Contents:

• A Jury's Rights, Powers, and Duties
• Civil Trials and the Jury
• The Jury Selection Process: The Call to Jury Duty
• The Jury Experience—Do I want it?
• Your Regular Job and Compensation
• The Trial: Selection of the 12 Jurors
• Expectations of Jurors during the Trial
• Reaching a Verdict

Twelve people sit on a jury reviewing the facts of a case and the laws. These twelve votes count like no others in the United States.

Twelve jurors can determine whether or not a multi-billion dollar corporation should be held accountable for their products, services, or workplaces. Their decision can have a domino effect causing laws to change and dangerous products being taken off the market. These products include everything from cars and trucks to children's toys to prescription drugs. All because of 12 jurors' votes.

The principle of a Common Law Jury or Trial by the Country was first established on June 15, 1215 at Runnymede, England when King John signed the Magna Charta, or Great Charter of our Liberties. It created the basis for our Constitutional System of Justice. A right to a jury of our peers is clearly spelled out in 2 of the 10 amendments in the Constitution of the United States.

A Jury's Rights, Powers, and Duties

"In an American courtroom there are in a sense 12 judges in attendance, not just one. Jurors are there with the power to review the law as well as the facts. Actually, the Ojudge' is there to conduct the proceedings in an orderly fashion and maintain the safety of all parties involved.²—A Citizens Guide to Jury Duty

Members of a jury sit as judges of their peers. Juries can take as long as they want to decide a verdict. They argue among themselves. A juror should never feel that they must agree with the majority, but, as a qualified judge, each must see that justice is done, and be secure in the knowledge that they have voted their conscience and convictions, not those of someone else.

Because of the power that a jury has, the majority of jurors must agree on the decision in a civil case. (In a criminal case, the vote has to be unanimous).

Civil Trials and the Jury

In a civil or personal injury case, either side may request a jury trial. However, only about 6 percent of all cases—civil and criminal—go to a jury. Cases frequently are either settled outside of court or are tried by the judge.

Most jury trials do not last more than a few days. It is not uncommon for a jury trial to be completed within the first or second day or to be settled minutes before the trial begins. On the other hand, a complex trial that involves many witnesses may last for several weeks. Lengthy trials are rare and prospective jurors are generally advised of the expected length of the trial before they are actually selected.

The Jury Selection Process: The Call to Jury Duty

In some states, a group of potential jurors are randomly selected from property tax records and voter registration lists. In some courts, drivers license records may also be used. Potential jurors have to be:

• a resident of the geographical area served by that particular court.
• at least 18 years of age.
• not having been convicted of certain types of crime.

Beyond that, everyone is given the opportunity to be a juror regardless of age (if at least 18), race, color, creed or occupation.

A person may submit a written request for a postponement, disqualification or excuse from jury duty. While inconvenience to a prospective juror or an employer is not a legal reason to be excused from jury service, it will be considered for a one time postponement. There is no "permanent" excuses from jury service (except as allowed by Statute).

The Jury Experience—Do I want it?

Very few people ever have to go to court as plaintiffs or defendants, but when they do, they want good, honest people to listen to the evidence and decide cases fairly. Many people are apprehensive about being called for jury duty.

They may think that their time will be wasted or that the experience will be very negative. However, when asked, the majority of jurors said:

• the experience was positive.
• they learned a great deal about the legal system as well as about the particular case.
• there was satisfaction of knowing they had contributed to our system of justice.

Jurors are treated courteously and professionally by court officials, who know how important jurors are to the task of achieving fair and just results for those who come before the court.

Next time you are called for jury duty, ask yourself who you would want to have on your jury. And what if they made an excuse not to serve?

Your Regular Job and Compensation

Under some state law, an employer cannot "discharge or threaten to discharge, intimidate, or coerce any employee by reason of the employee's service or scheduled service as a juror on a grand jury, trial jury, or jury of inquest."

Jurors are compensated for their time. The amount varies depending on the court the case is being heard, but it usually varies from $10-$15 per day. Mileage and parking are sometimes included as well. If the employer is paying the juror during his or her absence, the juror must waive any additional compensation from the court.

The Trial: Selection of 12 Jurors for Trial

Potential jurors are placed on a jury panel or "venire." The judge puts the potential jurors under oath and permits the jury selection process to begin.

In some state courts, a potential juror can call a recorded message the evening prior to the day of service to confirm the need for or the cancellation of the appearance, or request a call back at a later time.

Potential jurors, who are on the juror panel, are asked questions. In some courts, the judge allows the attorneys to question the prospective jurors, while in others, the judge asks the questions.

Jurors are questioned to ensure that they will be fair and impartial, and to reveal any possible biases they may have or information they may need to make a decision. The court also wants jurors available for the entire trial in case it lasts longer than the jurors reasonably expect.

Each attorney wants jurors who would be more sympathetic to their client's case. For that reason, each side's attorney is allowed to remove three jurors without stating a reason. Attorneys use these "peremptory challenges" to remove jurors who, they suspect, will be unsympathetic to their client's case due to their backgrounds or expressed beliefs. Because the attorneys of both parties can remove biased or unsympathetic jurors, the result is, in theory, a fair, evenly balanced, and impartial jury.

Expectations of Jurors during the Trial

At the beginning of the trial, the 12 selected jurors take an oath or affirm that they will "well and truly" try the particular case for which they have been chosen, that they will wait until all the evidence has been heard before making up their minds, and that they will follow all of the judge's instructions as to the law and procedures in arriving at a verdict.

Other rules effecting jurors include that they:

• must do their best to determine the credibility of each witness.
• are not permitted to discuss the case among themselves or with anyone else until all the evidence has been presented, the attorneys have made their closing arguments, and the judge has instructed the jurors about the law that applies to the case.
• may not do any independent investigation of the matters involved in the lawsuit.
• may not discuss the case with anyone outside the courtroom until after they have deliberated in the jury room and arrived at a verdict.

Reaching a Verdict

After the attorneys have presented their evidence and made their closing arguments, the judge instructs the jurors about the laws that apply to the case. Jurors must decide cases based on the laws as they are and not as the jurors might like them to be.

Following this instruction, the jury goes to the deliberation room to consider the case and reach a verdict. The jury first elects a foreperson who sees to it that discussions are conducted in a logical and orderly fashion, that all issues are fully and fairly discussed, and that every juror is given a fair chance to participate. If the jurors have a question during their deliberation, they may write it down and ask the bailiff to deliver it to the judge.

When a verdict has been reached, the jurors agreeing to the verdict sign the verdict form and notify the bailiff. The verdict is read in open court and the judge dismisses the jurors.

After a verdict is reached, jurors don't have to discuss the case. Some may be allowed to discuss it while others may have certain restrictions put on them by the judge.