{"id":9807,"date":"2017-11-27T21:19:24","date_gmt":"2017-11-27T21:19:24","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=9807"},"modified":"2023-04-16T22:35:39","modified_gmt":"2023-04-16T22:35:39","slug":"trial-by-jury-what-to-know","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=9807","title":{"rendered":"All About Jury Trials:"},"content":{"rendered":"

Page Contents:<\/strong><\/span><\/p>\n

i. “Right to Trial by Jury” in the U.S. Constitution
\nii. How to Demand a Jury Trial
\niii. Basic Definitions
\niv. Types of Juries<\/strong><\/span>
\nv. Jury Selection (includes how to challenge jurors)<\/span><\/strong>
\nvi. Obstructions of Justice<\/a> associated with Jury Trials<\/strong><\/span>
\nvii. Types of Jury Instructions<\/span>
\n viii. Supreme Court Rulings pertaining to Jury Trials<\/span>
\nix. Types of Verdicts a Jury can Render<\/span>
\n<\/strong><\/p>\n

***********************************<\/p>\n

i. “Right to Trial by Jury”<\/span><\/strong><\/span>
\nin the U.S. Constitution:<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Trial by jury <\/em>is an essential element in obtaining a fair trial. \u00a0The U.S. Declaration of Independence<\/a> accused George III<\/a> of “depriving us in many cases, of the benefits of trial by jury.<\/span>”\u00a0<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Trial by jury is guaranteed in all criminal cases<\/a> by the Sixth Amendment<\/a>, and in most civil cases<\/a> by the Seventh Amendment<\/a>:<\/strong>
\n<\/span><\/p>\n

Sixth Amendment<\/span><\/a> – for criminal prosecutions<\/a>, guarantees speedy, public trial with an impartial local jury<\/a>, to be informed about the accusation and to be confronted with witnesses, to have compulsory process for obtaining witnesses in one’s favor, and to have assistance of counsel.<\/span><\/strong><\/p>\n

Seventh Amendment<\/span><\/a> – guarantees “right of trial by jury” and “common rules of evidence” for civil suits<\/a>.<\/span><\/strong><\/p>\n

ii. How to Demand a Jury:<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0 The complainant<\/a> has the option to demand a jury trial in a civil proceedings<\/a>, and the defendant<\/a> has the option in criminal proceedings<\/a>.<\/strong><\/span><\/p>\n

See “<\/span>How to Demand a Jury Trial<\/span><\/a>“<\/span>
\n<\/strong><\/span><\/p>\n

\u00a0 \u00a0\u00a0 If a\u00a0 jury trial is not selected, there will be a:
\n<\/span><\/strong><\/p>\n

bench trial<\/a><\/span> – a trial before a judge<\/a> without a jury; a “nonjury” aka “juryless” trial.<\/strong> \u2014 aka trial to the bench<\/em><\/strong><\/span>; nonjury trial<\/strong><\/em><\/span>; court trial<\/strong><\/em><\/span>; trial before the court (TBC)<\/strong><\/em><\/span>; judge trial<\/strong><\/span>.<\/em> [3]<\/span><\/p>\n

***********************************<\/p>\n

Notice:<\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Although\u00a0this <\/em>page\u00a0<\/em>contains information pertinent to both civil<\/em> proceedings<\/a> and<\/em><\/span> criminal proceedings<\/a>, we have also assembled a section which includes information which pertains exclusively to criminal proceedings<\/a>:
\n<\/strong><\/span><\/p>\n

trial by jury in criminal cases<\/span><\/a><\/strong><\/p>\n

***********************************<\/p>\n

iii. Basic Definitions:<\/span><\/strong><\/p>\n

trial by jury<\/span>:<\/span><\/strong><\/p>\n

1. A trial in which the jurors are the judges of the facts and the court is the judge of the law.\u00a0 State ex rel. Rhodes v Saunders<\/em>, 66 NH 39, 25 A 588<\/span>. <\/span><\/strong><\/p>\n

A matter of constitutional or statutory right to a trial by a legal, proper, fair, and impartial jury drawn from a cross section of the community.\u00a0 <\/span>31 Am J Rev ed Jury \u00a7\u00a7 7 et seq<\/span>. [1]
\n<\/span><\/strong><\/p>\n

A constitutional right to trial by jury \u201cin all cases in which it has been heretofore used,<\/span>\u201d does not extend to a suit in equity<\/a>, even\u00a0where, as incidental to the main relief sought, the complainant<\/a> asks money damages<\/a>.\u00a0 Jamaica Sav. Bank v M. S. Investing Co<\/em>. 274 NY 215. 8 NEZd 493, 112 ALR 1485<\/span>. <\/span><\/span><\/span><\/strong>[1]<\/span><\/p>\n

\n

jury<\/span>:<\/span><\/span><\/strong>
\n (15c)<\/span><\/p>\n

1. A body of laymen selected by lot, or by some other fair and impartial means, to ascertain, under the guidance of a judge, the truth in questions of fact arising in either a civil or criminal proceeding.\u00a0<\/span> 31 Am J Rev ed Jur \u00a7 2<\/span>.<\/span><\/span> <\/strong><\/p>\n

A body of 12 jurors at common law.\u00a0<\/span> 31 Am J Rev ed Jur \u00a7 121<\/span>. <\/span><\/strong>[1]<\/span><\/span><\/p>\n

1. A group of women and men selected according to law to determine the truth.\u00a0 Juries are used in various types of legal proceedings, both civil and criminal.<\/span><\/strong>[2]<\/span><\/span><\/p>\n

1. A group of persons selected according to law and given the power to decide questions of fact and return a verdict in the case submitted to them.\u00a0 *\u00a0 In certain contexts, jury embraces any fact-trier, including an arbitrator or a trial judge sitting in a nonjury proceeding.\u00a0<\/strong>\u2014 aka<\/span>\u00a0<\/span>empaneled jury<\/em><\/span><\/strong>;\u00a0impaneled jury<\/em><\/span><\/strong>.\u00a0[3]<\/span><\/p>\n

iv. Types of Juries<\/span>
\nby Category:<\/span><\/strong><\/p>\n

Petit “Common” Jury<\/span><\/a> – usually consisting of 6 or 12 persons, summoned and empaneled in the trial of a specific case.<\/strong> \u2014 aka petty jury<\/strong><\/em><\/span>; trial jury<\/strong><\/em><\/span>; common jury<\/strong><\/em><\/span>; traverse jury<\/strong><\/em><\/span>.<\/span><\/p>\n

\n

Types of Juries used in
\nSpecific, Complex Cases:<\/span><\/span><\/strong><\/p>\n

Special or “Struck” Jury<\/span><\/a> – usually at a party\u2019s request, “striking a jury” from a panel drawn specifically for an unusually important or complicated case, followed by allowing parties to alternate in striking from a list any person whom she does not wish to have on the jury.<\/strong><\/span><\/p>\n

Blue-Ribbon Jury<\/span><\/a> – consists of persons of particular advanced education or special training in order to hear a complex civil case or to sit in a grand juries.<\/span><\/strong><\/p>\n

Dual Juries<\/span><\/a> – two separately impaneled juries for two (or two sets of) defendants in a single trial \u2014 some evidence being common to both defendants, and some not \u2014 in which each jury renders a separate verdict.<\/span><\/strong><\/p>\n

Sheriff’s Jury<\/span><\/a> – selected and summoned by a sheriff to hold inquests for various purposes (i.e. assessing damages<\/a>, ascertaining the mental condition of an alleged lunatic, or to render verdict re: ownership of personal property seized under execution).<\/strong><\/span><\/p>\n

General Descriptive Terms<\/span>
\nfor Various Types of Juries:<\/span><\/strong><\/p>\n

Impartial Jury<\/a><\/span> – a jury that has no opinion about the case at the start of the trial and that bases its verdict on competent legal evidence.<\/strong><\/span><\/p>\n

Jury of Peers<\/a><\/span> – a jury comprised of persons equal in status, rank, &\/or character as the accused.<\/strong><\/span><\/p>\n

Jury of the Vicinage<\/a> <\/span>– a jury from the county (“vicinity”) where the crime occurred.<\/strong><\/span><\/p>\n

Mixed Jury<\/span><\/a> – a jury composed of both men and women or persons of different races.<\/strong><\/span><\/p>\n

Foreign Jury<\/span><\/a> – a jury obtained from a jurisdiction other than that in which the case is brought.<\/strong><\/span><\/p>\n

Types of Juries used
\nto Determine Cause of Death:<\/span><\/span><\/strong><\/span><\/p>\n

Coroner’s Jury<\/a> <\/span>– summoned by a coroner to make an inquiry into the cause of death of a person.<\/strong><\/span><\/p>\n

Inquest Jury<\/span><\/a> – summoned by a coroner, medical examiner, sheriff, or other ministerial officer in order to determine the cause of death which involved violence or other unlawful means.<\/span><\/strong><\/p>\n

Types of Juries that Deliver
\nNon-Binding Verdicts:<\/span><\/span><\/strong><\/p>\n

Advisory Jury <\/a><\/span>– a jury impaneled in a case in which the parties are not entitled to a jury trial as a matter of right, wherein the verdict is not binding on the case.<\/strong><\/span><\/p>\n

Shadow Jury<\/span><\/a> – a group of mock jurors paid to observe a trial and report their reactions to a jury consultant hired by one of the litigants, to provide counsel with information about the jury\u2019s likely reactions to the trial.<\/strong><\/span><\/p>\n<\/div>\n

\n
\n

Summary Jury Trial (SJT)<\/span><\/a> – a court-ordered settlement technique sometimes used by the federal courts in complex cases that would otherwise require a lengthy jury trial wherein which the parties argue in a mini-trial before a mock jury, generally in order to settle the case based upon the nonbinding verdict presented by the jurors.<\/span><\/strong><\/p>\n

Types of Juries used
\nHistorically:<\/span><\/span><\/strong><\/span><\/p>\n

Homage Jury<\/span><\/a> – historically, a jury in a court baron, consisting of tenants who made homage to the lord.<\/strong><\/span><\/p>\n

Jury <\/span>de medietate linguae<\/span><\/em><\/a> – historically, a jury comprised of half natives and half aliens, allowed when one of the parties is an alien (foreigner).<\/strong><\/span><\/p>\n

Jury of Matrons<\/a> <\/span>– a jury of \u201cdiscreet and lawful women\u201d impaneled to try a question of pregnancy, as when a woman sentenced to death pleads, in stay of execution, that she is pregnant, to determine if she is feigning pregnancy.<\/strong><\/span><\/p>\n<\/div>\n<\/div>\n

v. Jury Selection<\/span><\/strong><\/span>:
\n<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0 The following terms are presented in chronological order based on the order they arise before, during, and after a trial:<\/strong><\/span><\/p>\n

\u00a0<\/span>Jury Fee<\/span><\/a> – a (usually minimal) fee that a party to a civil suit must pay the court clerk to be entitled to a jury trial.<\/strong><\/span><\/p>\n

\n

Legal Terms pertaining to
\nSelecting a Jury Panel<\/a>:<\/span><\/strong><\/span><\/p>\n

Jury Commissioner<\/span><\/a> – an official who is responsible for compiling jury lists, drawing jurors for a panel, and then summoning them for duty.<\/strong><\/span><\/p>\n

Jury List<\/a> <\/span>– a roster of all people within a jurisdiction who possess the necessary legal qualifications for jury duty, or a list of people who have been placed on a jury panel.<\/strong><\/span><\/p>\n

Jury Wheel<\/a> <\/span>– a physical device or electronic system used for storing and randomly selecting names of potential jurors.<\/strong><\/span><\/p>\n

Jury Process<\/a> <\/span>– the papers served on or mailed to potential jurors to compel their attendance, and the procedure by which jurors are summoned and their attendance is enforced.<\/strong><\/span><\/p>\n

Jury Duty<\/span><\/a> – the obligation to serve on a jury <\/span><\/strong>(verb)<\/span> or the actual\u00a0 act of serving <\/span><\/strong>(noun)<\/span>.<\/span><\/strong><\/p>\n

Jury Panel<\/a><\/span> – the jury (list) empaneled for the trial of a particular case.<\/strong> \u2014 aka venire<\/strong><\/span> (pronounced “veh-neer”)<\/span><\/em>.<\/span><\/p>\n

Veniremember<\/span><\/a> – a prospective juror; a member of a jury panel.
\n<\/strong><\/span><\/p>\n

Jury Shuffle<\/span><\/a> – a process for rearranging jury panel<\/a> members (“veniremembers<\/a>“) whereby cards are shuffled to rearrange their seating before voir dire<\/a> (jury selection) begins.<\/strong><\/span><\/p>\n

Legal Terms pertaining to
\nJury Selection:<\/span><\/span><\/strong><\/p>\n

Voir Dire (Examination)<\/a><\/span> – a preliminary examination of a prospective juror<\/a> by a judge or litigant(‘s counsel) to decide whether the prospect is qualified and suitable to serve on a jury.<\/strong><\/span><\/p>\n

Challenge<\/a><\/span> – request a judge to disqualify a potential juror or an entire jury panel.<\/strong><\/span><\/p>\n