If you receive a jury notice in the mail, you may wonder what it means for you. Can you be excused due to family responsibilities? Can you delay serving because of a big project at work? Will the case be criminal, civil, federal or state? Can you get fired for missing work? This article addresses these issues and what a person's responsibilities are as a juror.
The jury, as an institution, has a long and distinguished history. As early as the English Magna Carta (1215), it was hailed as the protector of individual rights and liberties. In the U.S. Constitution, the Sixth Amendment provides for impartial jury trials in criminal cases. The Fifth Amendment guarantees the right to a grand jury indictment. And the Seventh Amendment provides for juries in certain civil cases.
Jury service is a direct means for citizens to participate in the judicial process. Jurors make decisions that have an impact on individuals' lives, property and liberty.
Although some people find receiving a jury notice disrupting, society considers jury duty so important to running a democracy that the failure to report to the courthouse when summoned can result in a fine and/or imprisonment. Moreover, federal law prohibits employers from firing or taking adverse action against individuals for participating in jury service.
When on a jury, jurors must not discuss the case with anyone except fellow jurors throughout the trial process. After the trial, jurors are under no obligation to talk about their experience with others, including the media. Jurors also are not prohibited from talking about their jury experience. Each juror has a choice.
As you may know, there are two different court systems within the United States:
A jury notice will note what court you are attending. Further, if you are aware of the location of the courts and names of them you may be able to tell if it involves a civil case or a criminal case. However, sometimes it's difficult to tell what kind of case until you arrive for the first day of jury duty.
There are two types of jury systems in the United States:
In a criminal trial, an individual is accused of committing an offense — or crime — against society as a whole. Criminal juries consist of 12 jurors and alternates and a unanimous decision must be reached before a defendant is found "guilty." The burden of proof is on the government and the standard is "beyond a reasonable doubt."
In a civil trial, litigants are seeking remedies for private wrongs that don't, necessarily, have a broader social impact. Civil juries in federal court must consist of at least six jurors and the verdict must be unanimous unless the parties stipulate otherwise. The standard of proof is a "preponderance of the evidence" or "more true than not." Not all civil cases are heard by jurors. Some are conducted before a judge.
If summoned, will you actually serve on a jury? Not necessarily. During a process called voir dire, the trial judge and/or the lawyers for each side question potential jurors for bias. Each side has a certain number of peremptory challenges and an unlimited number of challenges for cause. A peremptory challenge allows a lawyer to dismiss a potential juror for any reason. A challenge for cause allows a party to dismiss a potential juror for possible biases.
Potential jurors who know someone involved in the case, who have information about the case, or who may have strong prejudices about the people or issues involved in the case typically will be excused by the judge.
The judge and the jury have specific roles in a judicial proceeding. The judge determines the appropriate law that should be applied to the case and the jury finds the facts in the case. At the end of the trial, the judge instructs the jury on the applicable law. While the jury must obey the judge's instructions as to the law, the jury alone is responsible for determining the facts of the case.
If you were called to serve on a jury, would you know the difference between a trial jury (also referred to as a petit jury) and a grand jury? Here are the main features of the two types of juries in a nutshell.
What if you think you cannot serve on a jury? Can you be excused? It depends. Each of the federal district courts has its own procedures and policies regarding excusing an individual from jury service. A court may allow excuses from service, when requested, to people from certain groups or occupations. For example, people over the age of 70 or those who serve as volunteer firefighters or ambulance crew members may be excused.
Under the federal Jury Act, a person may be excused on the grounds of "undue hardship or extreme inconvenience." To be considered, "a juror should write a letter to the clerk of court requesting an excuse with an explanation of hardship," according to the Administrative Office of the U.S. Courts. If a request is denied, it cannot be appealed to Congress or any other entity.
Some groups of people are exempt from federal jury service. They're members of the armed forces on active duty, members of fire and police departments, and full-time "public officers" of federal state and local governments who are actively engaged in the performance of public duties.
Keep in mind that state courts have their own procedures and policies for excuses and exemptions. Courts may also allow you to postpone jury service until a more convenient time.
To be eligible to serve on a jury you must:
In federal courts, potential jurors are chosen from a pool generated by random selection of citizens' names from:
Potential jurors are asked to complete questionnaires to help determine whether they are qualified to serve. The court reviews the questionnaires and randomly selects individuals to be summoned to appear for jury duty. The goal of these methods is to ensure jurors represent the community, without regard to race, gender, national origin, age or political affiliation.
Jurors are paid for their service and there are protections for employees. The amounts depend on the type of case. For example, citizens serving on a federal petit jury are paid $40 a day (up to $50 a day after serving 10 days on a trial). They are also reimbursed fees for reasonable transportation expenses and parking and may receive an allowance for meals and lodging if they are required to stay overnight.
An employer may continue an employee's salary during all or part of jury service, but federal law doesn't require this. The Jury Act does forbid employers from firing, intimidating or coercing employees because of federal jury service.
Get in touch today and find out how we can help you meet your objectives.
