Jury duty

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Jury duty or jury service is a service as a juror in a legal proceeding. Different countries have different approaches to juries: [1] variations include the kinds of cases tried before a jury, how many jurors hear a trial, and whether the lay person is involved in a single trial or holds a paid job similar to a judge, but without legal training. [1]

Contents

Juror selection process

In the English model, potential jurors are generally summoned for duty, and then interviewed for their suitability to serve on the jury for a particular trial. [1] The prosecutor and defense can dismiss potential jurors for various reasons, which can vary from one state to another, and they can have a specific number of arbitrary dismissals, or unconditional peremptory challenge, which does not require specific reasons. The judge can also dismiss potential jurors.

Some courts had been sympathetic to jurors' privacy concerns and refer to jurors by number, and conduct voir dire in camera (i.e., in private). In the United States, there have also been objections to requiring jurors to publicly give private information about themselves, such as medical conditions or whether they have used illegal drugs, even though this personal information might be relevant, for example, in a case about medical malpractice or drug trafficking. [2]

A jury duty summons Jury summons.jpg
A jury duty summons

Juries based on English model

The English model of a jury draws jurors from among the citizens. [1] This approach is based on the traditions of English common law. [1] This approach uses an adversarial system, and the jury is separate from the court. [1] Generally the point of the jury is to determine whether the prosecution has proven the defendant to be guilty. [1] The jury generally does not choose the penalty. [1] This model is used in Australia, Canada, New Zealand, the United Kingdom, the United States, and many former British colonies, as well as Austria and Spain. [1]

Australia

Potential jurors in Australia are randomly selected from an electoral roll.

Jurors receive a small payment for each day of attendance. Employers are also required to pay their employees "make-up pay", that is, the usual pay the employee would have earned from working, less the jury duty payment received from the state. [3] Under the National Employment Standards, make-up pay is required only for the first ten days of jury service; however, the laws of Victoria, Queensland and Western Australia extend the make-up pay requirement for the entire duration of the jury service. [4]

New South Wales

The jury system in New South Wales is administered by the Jury Services Branch of the Office of the Sheriff of New South Wales, an office in the New South Wales Department of Attorney General and Justice, and operates in accordance with the Jury Act 1977 [5] and Jury Amendment Act 2010. These laws detail persons who are disqualified, ineligible, or may be excused from jury service. In addition, the Jury Exemption Act 1965 [6] [7] and section 7, "Excuse for cause", [8] of LRC Report 117 (2007) details other persons who can or may not serve as jurors or otherwise claim exemption. [9]

Individuals who are blind and/or deaf may be excluded from jury service. [10]

During the juror selection process, both parties can object to up to three potential jurors without providing reasons. [11]

The Office of the Sheriff of NSW disseminates resources for jurors. [12] Jurors may be compensated for their service. [13]

United Kingdom

According to 2016 figures from the Ministry of Justice, there is about a 35% chance of people in England and Wales being summoned for jury service over the course of their lifetime. In Scotland, the percentage is much higher due to having a lower population as well having juries made up of 15 people (as opposed to 12 people in England and Wales). [14]

United States

When a person is called for jury duty in the United States, that service is mandatory, and the person summoned for jury duty must attend. Failing to report for jury duty can result in a wide range of penalties, from simply being placed back into the selection pool to immediate criminal prosecution and having a bench warrant issued for contempt of court. [15] [16] [17] Employers are not allowed to fire an employee for being called to jury duty, but they are typically not required to pay salaries during this time. [15] Jury duty reimbursement is as little as $5 per day, although a juror can plead to be excused for financial hardship. [18] An individual who reports to jury duty may be asked to serve as a juror in a trial or as an alternate juror, or they may be dismissed.

In the United States, government employees are in a paid status of leave (in accordance with 5 U.S.C.   § 6322 [19] ) for the duration of time spent serving as a juror (also known as court duty or court leave by some organizations). Many quasi-governmental organizations have adopted this provision into their contract manuals. [15] Accordingly, government employees are in a paid status as long as they have received a summons in connection with a judicial proceeding, by a court or authority responsible for the conduct of that proceeding to serve as a juror (or witness) in the District of Columbia or a state, territory, or possession of the United States, Puerto Rico, or the Trust Territory of the Pacific Islands.

The US Supreme Court has held, in Butler v. Perry , 240 U.S. 328 (1916), that the Thirteenth Amendment, which prohibits "slavery [and] involuntary servitude, except as a punishment for crime," does not prohibit "enforcement of those duties which individuals owe to the state, such as services in the army, militia, on the jury, etc."

In both the United States and Canada, jurors having conscientious objection to service are generally excused from service. This chiefly includes religious groups such as the Amish, Conservative Mennonites, and Old Order Mennonites.[ citation needed ]

Jury scam in the United States

Since 2012, some US citizens have been targets of a "jury scam", wherein they are called by persons posing as officers from a court, claiming that the person did not show up for jury duty and that charges will be pressed. Potential victims of identity theft or identity fraud, these individuals are then told that the matter can be resolved if personal information is given. The US Department of Justice recommends that recipients of these calls contact the court directly to avoid falling victim to this scam. [20]

Federal courts mostly use the United States Postal Service in their communications with prospective jurors, and any calls that are made will never ask for personal information. [20]

Mixed tribunal

A mixed tribunal is one in which the case is tried collaboratively by a combination of trained judges and lay jurors. The judges and the jurors are officially considered equal but have distinct roles. The judges and jurors tend, in most cases, to agree with each other, though in a few cases, they take different perspectives. Compared to the English model, mixed tribunals are more likely to result in agreement between the judge and the jury. [1]

In the German Schöffen model, a trained judge and two lay judges collaborate to determine whether a defendant is guilty. The jurors are considered part of the court, and work with the judge throughout a trial. The jurors are allowed to ask questions of the prosecution and defense during the trial. [1]

In France, judges and lay jurors similarly work together, but the number of lay people involved is much larger, ranging from 9 to 12 jurors plus a panel of three professional judges. French jurors are selected at random and work with the judges only during the final deliberations. [1]

In a third model of collaborative juries, the court includes jurors with relevant expertise in certain trials. For example, in Croatia, juvenile court cases are required to have jurors with experience in juvenile education, such as teachers. [1]

Russia used a mixed tribunal system until 1993, and then converted to an adversarial model that requires juries to answer specific questions about facts, rather than producing a verdict of guilty or not guilty. [1]

In the state of Vermont in the United States in certain lower courts the verdict is decided by two elected lay people known as side judges along with the professional judge.

Lay judges

In some systems, minor cases are decided by an individual who does not have legal training. [1] This can be considered a form of jury service in the sense that the verdict is decided by a citizen with no legal training. [1]

Related Research Articles

Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the court. A similar attitude toward a legislative body is termed contempt of Parliament or contempt of Congress. The verb for "to commit contempt" is contemn and a person guilty of this is a contemnor or contemner.

A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand jury is separate from the courts, which do not preside over its functioning.

<span class="mw-page-title-main">Jury trial</span> Type of legal trial

A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial, in which a judge or panel of judges makes all decisions.

Negligence is a failure to exercise appropriate care expected to be exercised in similar circumstances.

<span class="mw-page-title-main">Jury</span> Group of people to render a verdict in a court

A jury is a sworn body of people (jurors) convened to hear evidence, make findings of fact, and render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Most trial juries are "petit juries", and usually consist of twelve people. A larger jury known as a grand jury has been used to investigate potential crimes and render indictments against suspects.

Jury nullification, also known in the United Kingdom as jury equity, or a perverse verdict, is when the jury in a criminal trial gives a verdict of not guilty even though they think a defendant has broken the law. The jury's reasons may include the belief that the law itself is unjust, that the prosecutor has misapplied the law in the defendant's case, that the punishment for breaking the law is too harsh, or general frustrations with the criminal justice system. Some juries have also refused to convict due to their own prejudices in favor of the defendant. Such verdicts are possible because a jury has an absolute right to return any verdict it chooses. Nullification is not an official part of criminal procedure but is the logical consequence of two rules governing the systems in which it exists:

  1. Jurors cannot be punished for passing an incorrect verdict.
  2. In many jurisdictions, a defendant who is acquitted cannot be tried a second time for the same offense.

A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. A hung jury may result in the case being tried again.

Beyond (a) reasonable doubt is a legal standard of proof required to validate a criminal conviction in most adversarial legal systems. It is a higher standard of proof than the standard of balance of probabilities commonly used in civil cases because the stakes are much higher in a criminal case: a person found guilty can be deprived of liberty or, in extreme cases, life, as well as suffering the collateral consequences and social stigma attached to a conviction. The prosecution is tasked with providing evidence that establishes guilt beyond a reasonable doubt in order to get a conviction; albeit prosecution may fail to complete such task, the trier-of-fact's acceptance that guilt has been proven beyond a reasonable doubt will in theory lead to conviction of the defendant. A failure for the trier-of-fact to accept that the standard of proof of guilt beyond a reasonable doubt has been met thus entitles the accused to an acquittal. This standard of proof is widely accepted in many criminal justice systems, and its origin can be traced to Blackstone's ratio, "It is better that ten guilty persons escape than that one innocent suffer."

A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.

Jury selection is the selection of the people who will serve on a jury during a jury trial. The group of potential jurors is first selected from among the community using a reasonably random method. Jury lists are compiled from voter registrations and driver license or ID renewals. From those lists, summonses are mailed. A panel of jurors is then assigned to a courtroom.

<span class="mw-page-title-main">Trial</span> Coming together of parties to a dispute, to present information in a tribunal

In law, a trial is a coming together of parties to a dispute, to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute.

<span class="mw-page-title-main">Court of assizes (Belgium)</span> Criminal court in Belgium

The court of assizes is the trial court which tries the most serious crimes in the judicial system of Belgium. It is the highest Belgian court with criminal jurisdiction; as such, it is the only Belgian court that can sentence someone to life imprisonment. The courts of assizes are not permanent courts; a new court of assizes is assembled for each new trial. There is a court of assizes in each of the ten provinces of Belgium, as well as one in the arrondissement of Brussels-Capital which is not part of any province. Further below, an overview is provided of the eleven courts of assizes and their seats. They are the only courts in Belgium for which the provinces are used as territorial subdivisions. They are also the only courts in Belgium that hold jury trials. The jury acts as sole trier of fact, but decides on the penalty together with the judges. The trial by jury of certain crimes is laid down in article 150 of the Belgian Constitution. The Belgian courts of assizes have the same origin as their French namesakes.

<span class="mw-page-title-main">Juries in England and Wales</span> Law of trial by jury in England and Wales

In the legal jurisdiction of England and Wales, there is a long tradition of jury trial that has evolved over centuries. Under present-day practice, juries are generally summoned for criminal trials in the Crown Court where the offence is an indictable offence or an offence triable either way. All common law civil cases were tried by jury until the introduction of juryless trials in the new county courts in 1846, and thereafter the use of juries in civil cases steadily declined. Liability to be called upon for jury service is covered by the Juries Act 1974.

A lay judge, sometimes called a lay assessor, is a person assisting a judge in a trial. Lay judges are used in some civil law jurisdictions. Lay judges are appointed volunteers and often require some legal instruction. However, they are not permanent officers. They attend proceedings about once a month, and often receive only nominal or "costs covered" pay. Lay judges are usually used when the country does not have juries. Lay judges may be randomly selected for a single trial, or politically appointed. In the latter case they may usually not be rejected by the prosecution, the defense, or the permanent judges. Lay judges are similar to magistrates of England and Wales, but magistrates sit about twice as often.

Jury selection in the United States is the choosing of members of grand juries and petit juries for the purpose of conducting trial by jury in the United States.

The history of trial by jury in England is influential because many English and later British colonies adopted the English common law system in which trial by jury plays an important part.

The practice of trial by jury has a long history in Hong Kong. Like most jurisdictions with jury trial, this tradition was introduced into Hong Kong when it became a British colony. The Ordinance for the Regulation of Jurors and Juries was first enacted in 1845. Ever since then, the practice of trial by jury has been important part of Hong Kong’s judicial system. This is also recognised in the Basic Law, Article 86: "The principle of trial by jury previously practised in Hong Kong shall be maintained."

<span class="mw-page-title-main">Trial by jury in Scotland</span>

Trial by jury in Scotland is used in the courts of Scotland in solemn procedure for trial on indictment before a judge and jury for serious criminal cases, and in certain civil cases.

The North Carolina jury selection policies govern a process used to find a panel of jurors who will be fair and impartial to both sides during a trial. North Carolina jury selection policies are documented in the North Carolina General Statutes § 9-1 through 9-9. These policies were originally passed in 1967, and they were revised in 2011. Jury selection is the procedure whereby persons from the community are called to court, questioned by the litigants as to their qualifications to serve as a juror and then either selected or rejected to serve as a juror.

<span class="mw-page-title-main">Women in United States juries</span>

The representation of women on United States juries drastically increased during the last hundred years because of legislation and court rulings. Until the latter part of the twentieth century, women were routinely excluded from jury service. The push for women's jury rights sparked a debate similar to that surrounding the women's suffrage movement. At that time, it filled the media with arguments for and against. Federal and state court case rulings increased women's participation on juries. Some states allowed women to serve on juries much earlier than others, while also differing on whether women's suffrage also implied women's jury service.

References

  1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Hans, Valerie P. (2008-01-01). "Jury Systems Around the World". Cornell Law Faculty Publications. 305.
  2. Hannaford P. L. (2001.) "Making the Case for Juror Privacy: A New Framework for Court Policies and Procedures", State Justice Institute.
  3. "Jury duty". Fair Work Ombudsman . Australian Government . Retrieved 21 September 2017.
  4. Nedim, Ugur (4 August 2014). "What Does Jury Duty Pay?". Sydney Criminal Lawyers. Retrieved 21 September 2017.
  5. "NSW Legislation". Legislation.nsw.gov.au. Retrieved 2012-02-14.
  6. Jury Exemption Act 1965 — ComLaw, Australian Government
  7. Jury Exemption Act 1965 (Cth)
  8. Report 117 (2007) – Jury selection: 7. "Excuse for cause" — Law Reform Commission — Lawlink NSW
  9. Report 117 (2007) – Jury selection — Law Reform Commission — Lawlink NSW
  10. McCallum R. (2011.) "Participating in Political and Public Life" Archived 2017-06-24 at the Wayback Machine , Alternative Law Journal.
  11. Discussion Paper 12 (1985) – Criminal Procedure: The Jury in a Criminal Trial — Law Reform Commission — Lawlink NSW
  12. Jury Service Archived 2014-05-30 at the Wayback Machine — CaTS Corporate New South Wales
  13. Payment for jury service Archived 2014-06-23 at the Wayback Machine — CaTS Corporate New South Wales
  14. "What is the chance of being called for jury service?". BBC. 17 March 2017.
  15. 1 2 3 "Frequently Asked Questions About Juror Service in New Jersey" (PDF). New Jersey Judiciary Court System. June 2017. Archived from the original (PDF) on 2014-10-18. Retrieved 2017-09-07.
  16. "The judge who sentenced a man to 10 days in jail for oversleeping jury duty clears his record". CNN. October 2019. Retrieved 2019-10-10.
  17. "Young Thug trial: Essay-writing punishment for woman who skipped jury duty". BBC. January 2023. Retrieved 2023-01-16.
  18. "Rough economy makes filling N.J. juries more difficult, experts say". Star Ledger. July 2011. Retrieved 2019-10-06.
  19. "Title 5: Government Organization and Employees — Justia". Law.justia.com. Retrieved 2012-02-14.
  20. 1 2 "Juror Scams". Uscourts.gov. Retrieved 2012-02-14.