Juries in US Law: Your Guide to the System

In the United States, the right to a trial by jury is a foundational element of the legal system, enshrined in the Constitution itself. This system places the power to decide factual matters in the hands of ordinary citizens, a practice that has deep historical roots and serves as a vital check on government power. But what exactly is a jury, and how does it function within the complex machinery of U.S. law?

What is a Jury?

A jury is a group of citizens, typically 12 in criminal cases and often fewer in civil cases, who are empowered to find the facts of a case and deliver a verdict. While the judge presides over the courtroom, rules on questions of law, and instructs the jury on legal principles, the jury’s primary responsibility is to listen to the evidence presented—including witness testimony and documents—and determine what happened. In a criminal trial, they must decide whether a defendant is “guilty” or “not guilty,” and in a civil case, they decide if a party is “liable” or “not liable”.

Types of Juries: Grand vs. Petit

The U.S. legal system utilizes two main types of juries, each with a distinct function:

• Petit Jury: Also known as a trial jury, this is the most common type and the one that comes to mind for most people. A petit jury hears evidence at trial and renders a verdict in both criminal and civil cases. A criminal petit jury usually has 12 members, and in federal court, its verdict must be unanimous.
• Grand Jury: This type of jury operates in private, away from the public eye. Its purpose is to determine whether there is enough evidence to formally charge (indict) someone with a serious crime. Grand juries do not decide guilt or innocence, but rather whether there is “probable cause” to proceed with a trial. Grand juries are made up of 16 to 23 members, and a vote of at least 12 is needed for an indictment.

The Jury Selection Process (Voir Dire)

Jury service is considered a civic duty for most adult U.S. citizens. Potential jurors are selected randomly from lists of registered voters or licensed drivers. The process of choosing the final jurors for a case is called voir dire, a French term meaning “to speak the truth”.

During voir dire, the judge and legal experts question prospective jurors to identify any biases or reasons that might prevent them from being fair and impartial. Legal experts can challenge and have a potential juror dismissed for a specific reason (“challenge for cause”) or without stating a reason (“peremptory challenge”). However, peremptory challenges cannot be used to exclude jurors based on race, sex, or ethnicity.

The Role of the Jury

The role of a jury is a cornerstone of the American legal system. Serving on a jury is one of the most direct and impactful ways for citizens to participate in their government and ensure that justice is administered by a cross-section of the community, not just a single judge. After hearing all the evidence, the jury retires to a private room to deliberate. This deliberation process is confidential, allowing jurors to discuss the case freely and reach a verdict.

Summary of the Jury System

The jury system is a cornerstone of American democracy, providing a vital check on the government’s power. Its key functions include:

1. Constitutional Right: The right to a jury trial is guaranteed by the Sixth and Seventh Amendments of the U.S. Constitution.
2. Fact-Finding: The jury’s main role is to determine the facts of a case, while the judge interprets the law.
3. Jury Selection: The voir dire process is designed to select an impartial jury free from bias.
4. Verdict: The jury’s final decision is known as a verdict, which, in most serious criminal cases in federal court, must be unanimous.
5. Checks and Balances: The jury system ensures that the voice of the people is heard in the judicial branch of government, upholding a core principle of American democracy.

Frequently Asked Questions

Q: Can a jury’s verdict be overturned?

A: Generally, a jury’s verdict is final and cannot be scrutinized or overturned, especially in the absence of fraud.

Q: What is “jury nullification”?

A: Jury nullification occurs when a jury, despite believing a defendant has violated the law, acquits them because they believe the law itself is unfair or invalid. This is not a common occurrence, and while a verdict cannot be overturned on these grounds, it is not a recognized legal principle.

Q: Is jury service mandatory?

A: Yes, jury service is a required duty for eligible U.S. citizens. Failure to appear after being summoned can result in fines or other penalties.

Q: How many people are on a jury?

A: In federal court, a criminal jury typically has 12 members. Civil juries can have as few as six. The number can vary by state and the type of case.

The American legal system, with its reliance on juries, is a testament to the power of citizen involvement in the pursuit of justice. By understanding the role of the jury, citizens can appreciate their critical function in upholding the law and ensuring a fair society.

Jury, Petit Jury, Grand Jury, Jury Selection, Voir dire, Jury Nullification, Verdict, Jury Trial