Jury Selection and the Role of the Jury: Chapter Chapter 2: Composition and Function of Juries

Law School

Jury Composition

Eligibility for Jury Service:

General Criteria: Jurors must be citizens of the United States, residents of the jurisdiction in which they are summoned, and at least 18 years old. They must possess sufficient proficiency in English to understand and participate in the trial and must not have any disqualifying physical or mental conditions.

Exclusions: Certain individuals are generally excluded from jury service, including those with felony convictions unless their civil rights have been restored, and those who have served on a jury within a specified period (typically one to three years, depending on the jurisdiction).

Selection Process:

Random Selection: Potential jurors are usually selected randomly from voter registration lists or driver’s license databases, ensuring a broad and representative cross-section of the community.

Summons and Questionnaire: Selected individuals receive a jury summons and may be required to complete a questionnaire to determine their eligibility and suitability for specific cases.

Voir Dire:

Purpose: The voir dire process involves questioning prospective jurors to identify any biases or preconceptions that might affect their impartiality. This is conducted by both the judge and the attorneys from both sides.

Challenges for Cause: Attorneys can request the dismissal of a potential juror if they can demonstrate a specific reason why that juror cannot be impartial (e.g., personal relationship with one of the parties).

Peremptory Challenges: Each side is allowed a limited number of peremptory challenges, which they can use to dismiss potential jurors without stating a reason, though these cannot be used to discriminate based on race or gender (Batson v. Kentucky, 1986).

Concept of a "Jury of Peers":

Representative Cross-Section: The idea of a jury of peers is to have jurors who represent a cross-section of the community, providing diverse perspectives and ensuring fairness.

Impartiality: It is crucial that jurors are unbiased and capable of rendering a verdict based solely on the evidence presented and the law as instructed by the judge.

Types of Juries:

Grand Juries: Typically consist of 16-23 members. Their primary function is to determine whether there is sufficient evidence to indict a suspect and proceed to trial. Grand juries operate in secrecy, and their proceedings are not open to the public.

Petit Juries: Also known as trial juries, they usually consist of 6-12 members. Petit juries are responsible for hearing evidence in a trial and rendering a verdict on the issues presented. They can be empaneled for both criminal and civil trials.

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