Massachusetts General Laws ch. 234A sec. 67A – Examination of jurors
Section 67A. Upon motion of either party, the court shall, or the parties or their attorneys may under the direction of the court, examine on oath a person who is called as a juror, to learn whether the juror related to either party or has any interest in the case, or has expressed or formed an opinion, or is sensible of any bias or prejudice. The objecting party may introduce other competent evidence in support of the objection. If the court finds that the juror does not stand indifferent in the case, another juror shall be called in. In a criminal case such examination shall include questions designed to learn whether such juror understands that a defendant is presumed innocent until proven guilty, that the commonwealth has the burden of proving guilt beyond a reasonable doubt, and that the defendant need not present evidence on the defendant’s behalf. If the court finds that such juror does not so understand, another juror shall be called in.
Terms Used In Massachusetts General Laws ch. 234A sec. 67A
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Juror: A person who is on the jury.
- Oath: A promise to tell the truth.
To determine whether a juror stands indifferent in the case, if it appears that, as a result of the impact of considerations which may cause a decision to be made in whole or in part upon issues extraneous to the case, including, but not limited to, community attitudes, possible exposure to potentially prejudicial material or possible preconceived opinions toward the credibility of certain classes of persons, the juror may not stand indifferent, the court shall, or the parties or their attorneys may, with the permission and under the direction of the court, examine the juror specifically with respect to such considerations, attitudes, exposure, opinions or any other matters which may cause a decision to be made in whole or in part upon issues extraneous to the issues in the case. Such examination may include a brief statement of the facts of the case, to the extent the facts are appropriate and relevant to the issue of such examination and shall be conducted individually and outside the presence of other persons about to be called as jurors or already called.