A jury trial, or trial by jury, is a lawful 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.
The Sixth Amendment to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights. The Supreme Court has applied most of the protections of this amendment to the states through the Due Process Clause of the Fourteenth Amendment.
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt or lack thereof in a crime. In Anglophone jurisdictions, the verdict may be guilty or not guilty. The old institution of grand juries still exists in some places, particularly the United States, to investigate whether enough evidence of a crime exists to bring someone to trial.
Jury nullification is a concept where members of a trial jury find a defendant not guilty if they do not support a government's law, do not believe it is constitutional or humane, or do not support a possible punishment for breaking the law. This may happen in both civil and criminal trials. In a criminal trial, a jury nullifies by acquitting a defendant, even though the members of the jury may believe that the defendant did commit the alleged crime. This may occur when members of the jury disagree with the law the defendant has been charged with breaking, or believe that the law should not be applied in that particular case. A jury can similarly convict a defendant on the ground of disagreement with an existing law, even if no law is broken.
Batson v. Kentucky, 476 U.S. 79 (1986), was a case in which the United States Supreme Court ruled that a prosecutor's use of peremptory challenge in a criminal case—the dismissal of jurors without stating a valid cause for doing so—may not be used to exclude jurors based solely on their race. The Court ruled that this practice violated the Equal Protection Clause of the Fourteenth Amendment. The case gave rise to the term Batson challenge, an objection to a peremptory challenge based on the standard established by the Supreme Court's decision in this case. Subsequent jurisprudence has resulted in the extension of Batson to civil cases and cases where jurors are excluded on the basis of sex.
A death-qualified jury is a jury in a criminal law case in the United States in which the death penalty is a prospective sentence. Such a jury will be composed of jurors who:
- Are not categorically opposed to the imposition of capital punishment;
- Are not of the belief that the death penalty must be imposed in all instances of capital murder—that is, they would consider life imprisonment as a possible penalty.
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, summons are mailed. A panel of jurors is then assigned to a courtroom. The prospective jurors are randomly selected to sit in the jury box. At this stage they will be questioned in court by the judge and/or attorneys in the United States. Depending on the jurisdiction, attorneys may have an opportunity to mount a challenge for cause argument or use one of a limited number of peremptory challenges. In some jurisdictions that have capital punishment, the jury must be death-qualified to remove those who are opposed to the death penalty. Jury selection and techniques for voir dire are taught to law students in trial advocacy courses. However, attorneys sometimes use expert assistance in systematically choosing the jury, although other uses of jury research are becoming more common. The jury selected is said to have been "empaneled".
Jury duty or jury service is service as a juror in a legal proceeding.
Scientific jury selection, often abbreviated SJS, is the use of social science techniques and expertise to choose favorable juries during a criminal or civil trial. Scientific jury selection is used during the jury selection phase of the trial, during which lawyers have the opportunity to question jurors. It almost always entails an expert's assistance in the attorney's use of peremptory challenges—the right to reject a certain number of potential jurors without stating a reason—during jury selection. The practice is currently confined to the American legal system.
Apodaca v. Oregon, 406 U.S. 404 (1972), was a United States Supreme Court case in which the Court held that state juries may convict a defendant by a less-than-unanimous verdict in a felony criminal case. The four-justice plurality opinion of the court, written by Justice White, affirmed the judgment of the Oregon Court of Appeals, and held that there was no constitutional right to a unanimous verdict. Although federal law requires federal juries to reach criminal verdicts unanimously, the Court held Oregon's practice did not violate the Sixth Amendment right to trial by jury and so allowed it to continue. In Johnson v. Louisiana, a case decided on the same day, the Court held that Louisiana's similar practice of allowing criminal convictions by a jury vote of 9-3 did not violate due process or equal protection under the Fourteenth Amendment.
Strike for cause is a method of eliminating potential members from a jury panel in the United States.
Rivera v. Illinois, 556 U.S. 148 (2009), is a decision by the United States Supreme Court involving whether the rejection of a defendant's peremptory challenge to a juror constituted harmless error.
Snyder v. Louisiana, 552 U.S. 472 (2008), was a United States Supreme Court case about racial issues in jury selection in death penalty cases. Justice Samuel Alito, writing for the 7–2 majority, ruled that the prosecutor's use of peremptory strikes to remove African American jurors violated the Court's earlier holding in Batson v. Kentucky. Justice Clarence Thomas dissented.
A stealth juror or rogue juror is a person who, motivated by a hidden agenda in reference to a legal case, attempts to be seated on the jury and to influence the outcome. Legal scholars believe that lawyers can identify stealth jurors by paying close attention to non-verbal behavior connected with deception and identifying discrepancies between answers to oral voir dire and written questionnaires. A potential stealth juror may be hard to read and excessively reserved. The potential for stealth jurors to nullify death penalty statutes has prompted calls to eliminate the requirement of a unanimous verdict in jury trials. On the other hand, the argument has been raised that stealth jurors can serve as a defense against bad laws.
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.
Wainwright vs. Witt, 470 U.S. 1039 (1985), was a U.S. Supreme Court case concerning a criminal defendant, Johnny Paul Witt, who argued that his Sixth and Fourteenth Amendment rights were violated when he was sentenced to death for first degree murder by the state of Florida. He argued that the trial court had unconstitutionally hand-picked a jury during the voir dire process. This was because certain people were excused from the jury because they admitted pre-trial, that their decision of guilty or not guilty toward capital punishment would be swayed due to personal or religious beliefs.
Ham v. South Carolina, 409 U.S. 524 (1973), was a United States Supreme Court decision concerning examinations of prospective jurors during voir dire. The Court held that the trial court's failure to "have the jurors interrogated on the issue of racial bias" violated the petitioner's due process right under the Fourteenth Amendment. This right does not extend to any question of bias, but it does not preclude questions of relevant biases.
Warger v. Shauers, 574 U.S. ___ (2014), was a unanimous decision by the United States Supreme Court, ruling that jurors may not testify about what occurred during jury deliberations, even to expose dishonesty during jury selection or voir dire. The Court delivered its ruling on December 9, 2014.
