Juror's Oath
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juror A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England dur ...
's
oath Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to g ...
is used to swear in jurors at the beginning of jury selection or trial.


Australia

In a
New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...
juror's oath, the juror promises to "...well and truly try and true deliverance make between our Sovereign Lady the Queen r the Kingand the accused whom you shall have in charge, and a true verdict give according to the evidence." In
Western Australia Western Australia (commonly abbreviated as WA) is a state of Australia occupying the western percent of the land area of Australia excluding external territories. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to th ...
each juror 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." In
Queensland ) , nickname = Sunshine State , image_map = Queensland in Australia.svg , map_caption = Location of Queensland in Australia , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , establishe ...
each juror has a choice for an Oath or Affirmation. The Oath is as follows: :You will conscientiously try the charges and decide them according to evidence. You will not disclose anything about the Jury's deliberations other than as allowed or required by law. So help you God. The Affirmation is as follows: :Do you solemnly, sincerely and truly affirm and declare that you will conscientiously try the charges against the Defendant, and you will decide them according to the evidence. You will also not disclose anything about the Jury's deliberation other than as required by law.


Canada

In Canada, each juror has the choice to take either an oath or affirmation. The oath/affirmation states something to the effect of:
Do you swear to well and truly try and true deliverance make between our sovereign lady the Queen, and the accused at the bar, who you shall have in charge, and a true verdict give, according to the evidence, so help you God?
In the case of an affirmation, "swear" is replaced with "affirm", and "so help you God" is omitted.


France

In French criminal procedure the role of judge and jury is different than in common law countries. A jury has a part only in the most serious cases, and the judges and jury together decide verdict and sentence. According to the French Code of Penal Procedure, the judge says: :Do you swear and promise to examine with the most scrupulous attention the charges that will be laid against
he defendant He or HE may refer to: Language * He (pronoun), an English pronoun * He (kana), the romanization of the Japanese kana へ * He (letter), the fifth letter of many Semitic alphabets * He (Cyrillic), a letter of the Cyrillic script called ''He'' ...
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 eclare 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. Each juror must respond "I so swear".


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
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
, and Northern Ireland the
Oaths Act 1978 The Oaths Act 1978 (c 19) is an Act of the Parliament of the United Kingdom. Part I of the Act applies to England, Wales and Northern Ireland. Section 1 provides that an oath may be administered by the person taking the oath holding the New ...
applies to jurors' oaths (Part II of the act also applies to Scotland). The person may opt either to swear an oath on the
New Testament The New Testament grc, Ἡ Καινὴ Διαθήκη, transl. ; la, Novum Testamentum. (NT) is the second division of the Christian biblical canon. It discusses the teachings and person of Jesus, as well as events in first-century Chri ...
—or, for Jews, the Old Testament—or to affirm. Oaths can be "administered in any lawful manner" to persons who are neither Christian nor Jews. For example, other faiths may be sworn in on a holy book of their choice, such as the Verdas for Hindus and the Koran for Muslims. The affirmation was first made available to
Quakers Quakers are people who belong to a historically Protestant Christian set of denominations known formally as the Religious Society of Friends. Members of these movements ("theFriends") are generally united by a belief in each human's abil ...
and Moravians, who had conscientious objections to oaths, extended by the
Quakers and Moravians Act 1838 The Quakers and Moravians Act 1838The citation of this Act by this short title was authorised by the Short Titles Act 1896, section 1 and the first schedule. Due to the repeal of those provisions it is now authorised by section 19(2) of the Interp ...
, and later further extended to anybody who chooses to do so. The oath starts "I swear by almighty God/by Allah/by Waheguru/on the Gita"; for an affirmation the wording is "I solemnly, sincerely and truly declare and affirm". This is followed in both cases by "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 instruction Jury instructions, directions to the jury, or judge's charge are legal rules that jurors should follow when deciding a case. They are a type of jury control procedure to support a fair trial. Description Jury instructions are the set of legal ...
s 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 The United States Court of Appeals for the Tenth Circuit (in case citations, 10th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * District of Colorado * District of Kansas * Dis ...
for use by U.S. District Courts state: The wording of the oath in federal court is not prescribed by statute.
James Duane James Duane (February 6, 1733 – February 1, 1797) was an American Founding Father, attorney, jurist, and American Revolutionary leader from New York. He served as a delegate to the First Continental Congress, Second Continental Congress an ...
describes it as "simply an old tradition judges have made up."


References

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Oath Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to g ...
Oaths