Chapter 5 - EXHIBIT 5E • 2020 COLJI-CRIM. B:01 JURY SELECTION "SCRIPT"

• Jurisdiction: Colorado

EXHIBIT 5E • 2020 COLJI-CRIM. B:01 JURY SELECTION "SCRIPT"

B:01 INTRODUCTORY REMARKS, JUROR QUALIFICATIONS, AND JURY SELECTION

Good Morning, Ladies and Gentlemen:

Welcome to [Courtroom] [Division] No. [ ] of the [ ] Court. I am Judge [ ].

I want to thank all of you for your service. Jury service is both a right and a responsibility of citizenship in this country. We deeply appreciate your participation in this important aspect of our democratic society.

Before we begin the trial, I want to tell you what will be happening. Let me start by introducing the people involved.

This is a criminal case. It was filed on behalf of the People of the State of Colorado by the District Attorney's office. We will sometimes refer to the District Attorney as the "Prosecution" or the "People." The District Attorney's Office is represented by [ ] in this case. The "Defendant" is [ ].

[He [she] is represented by [ ].]

[He [she] has decided to represent himself [herself] instead of being represented by a lawyer. It is his [her] right to do this. His [her] decision to represent himself [herself] has nothing to do with whether he [she] is guilty or not. His [her] choice to represent himself [herself] cannot be considered by the jury for any purpose and should not influence the jury's decision in any way. It must not result in either prejudice against the defendant or sympathy for the defendant.]

[The person seated beside the defendant is [insert name of counsel], who is an advisory attorney. An advisory attorney serves as a resource to help the defendant with legal matters during trial, but will not address the Court or the jury during the trial.]

The charge[s] against the Defendant [is] [are] contained in what is called an [information] [indictment] [complaint].

[The [information] [indictment] [complaint] in this case reads as follows:]

[The following is a summary of the charges in this case:]

[Note to court: Crim. P. 24(a)(2)(v) states that "the judge shall explain . . . in plain and clear language . . . [the] elements of charged offenses."]

The charge itself is not evidence of anything. It is not proof the defendant committed any crime. No juror should assume the defendant committed a crime just because he [she] was charged with doing so.

The Defendant has pleaded "not guilty" to the charge[s]. By pleading "not guilty," the defendant says that he [she] did not commit the crime[s] charged. The defendant is presumed to be innocent. Therefore, the prosecution has the burden of proving the charge[s] beyond a reasonable doubt. At the end of the trial, the jury will decide whether the prosecution has proven, beyond a reasonable doubt, that the defendant is guilty of the crime[s] charged.

We will select [ ] jurors [and [ ] alternate[s]] to be the jury. These jurors will consider all of the evidence presented during the trial. The jurors will then decide what has been proved, based on all of the evidence.

Then, based upon the law which I will explain to you, the jury will decide whether the prosecution has proved any charges beyond a reasonable doubt.

Before we begin with the jury selection process, I want to explain a few other matters.

[If you are selected to be on the jury, you will be able to go home each evening, but you will have to follow certain rules. I will explain those rules later.]

[If you are selected to be on the jury, you will be sequestered and have to follow certain rules. I will explain those rules later.]

If you are excused from being a juror in this case, you may have to return to the main jury room, if we still need jurors in other courtrooms.

In a few minutes I will be asking all of you some questions. These questions are not intended to embarrass you, but to find out if you are qualified to be a juror.

If any of you need to answer a question about a sensitive matter that you prefer to discuss privately, please let me know and we will have a more private...