Participating in the Jury System
Today’s jury system is the result of changes that have resulted since the writing of the Sixth Amendment, the development of state and local laws, and Supreme Court decisions that oversee our civil rights.
There are two forms of modern juries with very different purposes:
- Grand Jury – This jury weighs evidence in criminal cases only and issues a decision as to whether the prosecution may indict an individual. A grand jury does not exist in every state. Jurors do not have to agree unanimously in order to issue an indictment.
- Trial Jury or Petit Jury – There are 12 jurors and they must reach a unanimous verdict in criminal cases. If they cannot agree on a verdict, a “hung jury” occurs and a new trial must be held or the case dismissed.
Terms and Definitions
- Bailiff: An officer who assists the court and jury and maintains order.
- Civil Case: A claim for money to compensate for the wrongdoing of one person or organization to another.
- Criminal Case: A case in which an individual is accused of committing a crime.
- Defendant: The person against whom a case is brought.
- Defense Attorney: The lawyer for the defendant.
- Foreperson: One of the 12 jurors who is elected by them to lead deliberations and announce the verdict to the court. This was formerly known as the foreman.
- Plaintiff: A person or organization that starts a civil lawsuit by claiming damage.
- Prosecution: The federal, state, or local government that is accusing an individual of committing a crime.
- Prosecuting Attorney: A lawyer for the prosecution.
- Voir Dire: A pre-selection process meaning “to speak the truth” in which lawyers for both sides question potential jurors to determine if they might be biased or unfair. As a result, a potential juror may be dismissed “for cause.”
Jury Selection
Requirements for jury duty:
- be a citizen of the United States
- be at least 18 years old
- reside primarily in the judicial district for at least one year
- be able to read, write, speak, and understand the English language
- be mentally and physically capable of rendering jury service
- not have felony charges pending
- not have felony convictions
Selection of Jurors:
- potential jurors are selected at random from voter registration lists and sometimes driver’s license lists to receive a questionnaire determining their eligibility for jury service.
Groups exempt from jury service:
- members of the armed forces on active duty
- members of professional fire and police departments
- public officers of federal, state, and local governments who are actively engaged in the performance of public duties.
Additional reasons to be excused or postponed from jury duty may include:
- teachers
- small business owners
- nurses or healthcare providers
- mothers with small children
- jobs that require out-of-state or foreign travel