Juries

Constitutionality•6th Amendment – right to impartial jury in

federal criminal cases•7th Amendment – right to jury in civil cases

in federal courts (over $20)

States have very similar rights concerning juries. In NC…•Jury for felony criminal cases•Jury available by request for all civil cases, except small claims

Why juries?• Community’s collective wisdom is the best judge of

actions of other community members• Represent the most open kind of democratic government• Citizen engagement in the legal process

Verdicts•NC (as with most states) requires

unanimous jury decisions•Split decision = mistrial/hung trial

▫Can be tried again▫Not protected by double jeopardy because

defendant was not officially found not guilty.

•Final sentencing is left to judge, juries can make nonbinding recommendations

Jurors•Citizens who listen to case and determine

a person’s right to a property, right to freedom, or in capital cases, right to life.

Qualifications•US citizen•At least 18 years•Reside in the county of jury service•Literate in English•Mentally competent•No felony conviction or on probation•Hasn’t served on a jury in the last 2 years

Selection and Excusals•Selected at random from a list of registered

voters and driver licenses in that specific county.

•Common excuses…▫Over 70▫Childcare duties▫Caretaker of another person▫Can prove physical or mental impairment▫Job/career /student conflicts▫Personal knowledge of those involved in the case

(dismissed further in the juror selection process)

Qualified or not…• Assume all of the following people received notice to serve

on a jury in their county…• Hanz is a resident of DC and is solely a German citizen.

▫ NO – not a US citizen• Ella is 18 and a student at the local high school.

▫ YES – at least 18, however will use school as an excuse• Juan only speaks Spanish.

▫ NO – is not literate in English• Jackie is a waitress in a local diner and has never been

convicted of a felony.▫ YES – no felony and her waitress job is probably not time

restrictive• Roger is currently in a hospital receiving treatment for

schizophrenia.▫ NO – mentally incompetent

• Elizabeth is a lawyer in town and knows the defendant.▫ NO – personal knowledge of those involved in the case

Jury Types – Petit (trial) Jury• # of jurors: 6-12

• Role: decide whether defendant injured the plaintiff (civil case) or committed the crime as charged (criminal case)

• Public/Private: Trials are generally public, but jury deliberations are private.

• Defendant’s rights: the right to appear, testify, and call witness on their behalf.

• Final outcome: Verdict, in favor of plaintiff or defendant in civil case, or guilty/not guilty in a criminal case.

Jury Types – Grand Jury• # of jurors: 16-23

▫ In NC – 12-18 jurors

• Role: determine whether there is “probable cause” to believe that an individual has committed a crime and should be put on trial.▫ In NC – Superior Court level (felonies)

• Public/private: Grand jury proceedings are not open to the public.

• Defendant’s rights: Neither defendants nor their attorneys have the right to appear before the grand jury.

• Final outcome: decision to indict (formally accuse) the defendant or not.

Compensation $$$ In NCPetit Jury Grand Jury• $12 = 1st day• $20 = 2nd-5th day• $40 = 6th+ day

• $20 = each day

•By LAW, you cannot be demoted or fired from your job for missing work to serve on a jury. • However, your employer is not required to pay you for the

days missed.

•If chosen, you must serve until the trial ends, which may be from two days to several weeks. However, most jurors only serve for one or two days.

Selection Process• Voir Dire - “Speak the truth” (French)

▫ Potential jurors are questioned by attorneys on both sides of the trial to determine any prejudices or preconceived opinions that could influence juror impartiality.

• Removal for cause – potential jurors can be dismissed if found to be not impartial.▫ Ex: you know the defendant or the victim

• Peremptory challenge – attorneys can have a certain number of prospective jurors dismissed without stating a cause, however cannot be based on age, sex, or race.▫ Ex: you had a family member killed by a drunk driver and you

are a potential juror for a case involving a DWI

Trial and Verdict• Once selected to a jury for a certain case and the

trial/hearing begins…▫Judge explains juror duties during the trial/hearing▫Attorneys present their arguments, evidence, and

witnesses• After closing arguments by both sides…

▫Judge instructs the jury on its obligations and on the factual issues that the jury is required to decide.

▫Jury goes in separate room for deliberation –discuss the issues and reach a decision

▫Most criminal cases require a unanimous verdict.

Implications of being a Juror…• Mainly in capital cases

(involving the death penalty – judges can only sentence criminals to the death penalty if a jury recommends it first)▫ Increased stress▫ Decreased personal time▫ Guilt▫ Paranoia▫ Decreased communication

with family/friends▫ This American Life

wedding toast clip (234: Say Anything, Act 4 – 4 min)

▫ Juveniles and the death penalty

“…because of the seriousness of taking the life of another individual.

While I felt I had a duty to do it, under any circumstances whatsoever

when you’re responsible for the taking of the life of another individual

it’s a very serious thing and that’s emotionally upsetting, it’s hard to do,

you wrestle with it a lot. As to whether or not that’s really the

thing you ought to do. Because once you’ve taken that individual’s life,

there’s absolutely no chance for any change whatsoever. That person’s

eternal fate is sealed at that time and you wrestle with that—that’s an

emotional thing—and you think—am I really doing the right thing? It’s a hard decision to make, but it’s a

decision somebody’s got to…the most serious issues in my opinion are life

and death decisions and they’re hard.”

https://www.ajs.org/ajs/publications/Judicature_PDFs/895/Antonio_895.pdf

Recap…• What occurs when the required number of jurors cannot agree on

a verdict in a case?▫ Called a “hung jury,” results in a mistrial

• What is the process called when the jury retires to the jury room to discuss the issues and reach a decision?▫ Deliberation

• Which amendment guarantees the right to an impartial jury in criminal cases?▫ 6th Amendment

• Which amendment guarantees the right to an impartial jury in civil cases?▫ 7th Amendment

• What is the term for a jury’s decision?▫ Verdict

• What is the French phrase that has come to describe the jury selection process?▫ Voir Dire

• This term allows attorneys to dismiss potential jurors without giving a specific reason.▫ Peremptory challenge