What Is Jury?

A jury is a group composed of the peers of the parties or a cross-section of the community, summoned and sworn to decide on the facts in issue at a trial.

Jury: Group of Peers Summoned to Decide Facts in a Trial

A jury is a legally designated group of individuals selected from the general population to deliberate and deliver a verdict on matters of fact in a legal case. Typically summoned through a process of random selection and vetting, jurors are sworn to review evidence, hear testimonies, and apply the law as directed by the judge, aiming to reach an impartial decision based on the facts presented during the trial.

Role and Functions of a Jury

Adjudication of Facts

The primary function of a jury is to determine the truth in factual disputes. Jurors listen to the arguments presented by both sides, review the admissible evidence, and deliberate collectively to arrive at a verdict.

Representation of Community

Jurors are ideally a cross-section of the community, representing various demographics to ensure the decision reflects societal norms and values.

Applying the Law

Though jurors are laypersons in legal matters, they are instructed on the relevant laws by the judge overseeing the case. Their role includes applying these legal principles to the facts they have determined.

Types of Juries

Petit Jury

A petit jury, also known as a trial jury, typically consists of 6 to 12 members. It is used in both criminal and civil cases to determine guilt or liability.

Grand Jury

A grand jury is larger, commonly comprising 16 to 23 members. It determines whether there is enough evidence to indict (formally charge) someone with a crime. Grand juries do not decide on guilt or innocence.

Selection and Service

Jury Pool and Summoning

Potential jurors are randomly selected from public records, such as voter registrations or driver’s licenses. Qualified individuals receive a summons to appear for jury duty.

Voir Dire

During the process of voir dire, attorneys for both parties question potential jurors to uncover biases and determine their suitability for specific cases.

Historical Context

The concept of a jury dates back to ancient Greece and Rome, with the modern jury system evolving in England. It was established as a fundamental right in the English common law and subsequently adopted in different legal systems worldwide, including in the United States through the Sixth and Seventh Amendments to the Constitution.

Applicability and Impact

Criminal Trials

In criminal cases, the jury decides whether the defendant is guilty beyond a reasonable doubt. The verdict can lead to penalties, including imprisonment or fines.

Civil Trials

In civil cases, the jury determines liability and possibly awards damages. The standard of proof is typically “preponderance of the evidence.”

Bench Trial

A bench trial occurs without a jury, where the judge determines the facts and applies the law.

Arbitrator

An arbitrator is a neutral third party used in arbitration to resolve disputes outside the court system. Unlike jurors, arbitrators are often experts in the relevant field.

FAQs

Can a Jury's Decision be Overturned?

Yes, a jury’s verdict can be overturned by an appellate court if legal errors affected the trial’s outcome.

How Long Does Jury Deliberation Last?

There is no fixed duration for jury deliberation; it can last from a few hours to several days, depending on the case’s complexity.

What Happens if the Jury Cannot Reach a Verdict?

If a jury cannot agree on a verdict, it leads to a hung jury, and the judge may declare a mistrial, necessitating a new trial with a different jury.

References

  1. Cornell Law School: Jury Basics
  2. Mathias, John. “The Jury System.” Legal Studies Journal, vol. 12, no. 1, 2020, pp. 15-28.

Summary

Juries are a fundamental component of the judicial system, ensuring that the community participates in the administration of justice. By determining the facts and applying the law, juries uphold democratic principles and contribute to fair and impartial legal proceedings.


This entry provides a comprehensive overview of what a jury is, its roles and functions, types, selection processes, historical context, and other essential details, ensuring readers are well-informed about this critical aspect of the legal system.

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