Jury

A jury is a body of persons convened to render an impartial verdict (finding of fact) on a legal question officially submitted to them, or to set a penalty or judgement in a jury trial of a court of law.

Overview

In most criminal justice systems which require juries, panels are initially selected at random from the adult population of the district served by the court concerned. A person who is serving on (that is, part of) a jury is known as a juror.

The requirements for a jury are fairly universal. The number of jurors must be a specified size (often but not always 12), and since there is always the possibility of jurors not completing the trial for health or other reasons, often some alternate jurors are nominated, who will also follow the trial (but do not take part in deciding the verdict), as a precaution in case a new juror is needed part way through the trial.

Serving on a jury is normally compulsory if a citizen is chosen (exceptions and exclusions vary between jurisdictions and are discussed below). Since a jury is intended to be an impartial panel capable of reaching a verdict, there are often procedures and requirements, for instance, fluent understanding of the language, or the ability to test jurors or otherwise exclude jurors who might be perceived as less than neutral or more partial to hear one side or the other.

The jurors hear the cases presented by both the defense and prosecution, and in some jurisdictions a summing-up from the judge. They then retire as a group to consider a verdict. The majority required for a verdict varies. In some countries their decision making process is private and may not be disclosed, in others it may be discussed but only after the trial has ended.

In commonlaw countries such as Great Britain and the USA, the role of the jury is the "finder of fact", while the Judge has the sole responsibility of interpreting the appropriate law and instructing the jury accordingly. Occasionally, a jury may find the defendant "not guilty" even though he violated the law if the jury thinks that the law is invalid or unjust. This is commonly referred to as jury nullification. When there is no jury ("bench trial"), the Judge makes factual rulings in addition to legal ones. In most European jurisdictions, the Judges have more power in a trial and the role and powers of a jury are often restricted.

Actual jury law and trial procedures differ between countries.

The concept of a modern jury trial stems back to Magna Carta, where the right was given in England for nobles to be tried by a panel of their peers, rather than by summary judgement by the king or other official who often had utter and arbitrary power to impose their own choice of judgement. Many ancient cultures had similar concepts, noteably the ancient Jewish state had a similar concept of a panel of judges called the Sanhedrin which served a similar purpose.

Selection

A common method for drafting jurors is to draw them at random from electoral rolls. The most common exclusions are for people whose job in some way precludes them (for instance, teachers, doctors, firefighters, people who themselves work in the criminal justice system), are caring for young children, have an interest in the case, or who have health problems or serious criminal records. In some jurisdictions in the United States, prior legal education or being a lawyer may also be a reason to be exempted, under the theory that a legal professional may be overly influential to other jurors. However, in recent years, many jurisdictions have eliminated these exemptions.

In the United States, potential jurors form the jury in waiting or jury pool. Jurors are picked by a selection process. If the jury in waiting is exhausted without the jury being completed the clerk of the court has to ask the jury assembly area to send more jurors.

Selected jurors are generally subjected to a system of examination whereby both the prosecution (or plaintiff, in a civil case) and defense can object to a juror. In common law countries, this is known as voir dire. The method and scope of the possible rejections varies between countries:

In England these objections would have to be very well based, such as the defendant knowing a potential juror, to be allowed.
Some jurisdictions, such as France and New Zealand give both the defense and prosecution a specific number of unconditional peremptory challenges. No justifications have to be brought to exclude a specific juror. Generally, defense attorneys exclude jurors who have professions or backgrounds similar to that of the victim and who could thus feel an emotional link to them.
Some systems allow argument over whether a juror's particular background or beliefs make them biased and therefore unsuitable for service on the jury. In the United States, and probably other nations, it is hardly unknown for citizens to quite deliberately get out of jury duty (for example by mentioning knowledge of legal concepts).
In Australia, unusual rules apply to jury trials, see National practice: Australia below

Trial procedures

France (Napoleonic code)

In France and similarly organized jurisdictions, the jury sits on an equal footing with three professional judges. The jury and judges first consider the questions of guilt. Then, if applicable, they consider the penalty to apply.

United States and UK (Common Law)

In the United States, if no verdict can be reached by the jury (a situation sometimes referred to as a hung jury), a mistrial is declared, and the case must be retried with a newly constituted jury. The jury, in most cases, only rules on questions of facts on guilt; setting the penalty is reserved for the judge.

There is no set format for jury deliberations, and the jury will take a period of time to settle into discussing the evidence. In theory electing a foreman is the first step, although for a short or straightforward case this might not in fact happen other than picking someone to deliver the verdict at the end having arrived at it.

The foreman if elected will chair the discussions and it is his or her job to try and steer the jury towards a conclusion. The first step will typically be to find out the initial feeling or reaction to the case, which may be by a show of hands. The jury will then attempt to arrive at a consensus verdict.

The exchanges of views as people with opinions that differ from the emerging consensus explain them will air the issues involved in the case and often as a result points will arise from the trial that were not specifically discussed during it. The result of these discussions is likely to be that one interpretation is shown to be the most reasonable, and a verdict is thus arrived at.

Verdicts

Some jurisdictions allow majority verdicts in criminal cases if a juror becomes unfit to continue, or if a judge permits it when a jury is deadlocked. Certain jurisdictions require a minimum number of jurors to agree, but in others (notably Scotland) a simple majority is acceptable. Other than that, there are no restrictions on how a jury may proceed to reach such a verdict, and no set time limit. Occasionally juries deliberate for several days. Usually initially a judge will instruct a jury not to contemplate a majority verdict. After a time, if no verdict is forthcoming, the judge will recall the jury and instruct them that he is prepared to consider one.

In English law, the jury's deliberations must not be disclosed outside the jury, even after the case, and to repeat parts of them is contempt of court and can result in imprisonment. In the USA this rule does not apply, and sometimes jurors have made remarks that called into question whether a verdict was properly arrived at.

Sometimes a jury will take a wider view than the judge's summing up, and reach a verdict influenced by or based on their view of the public interest - that is, whether they think it right, all things considered, for the defendant to be convicted of a crime. Verdicts which appear not to apply the law to the evidence are sometimes called "perverse" verdicts.

Imposition of penalties for guilty verdicts

In the United States, some juries are also empowered to consider some aspects of a defendant's sentence, if the defendant has been convicted. This is notably now a requirement in all death penalty cases.

This is not the practice in most other legal systems based on the English tradition, in which judges retain sole responsibility for deciding sentences according to law. The exception is the award of damages in English law libel cases, although a judge is now obliged to make a recommendation to the jury as to the appropriate amount.

National practice

The United States

In the US, juries are used in both criminal law and civil law trials, though they are quite different.

In criminal law, separate juries are convened to decide if a suspect should be indicted (formally charged with a crime) - a grand jury - and if the suspect should be found guilty - a petit jury. In many areas, depending upon the law, a third jury will determine what the penalty should be or recommend what the penalty should be in the penalty phase. When used alone the term jury usually refers to a petit jury.

American criminal justice procedure whereby, in each court district, a group of 16-23 citizens hold an inquiry on criminal complaints brought by the prosecutor and decide if a trial is warranted, in which case an indictment is issued. In general, the size of juries tends to be larger if the crime alleged is more serious. If a Grand Jury rejects a proposed indictment it is known as a "no bill"; if they accept to endorse a proposed indictment it is known as a "true bill".

The Sixth Amendment to the United States Constitution guarantees the right to jury trial in both state and federal criminal proceedings, although in practice most criminal actions in the US are resolved by plea bargain. Juries are also used in many civil cases in the United States, and the Seventh Amendment to the United States Constitution explicitly protects the right to a jury trial in civil cases tried in the United States District Courts.

Jury selection is a rather complicated process. A jury is made up from a list of citizens living in the jurisdiction of the court. When selected, being a juror is in principle compulsory. However, jurors can be dismissed for several reasons and many people are released from serving on a jury. People can, for instance, claim hardship if they take care of their children, or claim to be biased. It is sometimes joked that a jury is not "a jury of one's peers", but is instead "twelve people too stupid to get out of jury duty." (Homer Simpson famously quoted this).

France

The jury is made of 9 lay jurors in first instance and 12 on appeal, supplemented with 3 professional judges. Both the jurors and the judges, sitting with equal rights, first judge the facts, then sentence the criminal.

Jury selection is a rather complicated process. A jury is made up from a list of citizens registered for voting in the jurisdiction of the court, but there are exemptions (because of old age, for instance) and incompatibilities with certain public positions. Attendance is otherwise compulsory, but costs and loss of pay are compensated by the state.

England and Wales

In England and Wales, the jury consists of 12 jurors, each randomly selected from the electoral register for the locality of the court. Following the Criminal Justice Act 2003, most people between the ages of 18 and 69 will be eligible. The primary exemptions are those with criminal convictions or who are on bail and those with mental disorders. Prior to the 2003 Act the exemptions were considerably wider ranging. They included insufficient understanding of English, certain occupations (e.g. students, teachers, armed forces and MPs) and being a member of a closed religious order. Any summoned juror may defer their jury service for up to 12 months with good reason. The court will reimburse some lost earnings and travel costs and provide a catering allowance.

As regards the selection process, a large number are selected at random from the electoral register -- many more than needed, since some may request excusal, defer initial service or be moved to another court (due to a change of address not notified). When a court requires a jury, 14-16 potential jurors (sometimes more if there are expected to be problems selecting a jury - 25 has been known) are selected at random from those in attendance, and led to the courtroom by an usher. Once there, 12 names are drawn from the list and, pending objection (which is heard immediately) or a request to 'stand by for the Crown' (heard only if fewer than 12 are empanelled), sworn in. Jurors can either take an oath swearing on a religious book of their choice, or make a faith-neutral affirmation.

Before being sworn in, the judge will, in the event of a long case, ask if anyone would have a problem with serving on such a case. This can be done by inviting the jurors to speak to the judge individually, so that their exact reasons need not be disclosed to everyone in the court. If employment related grounds are cited, the juror is expected to be able to argue that he and only he can do a task at work that must be done before his jury service would finish. Self employed people whose businesses might evaporate during long jury duty are likely to be heard sympathetically.

Jury duty generally involves a lot of waiting to be called down for possible selection for a jury. This is seen as being unavoidable since the jury summons are based on estimates of how many cases are expected to start. Some defendants plead guilty at the beginning of a trial, and there may be other reasons, such as legal argument, why a jury does not in fact get selected on that particular day. There is also a warn list which means that a case might get called only at lunchtime the day before being heard.

In English law, juries are only used in civil cases for libel, or in some cases where the state is the defendant, such as some cases of wrongful imprisonment.

Scotland

In Scotland, juries are usually found only in criminal trials before the High Court of Justiciary or before the Sheriff Court, and have 15 members drawn from the electoral roll. A simple majority is required to convict. Jury trials in civil cases are very rare, and tend only to be found in actions for defamation or personal injury before the Court of Session. Such a jury will have 12 members, drawn from the electoral roll for the Edinburgh area.

Australia

Juries are used in Australia in more serious criminal matters. No offence for which the maximum penalty is less than 2 year imprisonment is triable by a jury. These are tried by a Magistrate alone. In the State of Victoria juries are still provided for more serious civil matters. Criminal juries have 12 members (sometimes with reserves who hear the evidence and can deliberate if a primary juror falls ill). Civil juries have 6 members. The grand jury procedure has been replaced by a committal system throughout Australia. Potential jurors (picked randomly from the electoral roll) form a pool of roughly 50 people. They assemble in court. The judge explains what the trial is about, how long it might be expected to take and the names of the expected witnesses. The pool is then asked whether any members know any of the people so far named or any of the lawyers or court staff. If so, they are excused. The judge then asks the pool whether anyone has a reasonable excuse for not serving. The excuse is heard on oath. Those who have a good excuse (extreme finacial hardship, care of an ill or infant relative) are excused. The remainder of the pool is individually called by name and occupation (or previous occupation if retired or unemployed), for example, "John Smith, retired bricklayer", "Mary Jones, unemployed publisher". That is all the accused knows of the potential jurors. Each person walks past the dock so that the accused can see the potential juror. If the accused objects to the juror, he says "Challenge". He may do this 6 times in a criminal trial (3 in a civil matter) without giving any reason. He has an unlimited number of challenges for cause. That is, for a good reason (he knows the juror, the juror knew the victim etc.). Challenged jurors are excused. Once 12 people have successfully paraded past the accused without challenge the jury is empanelled.

External links

References

D. J. A. Cairns, Advocacy and the Making of the Adversarial Criminal Trial, 1800-1865 (Oxford: Clarendon Press, 1998)