Juror of Assize

Conditions

You can be drawn to serve as a jury of assize if you meet all of the following conditions:

• You are a French national
• You are at least 23 years old
• You can read and write in French

Incapacity case

Certain categories of persons shall not be allowed to participate in the trial of crimes. These include:

• Persons who have been convicted for a crime or a offense
• Persons who have been deprived of certain civil, civil and family rights (e.g. the right to vote)
• Public officials dismissed from office
• People protected majors

Cases of professional incompatibility

A jury duty is incompatible with the performance of the following duties:

• Member of the government
• Members of Parliament (Member of Parliament or Senator)
• Magistrate
• Active police, prison or gendarmerie officer

Exclusion cases

Some individuals may be excluded from the jury list:

• Persons close to the accused, his lawyer or one of the magistrates present at the criminal court (husband, Civil partnerships' partner, common-law partner, parents, children, etc.)
• Persons who participated in the judicial proceedings (victim, interpreter, witness, etc.).
• Persons who, during the last 5 years, have participated in a sitting session within the same department

1st draw by the mayor on the electoral lists

There is one sitting court per department.

The mayor of a commune or the mayor appointed for a group of communes draws a first lottery from the electoral lists.

It then removes the names of individuals who have not reached the age of 23 in the course of calendar year which follows the year of the draw.

Then the mayor sends a mail to the electors on that advance list. So he tells them they were drawn for jury duty. It also tells them that they can make a request for exemption if they are prevented for serious reasons.

Finally, he shall forward the list to the Registry of the Court of Assize.

Second draw by the Special Committee

A special committee attached to each of the assize courts refines the lists of jurors received by the various mayors.

First of all, the commission excludes from the list received from each mayor the following persons:

• Persons who do not qualify for jury duty
• Persons who, for serious reasons, are unable to perform jury duty. It is therefore up to him to decide whether the persons who have been drawn may be dispensed.

Finally, the committee draws a new lot and draws up for each commune (or group of communes) the annual list of jurors and the special list of alternate jurors.

These 2 lists are sent to the mayors of each of the municipalities of the department.

Mayors must alert the criminal court of any change that affects one of the individuals on one of the two lists: death, incapacity, incompatibility or exclusion.

Appointment of jurors

As a matter of principle, for each sitting session, 35 full jurors and 10 alternate jurors are drawn by lot from the annual list previously drawn up.

Nevertheless, in some courts (notably those in Paris, Bouches-du-Rhône, Charente, Gard, Gironde, Guyane, Martinique, Morbihan, Rhône, Seine-Saint-Denis, Var, etc.), 45 full jurors and 15 alternate jurors are drawn at random.

In any case, these prints shall be public.

If you are drawn to be a full or alternate juror, the Registry of the Court of Assize shall summon you by post at least 15 days before the beginning of the sitting. The notice of meeting shall specify the date and time of the opening of the sitting, its foreseeable duration and the place where it will be held.

You must send the receipt of this summons by post to the Registry of the Court of Assize.

Formation of the jury of judgment

The Assize Court is composed of 3 professional magistrates and 6 sitting jurors (or 9 sitting jurors before the Court of Appeal).

A sitting session makes it possible to judge several cases.

For each case, a final draw is made at the opening of the trial.

If your name is drawn, you're a tenured juror in the current case.

Nevertheless, the accused, his lawyer or the Advocate General may object to your being a member of the jury of assises. In that case, you are recused and you can't be a juror.

The first 6 unchallenged jurors form the jury. If it's an appeal case, the first nine jurors form the jury.

Additional jurors are drawn at random to replace jurors who could be suddenly prevented from attending trial (health reasons, professional imperatives, etc.).

Training

As a juror, you undergo a short training during which the President of the Court of Assize, the Registrar and the Advocate GeneralThey shall provide explanations of the court. You're looking at a film that has the function that you will assume.

Role

You sit at the hearings and participate in the proceedings, at the end of which you will vote by secret ballot with other jurors and magistrates. So you're fully serving as a judge.

A first vote is on the guilt of the accused and, if found guilty, a second vote is taken on the sentence. Your voice counts as much as that of the judiciary.

As a result of these deliberations, your personal notes and ballots are destroyed.

Obligations

As a juror, you must take the oath and fulfill the following obligations:

• Be attentive in debates. You have the opportunity to take handwritten notes and ask questions.
• Be impartial, that is, independent, neutral and objective, and not express your opinion
• Do not contact others about the case
• Vote on the guilt of the accused according to your intimate conviction
• Respect the secrecy of the deliberation (including once you have ceased to be a juror). Failure to respect the secrecy of the proceedings can result in a one-year prison sentence and €15,000 of fine.

Duration

Generally speaking, a sitting session lasts between 15 days and 3 weeks. During a session, several cases may take place. Once you are drawn for a case, you are obliged to sit. You are a full-time juror.