more powerful." (See e.g., U.S. v. Abell (DC 1982) 552 FSupp 316, 321.) "Given the available evidence...in general, one would expect the foreperson to have some more influence than any other member of the [grand] jury; which is not to say that [in] each and every instance that will occur. But on the average [the foreperson] is more likely to have more influence than any one else." (Ibid., see also U.S. v. Snell (5th Cir. 1998) 152 F3d 345, 346 ["the foreperson’s position as jury foreman may have increased his ability to influence jury deliberations"]; U.S. v. Estrada (8th Cir. 1995) 45 F3d 1215, 1226 [potential influence of improper statement upon the jury’s deliberations "was particularly strong because [the person making the statement] was the foreman"]; U.S. v. Delaney (8th Cir. 1984) 732 F2d 639, 643 [same].)

    Accordingly, because all jurors should have equal influence over the deliberations and verdict, cautionary instruction in this regard may be appropriate.

FEDERALIZATION: To federalize this request, click here. [Constitutional Macro 7.1; 7.5; 7.12].

See Manual On Recurring Problems In Criminal Trials [7. Appointment Of Foreperson By Court].

See generally, NCJIC 277.6 [Deliberations: Foreperson--Federal Circuit Model Instructions And Notes].

    When you retire to the juryroom, you sould select a foreperson. The foreperson will preside over your deliberations and facilitate discussions among jurors and assure that each juror has the opportunity to discuss the case and to cast his or her vote.  The foreperson's vote is entitled to no greater weight than the vote of any other juror.  

[See generally State v. Mak (WA 1986) 718 P2d 407, 443; WISCONSIN JURY INSTRUCTIONS - CRIMINAL, WIS-JI-Criminal 515 [Unanimous Verdict And Selection Of Presiding Juror] (University of Wisconsin Law School, 2000); see also CRIMINAL JURY INSTRUCTIONS - NEW YORK, CJI 42.20 [Designation Of Foreman] ¶ 1 (New York Office of Court Administration, 1983); OHIO JURY INSTRUCTIONS, VOLUME 4 - CRIMINAL, 4 OJI 413.90 [Final Remarks] sent. 3 (Anderson, 2001); UNIFORM CRIMINAL JURY INSTRUCTIONS (OREGON), UCrJI 1012 [Verdict-District Court] (Oregon State Bar, 1998).]

    The authority of the foreperson is the same as any other juror.

[See OHIO JURY INSTRUCTIONS, VOLUME 4 - CRIMINAL, 4 OJI 413.90 [Final Remarks] sent. 3 (Anderson, 2001).]

    The vote of the foreperson does not carry greater weight than does the vote of any other juror. 

[Cf. NEW JERSEY MODEL JURY CHARGES - CRIMINAL [(2/24/97), Criminal Final Charges: Appointing Foreperson,] p. 24, ¶ 4 (New Jersey ICLE 4th ed. 1997).]

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RATIONALE: Absent instruction jurors regarding the foreperson’s duties and the extent and limitations of the foreperson’s authority, there is a danger both that jurors will give greater weight to the jurors opinions (which deference is improper), and that jurors will not cooperate with the foreperson’s efforts to ensure a full discussion of all points, with full participation by each individual juror.

POINTS AND AUTHORITIES: "It is the foreman's duty to see that discussion is carried on in a sensible and orderly fashion, that the submitted for [jury] decision are fully and fairly discussed and that every juror has a chance to be heard and to participate in the deliberations upon each question before the jury." (State v. Mak (WA 1986) 718 P2d 407, 443.)

    See also NCJIC 277.5 [Foreperson: Duty To Allow Input From Every Juror].

FEDERALIZATION: To federalize this request, click here. [Constitutional Macro 7.1; 7.5; 7.12].

See Manual On Recurring Problems In Criminal Trials [7. Appointment Of Foreperson By Court].

See generally, NCJIC 277.6 [Deliberations: Foreperson--Federal Circuit Model Instructions And Notes].

    [The foreperson] will help to guide your discussions in the juryroom.

[Federal Judicial Center, PATTERN CRIMINAL JURY INSTRUCTIONS INSTRUCTION  58 [Selection Of Foreperson; Communication With The Judge; Verdict Forms] ¶ 1, sent. 2 (1988).]

    The foreman should assure that discussions during deliberations are conducted in a sensible and orderly fashion, that the issues submitted for your consideration are fully and fairly discussed and that every juror has a chance to be heard and to participate in the deliberations upon each issue before the jury.

[Source: State v. Mak (WA 1986) 718 P2d 407, 443; see also IDAHO CRIMINAL JURY INSTRUCTIONS, ICJI 207 [Presiding Juror] (Idaho Law Foundation, Inc., 1995);  IOWA CRIMINAL JURY INSTRUCTIONS 100.18 [Duties Of Jurors-Selection Of A Foreman/Forewoman] (Iowa State Bar Association, 1991); MONTANA CRIMINAL JURY INSTRUCTIONS, MCJI 1-006 [Jury Deliberation] (State Bar of Montana, 1990); Dinse, Berger, & Lane, VERMONT JURY INSTRUCTIONS - CIVIL & CRIMINAL 5.09 [Instruction: Foreperson] sent. 3 (Lexis, 1993).]

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RATIONALE: Absent instruction, some jurors may defer unduly to others, or may fail to fully consider the thoughts of others, or may fail to cooperate with the foreperson’s efforts to maintain full and equal participation by all jurors.

POINTS AND AUTHORITIES: "It is the foreman's duty to see ... that every juror has a chance to be heard and to participate in the deliberations upon each question before the jury." (State v. Mak (WA 1986) 718 P2d 407, 443; see also Griesel v. Dart Industries, Inc. (CA 1979) 23 C3d 578, 584 [153 CR. 213] [each juror must have the opportunity to participate equally in all discussions in order to satisfy the constitutional right to trial by jury].)

    See also NCJIC 277.4 [Should Jurors Be Instructed Regarding The Jury Foreperson's Duties And The Extent Of The Foreperson's Authority?].

FEDERALIZATION: To federalize this request, click here. [Constitutional Macro 7.1; 7.12].

See Manual On Recurring Problems In Criminal Trials [7. Appointment Of Foreperson By Court].

See generally, NCJIC 277.6 [Deliberations: Foreperson--Federal Circuit Model Instructions And Notes].

    It is the duty of the foreperson to see that discussion is orderly, that the issues submitted for your consideration are fully and fairly discussed and that every juror has a chance to express himself or herself on each question.

[See generally State v. Mak (WA 1986) 718 P2d 407, 443; see also  IDAHO CRIMINAL JURY INSTRUCTIONS, ICJI 207 [Presiding Juror] (Idaho Law Foundation, Inc., 1995); IOWA CRIMINAL JURY INSTRUCTIONS 100.18 [Duties of Jurors - Selection of Foreman/Forewoman] p. 225 (Iowa State Bar Association, 1997); MONTANA CRIMINAL JURY INSTRUCTIONS, MCJI 1-006 [Jury Deliberation] (State Bar of Montana, 1990).]

    It is the foreperson's duty to see that your discussions are orderly and that each juror has the opportunity to discuss the case and to cast his or her vote.

[See generally State v. Mak (WA 1986) 718 P2d 407, 443; see also OHIO JURY INSTRUCTIONS, VOLUME 4 - CRIMINAL, 4 OJI 413.90 [Final Remarks] sent. 3 (Anderson, 2001).]

    Now, when you go to the juryroom, your deliberations should be conducted in a businesslike manner. You shall first select a foreman. She or he should see to it that the discussion goes forward in a sensible and orderly fashion and that each juror has the opportunity to discuss the issues fully and fairly.

    Before deciding the case, give impartial consideration to the views of your fellow jurors. This means that you should give respectful consideration to one another's views and talk over differences of opinion in a spirit of fairness and frankness.

    It is natural in a case of this type that differences may arise. When they do, each of you should not only express your opinion but also the facts and reasons upon which you base it. By reasoning the matter out, it is often possible for all of you to agree.

[Source: People v. Johnson (MI 1986) 398 NW2d 219, 227.]

    Upon retiring at the close of the case your first duty is to elect a foreman. The foreman acts as chairman. The chairman's duty is to see that discussion is carried on in an orderly and proper fashion; that the issues are fully and freely discussed; and that every juror is given an opportunity to express his views. When ballots are to be taken, the chairman will see that it is done, and will sign the form of verdict which is in accord with your decision.

[Source: State v. Hahn (IA 1977) 259 NW2d 753, 762.]

    Upon submission of a case to it, the jury should first select a foreman. He should see to it that discussion goes forward in a sensible and orderly fashion and that each juror has the opportunity to discuss fully and fairly.

[Source: State v. Hall (KS 1976) 556 P2d 413, 419.]

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See 1st Circuit Pattern Jury Instructions - Criminal 6.01.

See also 7th Circuit Pattern Jury Instructions - Criminal 7.02.

See also 8th Circuit Pattern Jury Instructions - Criminal 3.12.

See also Federal Judicial Center - Pattern Criminal Jury INSTRUCTION  58.